Long Island Elder Law Attorneys

As we get older, families have concerns about long-term care for their elderly loved ones. Elder law attorneys address the needs of seniors as well as younger adults who have a disability. Whether you are designing an estate plan for yourself or exploring long-term care options for a relative or friend, it can be an overwhelming and difficult task when you handle it alone and don’t know where to begin.

Our Long Island elder law attorneys bring a wealth of experience, skill, and creativity in how we approach our clients’ needs and navigate complex issues, thinking “outside the box” to create personalized plans and solutions that align with our clients’ values and future aspirations. 

Elder Law Explained

Elder law is a specialized area of legal practice that focuses on the needs and challenges of older adults and their families. At its core, elder law is about ensuring that seniors and their families have the legal tools in place to protect their rights, assets, and well-being.  Elder law attorneys help clients navigate the complex and often changing laws and regulations that affect their health care, long-term care, financial security, estate planning, and personal rights. Elder law attorneys also advocate for their clients’ best interests and dignity in situations where they may face abuse, neglect, exploitation, or discrimination.

Planning for the future is essential for securing financial stability and ensuring quality care in later years. FRB’s Elder Law Practice Group provides experienced legal guidance to help seniors and their families on Long Island navigate complex elder law issues and achieve peace of mind in their legal planning. 

When Do You Need to Consult a Long Island Elder Law Attorney?

At Falcon Rappaport & Berkman, we believe you are never too young or too old to consult an elder law attorney about planning options you can implement to create the future you want for yourself and your family. By working with an experienced Long Island elder law attorney, individuals and their families can create a personalized, solid estate plan now to avoid unnecessary financial burdens and legal complications in the future.

An experienced elder law attorney can be a valuable resource when planning for retirement, managing healthcare decisions, or protecting your assets from long-term care costs.  The assistance of an elder law attorney can also be crucial when navigating issues relating to long-term care, such as nursing home placement, qualifying for Medicaid benefits, or in moments of transition or “crisis” situations, where immediate care planning is needed. In circumstances where an elderly or disabled person is in need of additional assistance in managing their personal needs or finances, an elder law attorney can help you decide whether guardianship may be necessary to protect a loved one from potential harm. 

You may need a Long Island elder law attorney if you or a loved one is:

• Facing a health crisis or a chronic condition that requires long-term care or home care
• Applying for or appealing a denial of Medicaid or other public benefits
• Concerned about protecting your assets and income from the cost of care or creditors
• Planning for your future and your legacy, including creating or updating your will, trust, power of attorney, health care proxy, or living will
• Seeking a guardianship or a less restrictive alternative for a person who is incapacitated or disabled
• Contemplating how to create a plan for their child with special needs that will provide them financial security, without negatively impacting their eligibility for benefits or services that enhance their quality of life
• Experiencing or witnessing abuse, neglect, or financial exploitation of a loved one, whether based on age, disability, or other factors 
• Dealing with the death of a spouse or a family member and the administration or probate of their estate

It is important to contact an experienced elder law attorney when any of these situations arise so that you can be empowered to make informed decisions needed for both immediate and long-term planning. Don’t wait—take the first step towards securing your future today by reaching out to our team for a consultation!

How Our Long Island Elder Law Attorneys Can Help

Our Long Island elder law attorneys have the experience, knowledge, and compassion to help you with any elder law matter, such as:

Advance Directives

Advance directives are legal documents that allow you to express your wishes and preferences for your health care, end-of-life care, and other decisions regarding the management of your future needs, which remain effective in the event that you become unable to communicate or make decisions for yourself. By executing an advance directive now, you can take important steps to exercise control and autonomy over future decisions that others may need to make for you if you later become incapacitated. Our attorneys can counsel you on the different options available to you and help you create, revoke, or change advance directives. We can also represent you as an agent, surrogate (proxy), or a health care provider in a legal matter involving advance directives.

Medicaid Planning, Applications, and Appeals 

Medicaid is a complex and often confusing program, with rules and eligibility criteria that frequently change, and as such, clients frequently seek our assistance in navigating the process of applying for Medicaid benefits. Our elder law attorneys can help you understand and qualify for Medicaid and other public benefits programs that can help subsidize the costs of your care, and assist you with the application process, gathering the documentation necessary to demonstrate eligibility, and completing the assessment process that is required to utilize your Medicaid benefits coverage once it is secured. We can also assist you with the renewal or recertification process, Medicaid appeals and Fair Hearings, and understanding the coordination of Medicaid coverage and long-term care insurance.

Guardianships 

We can help you seek guardianship of an adult who is incapacitated or has special needs and requires the assistance of a guardian to meet his or her needs, under Article 81 of the New York Mental Hygiene Law, or Article 17-A of the New York Surrogate’s Court Procedure Act. Our attorneys can assist you in determining which of these legal pathways to guardianship is appropriate under the circumstances of your case and can represent you in navigating the complexities of the guardianship process through the New York State court system. In addition to representing you as a Petitioner seeking an order of guardianship, we can also represent you as a Guardian, a Trustee, a Cross-Petitioner, or Interested Party if a loved one is the subject of a guardianship proceeding. Our experienced Long Island guardianship attorneys can help you understand the process of obtaining guardianship, advise you on your rights and responsibilities as a Guardian, and assist with preparing applications to the Court and annual financial accountings if you are appointed Guardian.

Long-Term Care Planning and Consulting

We can help you plan for your long-term care needs and preferences, and explore the various options and resources available to you, such as long-term care insurance, Medicaid planning, trusts and other asset preservation techniques, home care services, CDPAP, Medicaid waiver programs (including the Nursing Home Transition & Diversion Waiver program, or NHTD), assisted living facilities, independent senior living facilities, nursing homes, home care services, and hospice care. We can also assist you in understanding your options and the next steps in your care planning if you are faced with an unexpected medical emergency, and perform “Medicaid crisis planning” to help you maximize the public benefits to which you may be entitled.

Estate Planning & Asset Protection Planning (including Wills and Trusts)

Whether you need a simple will, a trust, or more complex estate planning, our Long Island attorneys can assist you in understanding what estate planning tools are available and make recommendations regarding what planning options may help you achieve your long-term personal and financial goals. We can help you create or update a comprehensive estate plan that provides a succession plan for your property, designates executors, trustees, and/or guardians (as appropriate), and addresses other important decisions regarding your family in order to ensure your legal affairs are in order, taking into account concerns you may have regarding taxes, debts, funeral arrangements, charitable giving, and other matters that may pertain to your individual estate plan. By curating a personalized estate plan, geared toward advancing your own goals and values, our attorneys can help you achieve peace of mind for the future, provide financial security for your loved ones, and preserve your legacy.

Special Needs Planning

Our Long Island Special Needs Planning attorneys provide expert representation to clients who wish to provide for the future needs and financial security of their loved ones with special needs, drawing on their extensive experience to develop and implement comprehensive legal strategies to preserve assets and enhance quality of life for individuals with physical, cognitive, or developmental disabilities while safeguarding eligibility for essential governmental benefits such as Supplemental Security Income, Medicaid, OPWDD, and waiver programs. By utilizing planning tools, such as first-party and third-party Special Needs Trusts, structuring pooled trusts and Achieving a Better Life Experience (ABLE) accounts, preparing advance directives and supported-decision-making agreements, and securing Article 17-A Guardianship appointments, we work closely with our clients to achieve the goal of empowering their loved ones with disabilities to lead secure, dignified, and enriched lives without jeopardizing the public supports on which they rely.

Estate Administration and Probate

We can help you administer and settle the estate of a deceased person, whether or not they had a Will or trust, and handle the probate or administration process in the Surrogate’s Court. We can also help you resolve any disputes or challenges that may arise during the estate administration or probate, such as will contests, creditor claims, beneficiary disputes, or fiduciary misconduct. If you are named as the beneficiary of a person’s estate or otherwise stand to inherit from a person who is deceased, we can assist you in understanding your beneficiary rights and represent your interests in the context of a court proceeding.

Trust Administration

FRB’s Long Island Trust Administration attorneys are dedicated to providing comprehensive support and guidance to Trustees as they navigate the often complex process of administering trusts, including those established for individuals with special needs. Our experienced team works closely with Trustees to ensure that all legal, financial, and fiduciary responsibilities are met, while also helping to preserve essential government benefits and protect the long-term interests of beneficiaries. We understand the unique challenges that can arise in these situations, and are committed to offering clear, compassionate advice every step of the way, making the trust administration process as smooth and stress-free as possible for all involved.

Estate and Trust Litigation

When a client is the beneficiary or heir of a deceased person’s estate, or the beneficiary of a trust, and the instructions set forth in those instruments are not followed, this compromises the integrity and effectiveness of the legal plans put into place. While these disputes can sometimes be resolved through negotiation, when estate litigation or trust litigation is necessary, our experienced attorneys can provide the advocacy and skill needed to ensure that your rights are protected. Our attorneys can help ensure that the legal directives set in place are properly adhered to in the administration of the trust or estate by advocating for the rights of the beneficiary through estate litigation or trust litigation, as the case may be.

With the guidance and advocacy of an experienced Long Island elder law attorney, individuals can be empowered with the knowledge and support needed to help them make informed decisions to safeguard their future, allowing them to achieve long-term financial security and peace of mind.

Plan For the Future With Help from a Long Island Elder Law Attorney

Planning for the future is essential for securing financial stability and ensuring quality care in later years. FRB’s Elder Law Practice Group provides experienced legal guidance to help Long Island seniors and their families navigate complex elder law issues. Contact us today to discuss your needs and find peace of mind in your legal planning.