Nassau County Elder Law Attorney

What Is Elder Law in NY?

New York elder law is defined in sections 201-301 and sections 260-262 of New York state law. Elder law in New York is divided into two articles:

1. Article 2 - which covers laws that ensure elders have a good quality of life in New York.
2. Article 3 - which covers laws concerning elder abuse, neglect, and maltreatment.

Here are some of the general areas elder law governs in New York:

• The treatment of elders in long-term care facilities, such as nursing homes - Under New York law, elders are entitled to quality treatment at any long-term care facility they inhabit. New York takes seriously and investigates any complaints made by elders or their immediate family members concerning treatment, including topics such as elder abuse, neglect, or maltreatment.
• Elders of a certain age (65 and up) or who meet certain income requirements ($20,000-75,000) are eligible for comprehensive pharmaceutical insurance that should cover most of their healthcare needs.
• Elders not residing in a long-term care facility may be eligible for cost-of-living adjustment programs to help them have a good quality of life.
• Anyone who endangers the welfare of a vulnerable or elderly person may be charged with a misdemeanor or a felony, depending on the severity of their crime. Penalties include significant fines and prison sentences, again, depending on the severity of the crime.

In addition to New York's laws governing how the elderly should be treated, elder law also governs legal actions that help the elderly live better lives but are not necessarily provisioned by the state, such as:

• Drafting wills and estate planning
• Determining the power of attorney
• Establishing healthcare proxies
• Drafting a living will if the need for one exists
• Helping an elderly individual protect their assets
• Mandating guardianship proceedings

Elder laws span a wide range of legal stipulations. If there's a specific elder law you're curious about, we recommend contacting our office for a free consultation. 

Laws to Protect the Elderly

There are many ways that our experienced Nassau County elder law lawyer can help you and your family. This applies regardless of your age and income level. When you create a comprehensive estate plan to protect your assets while ensuring your wishes are carried out upon your passing, you can plan for long term care and estate taxes so you do not lose your hard-earned assets. You can also set up advance directives such as a health care agent and power of attorney, to ensure important decisions about your health care, finances and legal matters are handled by someone you trust in the event of your incapacity. Let our experienced attorney help you navigate through the complexities of the legal system.

There area few key reasons elder law is so important:

• It protects the elderly from being taken advantage of or mistreated - Since elder abuse, neglect, and mistreatment are considered serious offenses that carry hefty penalties, potential offenders are dissuaded from committing acts that violate elder law. Similarly, rent control law and mandatory healthcare laws can ensure the elderly maintain a good quality of life, even if they aren't able to work anymore or lack a substantial income.
• It helps elderly individuals feel in control of their life and confident about their legacy - Elder law attorneys help the elderly understand what they can expect from life and the law in their later years. For most of us, the prospect of drawing up a will is deeply unpleasant because it forces us to confront our own mortality. Elder law attorneys can help the elderly confront and overcome that fear, so they know their assets and legacy will be in good hands in the future.
• It helps families take care of their loved ones - Taking legal steps such as estate planning, drafting wills, determining the power of attorney, establishing a healthcare plan and long-term care facility residency, etc. allows families to be confident their loved ones live a happy life in their old age. Elder law acts as a preventative measure, proactively eliminating the tension that often arises from activities such as dividing an estate or determining what assets are distributed to family members in a will.

At the end of the day, it's really this simple: Elder law plays an invaluable role in giving elderly individuals and their family members peace of mind towards the end of a life and beyond. Getting older is never easy, but a good elder law attorney can make the process as painless as possible.

The Virdone Law Firm Elder Law Legal Counsel

There's a common misconception that the term "elder law" only applies to drafting wills for the elderly. However, elder law actually refers to a comprehensive set of laws that govern how the elderly live their lives. It's the job of an elder law attorney to ensure that elderly individuals have all their needs, such as healthcare and a comfortable living situation, addressed in their old age. Drafting wills and estate planning are only facets of elder law as a whole.

We Can Help You With The Following Legal Matters

• Wills
• Trusts
• Probate
• Living Wills
• Estate Litigation
• Power of Attorney
• Medicaid
• Asset Protection
• Health Care Proxy
• Guardianship
• Life Care Planning
• Estate Administration

The Virdone Law Firm, P.C. provides a variety of exceptional and effective elder law services to individuals and families throughout Long Island, Queens County, Nassau County and Suffolk County, New York. Due to the serious and complex nature of elder law, we strongly advise individuals exploring elder law to seek legal assistance. Our New York elder law attorney knows exactly how to achieve your goals in a timely manner.

Reasons To Enlist Our Assistance

• Free Case Evaluations
• Backed by Over 27 Years of Legal Experience
• Personalized Client Services
• Cost-effective Representation
• Effective & Practical Solutions
• Unparalleled Legal Assistance
• Extensive Track Record of Success