Our attorneys are admitted to practice law in New York and New Jersey
Seniors in New York over the age of 65 face distinct legal challenges that are best managed with the help of an experienced elder law attorney. Over the years, you may have built up significant assets and now require expert advice on how to protect them effectively. Additionally, guidance is often needed to navigate the complexities of aging, including qualifying for Medicaid for nursing home care and establishing a health care proxy.
These decisions can be emotionally taxing, yet they are crucial to securing your well-being and preserving the legacy you’ve worked so hard to build. Without proper planning, you might be forced to liquidate assets to cover the high costs of long-term care.
At Schlessel Law, PLLC, we understand how challenging these matters can be. Nassau County elder law attorney Seth Schlessel brings extensive experience in New York elder law to help you through this process. We assist clients in qualifying for Medicaid, creating trusts, drafting wills, and accessing other Medicaid-related benefits. We also provide support with probate matters throughout Nassau and Suffolk Counties on Long Island.
To schedule a consultation, please call us at (516) 574-9630 or email our office anytime. We are here to help you protect your future with compassion and expertise.
What Is Elder Law in New York?
Elder law addresses the unique legal challenges associated with aging. This specialized area of law covers a broad range of issues, including long-term care planning, guardianship, and estate planning. Estate planning is especially important within elder law, as it helps individuals determine how their assets will be managed and distributed after their passing. Proper estate planning can reduce tax burdens and ensure that loved ones are provided for.
Another critical aspect of elder law is long-term care planning, which encompasses everything from selecting assisted living facilities to arranging in-home care services. Seniors and their families often face complex legal matters as they navigate aging, and working with an experienced Long Island estate planning attorney knowledgeable in elder law can help simplify this process.
Elder law estate planning focuses on helping seniors prepare for incapacity and the potential need for long-term care. Attorneys in this field understand the specific concerns of older adults and their families and provide valuable guidance on a variety of legal issues.
At Schlessel Law, PLLC, we assist Long Island seniors with long-term care planning and determining eligibility for federal benefits. Our skilled estate planning attorneys help ensure essential legal documents—including wills, trusts, and advanced directives—are properly prepared and executed. We also support families in initiating guardianship proceedings when necessary to protect the well-being of loved ones who have lost capacity.
Our firm is dedicated to advocating for seniors who wish to maintain their independence and live safely in their own homes. If you need elder law assistance in Nassau County or Suffolk County, contact Schlessel Law, PLLC today to schedule a consultation.
I would recommend Seth Schlessel to anyone I know who needs a top-notch Eldercare Lawyer. Seth's caring, compassionate manner as well as his wealth of knowledge and professionalism far exceeds any other lawyer that our family has used. As our family navigated it's way through an extremely difficult time Seth was always available for us. His expertise in Medicaid, and all eldercare laws made it so easy for us to handle the highly emotional side of things without having to worry about anything else. He was so patient with us, answering any questions we had, even ones that not necessarily had to do with anything legal. We feel extremely lucky and blessed to have Seth in our lives. He was not only our lawyer, but he became our friend. The words to sum up what Seth means to our family are he is our HERO AND PROTECTOR!
An Elder Law Attorney specializes in legal matters that affect older adults and their families, advocating to ensure their clients’ later years are secure, comfortable, and dignified.
Here is an overview of the key roles and responsibilities of elder law attorneys:
Estate Planning and Probate:
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They assist clients in drafting and managing important documents such as wills, trusts, and powers of attorney. These attorneys ensure estate plans comply with current laws and that assets are distributed as intended after the client’s passing.
Guardianship:
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When an elder can no longer make informed decisions, elder law attorneys help establish guardianship or conservatorship. This legal process empowers a trusted individual to handle financial, medical, and personal decisions on behalf of the elder.
Healthcare Planning:
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They guide clients through healthcare options, including long-term care, Medicare, and Medicaid. This support includes explaining eligibility, rights, and assisting with applications or appeals to ensure clients receive the care they need.
Elder Abuse Protection:
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Elder law attorneys play a vital role in preventing and responding to elder abuse—whether physical, emotional, or financial—by taking legal action to protect seniors and hold perpetrators accountable.
Financial Planning for Long-Term Care:
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They provide counsel on managing funds to cover the costs of assisted living or nursing home care without exhausting the client’s financial resources prematurely.
By focusing on these essential areas, elder law attorneys help safeguard the rights and well-being of older adults, ensuring they receive the respect and protection they deserve throughout their senior years.
Aspect
Description
Estate Planning
Preparation of wills, trusts, and powers of attorney to ensure proper asset distribution
Guardianship
Establishing guardianship or conservatorship for decision-making support
Healthcare Planning
Guidance on long-term care options, Medicare, and Medicaid
Elder Abuse
Legal action to protect seniors from abuse
Financial Planning
Advice on managing finances for long-term care
Amazing Team! Seth Schlessel and his team have assisted our family with Elder Law needs such as estate planning to a very successful Medicaid application. The clear explanation to every detail and every step of this difficult process has made our story a huge success. A firm who responds to questions and phone calls as if we had been the only client. I would recommend this firm to any one seeking legal assistance.
The Importance of Hiring a Long Island Elder Law Attorney
As people age, they often encounter new and complex challenges that require careful legal guidance. Seniors and their families may face issues related to estate planning, long-term care, and healthcare decisions. Elder law attorneys are specially trained to assist older adults with these unique legal needs, making them invaluable allies during the aging process.
There are many reasons why seniors turn to elder law attorneys for help, including:
Estate Planning: Crafting or updating wills, trusts, and other estate planning documents to ensure assets are protected and distributed according to one’s wishes.
Planning for Incapacity: Establishing powers of attorney and advance directives like living wills to prepare for times when one may be unable to make decisions independently.
Applying for Government Benefits: Assisting with Social Security, Medicare, Medicaid, and other public benefits applications to secure necessary support.
Navigating Probate: Guiding clients through the probate process, from filing paperwork to the final distribution of assets.
Additionally, elder law attorneys provide guidance on related matters such as reverse mortgages and guardianship proceedings.
If you have questions about elder law or need legal assistance on Long Island, don’t hesitate to contact our firm. Speak with our Nassau County elder law attorney today at (516) 574-9630.
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Long-Term Medicaid Planning in New York
Although many people don’t expect to need nursing home care, it becomes a reality for many New Yorkers as they enter their 80s. According to a Kaiser Family Foundation study, about one in three individuals aged 65 will require skilled nursing care at some point in their lives.
The median annual cost for a semi-private room in a nursing home in New York, including Long Island, is around $145,000. Meanwhile, the average yearly expense for a home health aide is $57,204, and assisted living facilities cost approximately $70,992 annually. Due to these high expenses, Medicaid is the primary payer for long-term care, covering six out of ten nursing home residents across the country.
It’s important to understand that Medicare and private insurance typically do not cover extended nursing home stays. While some families may have the resources to cover these costs or purchase long-term care insurance, many will rely on Medicaid. Eligibility for Medicaid requires meeting specific income and asset limits.
Because of these requirements, seniors often need to spend down their assets to qualify for Medicaid coverage of nursing home care. Medicaid’s “look-back” period is five years, which means any asset transfers made below market value within that timeframe could affect eligibility. New York’s Medicaid rules are complex and require careful planning.
An experienced elder law attorney in Long Island can guide you through this challenging process. By working with an elder law specialist, you can express your wishes and prepare the necessary legal documents to protect yourself and your assets. The attorneys at Schlessel Law, PLLC, serving Nassau and Suffolk Counties, will help you understand Medicaid’s requirements and safeguard your estate throughout the process.
To arrange a consultation, call our firm today at (516) 574-9630.
Estate Planning and Elder Law
Creating a comprehensive estate plan is a vital step in preserving your legacy. Through effective estate planning, you can determine how your assets will be distributed, who will care for your family members, and how your medical decisions will be handled. This process helps protect you, your loved ones, and your assets for the future.
Elder law differs from general estate planning by focusing specifically on the needs of seniors in carrying out estate plans. It addresses critical issues such as long-term care, incapacity, and the transfer of wealth after death. Elder law attorneys also provide guidance on Medicare, Medicaid, and guardianship matters—areas that become increasingly important as individuals age.
Some of the key estate planning tools used for seniors include:
Last Will and Testament
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A Last Will and Testament clearly states your wishes regarding the distribution of your assets and names an executor to oversee your estate. It specifies who will receive your property and belongings after you pass away. Having a written Will ensures your intentions are honored and provides guidance to your loved ones during a difficult time. Without a Will, state laws will determine how your assets are distributed, which might not align with your preferences. This can result in unintended beneficiaries or complications such as unnecessary taxes and legal challenges that a properly drafted Will could avoid.
Power of Attorney
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A Power of Attorney (POA) is a legal document that permits someone you trust to make decisions and act on your behalf if you become unable or choose not to handle certain matters yourself. This authority can include signing documents and managing financial or legal transactions. Granting a POA ensures that important decisions can be made promptly and responsibly by a designated person you trust during times when you cannot act independently.
Health Care Proxy
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A Health Care Proxy is a legal document that authorizes a trusted person to make medical decisions for you if you become unable to make those decisions yourself. It’s essential to designate someone you trust as your Health Care Proxy and to have a clear conversation with them about your healthcare preferences and wishes for different situations that might arise. This ensures your medical care aligns with your values even when you cannot communicate them directly.
Advance Directive
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An Advance Directive, often called a Living Will, is a legal document that allows you to express your wishes about medical treatments and end-of-life care for times when you are unable to make decisions yourself. As you and your loved ones age, understanding the financial tools and regulations available to assist you becomes increasingly important. Planning ahead for both expected and unexpected situations can make all the difference. We are committed to supporting you throughout the process and answering any questions you may have.
Contact our law firm today at (516) 574-9630 to schedule a consultation.
Guardianship for Seniors
Guardianship is a legal process in which the court appoints a responsible individual to make personal and/or financial decisions on behalf of someone who can no longer manage on their own. This step is often necessary to protect elderly individuals who are at risk of harm due to cognitive decline or other incapacities.
Family members, healthcare facilities, or government agencies such as the Department of Social Services can begin guardianship proceedings. Under Article 81 of the New York Mental Hygiene Law, if an elderly person is shown to be unable to handle their affairs and is vulnerable to neglect, financial abuse, or harm, a petition can be filed to have a guardian appointed.
Because these cases often involve urgent circumstances, the process is time-sensitive—a hearing must typically be held within 28 days of filing. The petitioner must provide convincing evidence that the Alleged Incapacitated Person (AIP) is unable to care for themselves and would benefit from the appointment of a guardian.
At Schlessel Law, PLLC, we are experienced in both initiating guardianship petitions and serving as guardians for individuals in need. We’re here to help you navigate the complexities of this legal process with compassion and professionalism.
To schedule a consultation and explore how asset protection planning may benefit you, call us today at (516) 574-9630 or contact us online.
Planning for Retirement
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Entering retirement is an exciting milestone, but it also comes with new challenges. Many individuals feel uncertain about whether their savings and income will be enough to support them throughout their retirement years. With people living longer than ever before, the need for a reliable financial plan is greater than ever. Strategic planning can help you secure your future, reduce financial stress, and preserve your assets.
A key element of retirement planning involves optimizing your Social Security benefits. For many retirees, Social Security represents a significant portion of their monthly income. Knowing when to begin collecting these benefits can greatly affect how much you receive over time. While waiting until full retirement age—or even age 70—can lead to larger monthly payments, financial needs or health concerns may make earlier collection necessary.
If you're unsure when to start drawing your Social Security or how to balance other income sources, consulting with an experienced elder law attorney is a smart move. A knowledgeable lawyer can guide you through your options, help you make informed decisions, and create a plan tailored to your financial goals and personal needs.
With thoughtful preparation, retirement can be a time of freedom and fulfillment. A solid plan ensures that you not only meet your essential needs but also enjoy the lifestyle you’ve worked so hard to earn.
Get Guidance from an Experienced Long Island Elder Law Attorney
Navigating elder law issues can feel overwhelming, especially when trying to make the right choices for your future and your loved ones. At Schlessel Law, PLLC, our experienced elder law attorneys are here to help you make informed decisions with confidence and clarity.
Planning ahead is one of the most important steps you can take to protect your assets, secure your care, and preserve your legacy. Whether you’re starting from scratch or revisiting an existing estate plan, our legal team offers personalized support tailored to your specific needs and goals. We are committed to helping you and your family safeguard what matters most.
To speak with a knowledgeable elder law attorney serving Nassau and Suffolk Counties, call Schlessel Law, PLLC today at (516) 574-9630 to schedule your consultation.
Disclaimer:The information on this site is not legal advice. You should consult an attorney for guidance on your specific situation. Contacting us does not establish an attorney-client relationship. Do not send confidential information until such a relationship is confirmed. Past results do not guarantee future outcomes.