Do you know someone who has spent time in a nursing home?

Have you ever thought it could be you?

Most people answer the first question yes, and the second question no. However, AARP studies show that approximately 70% of people reaching age 65 will need some type of long-term care. Whether you or your loved one prefer to obtain affordable, quality care at home or in a senior facility such as a nursing home, proper long-term care planning is extremely important, especially due to limited available services and the staggering price tag.

The elder care planning lawyers at Pierro, Connor & Strauss, LLC meet the unique legal needs of our older clients living in New York State with a holistic approach that incorporates not only traditional estate planning and trust administration – such as drafting wills, trusts, and advising on tax matters – but also analysis and planning for government benefits such as Medicaid, Medicare, and Veteran’s benefits.

The elder law lawyers at Pierro, Connor & Strauss, LLC have adopted a mission of helping older clients and their families in Albany, the Capital Region, New York City, Long Island, Hudson, Lake Placid, and across New York State to handle these issues as efficiently and effectively as is possible. We provide a particular focus on long-term care planning, which includes using these government benefits and identifying and advocating for housing, social, and other financial needs. We are uniquely sensitive to the desires of our clients and their families regarding who should make important decisions for the senior and how those decisions can be implemented with asset protection, advanced directives, such as Powers of Attorney and Health Care Proxies or guardianships.

What is Long-Term Care?

Long-term care involves a variety of services that help to meet both the medical and non-medical needs of people with chronic illness, disability or advanced age who have difficulty caring for themselves. Long-term care can be assistance with normal daily tasks like dressing, bathing, meal preparation and using the bathroom, or medical care that requires the expertise of skilled practitioners to address the frequent and numerous chronic conditions associated with older populations. Long-term care can be provided at home, in the community, in assisted living or in nursing homes. People of any age may need long-term care, although it is a common need for senior citizens.

Elder Care Planning Team
Louis W. Pierro
Aaron E. Connor
Peter J. Strauss
Frank E. Hemming III

Call us today for a FREE consultation

Financing the Cost of Long- Term Care

Seniors or individuals with a disability who have chronic care needs have several options to cover long-term care expenses.

Self-Insuring

“Self-insuring”, or paying your own way, is one available option for those who have sufficient income, including income producing assets. You can expect to pay approximately $135,000.00 to $200,000.00 per year for nursing home care depending on where you live, and the cost is even greater for better facilities. In downstate NY areas, the cost of care rises dramatically. Home care can be even more expensive, with 24/7 care costing $120,000.00 to over $200,000.00 per year.

Private Long-Term Care Insurance

If long-term care insurance premiums are affordable, private long-term care insurance can be integrated into your estate plan to provide protection without the need for liquidating or divesting assets. While we do not offer theses policies, our elder care lawyers can provide valuable guidance on options such as policy benefits, tax deductibility, reimbursement versus indemnity benefits, and innovative products such as hybrid policies.

Medicaid

If an individual has insufficient income to private pay for care and does not have or cannot get a long-term care insurance policy, the only option available is Medicaid. There are excellent planning options available for long-term care, but under the new Medicaid eligibility rules, waiting to plan is NOT one of those options.

Unlike Medicare, Medicaid is a government program which pays both medical costs and long-term care costs. However, Medicaid is designed as a payor of last resort and to qualify you must meet strict financial and other eligibility requirements. The rules governing Medicaid are complex, and frequently change, requiring great care in the planning and application for benefits. That does not have to happen, however, and we have helped hundreds of clients navigate the “minefield” of the Medicaid planning and filing process. If you or a loved one is in need of Medicaid, please contact our office to schedule a consultation.

We offer a complete slate of elder law services

Our team has extensive knowledge and experience in guiding and advising elder clients and their families on:

  • Estate Planning
  • Wills, trusts, and succession planning
  • Long-term care planning/Medicaid planning
  • Competency, Guardianship, and Advanced Directives
  • Health care discharge planning and senior housing advocacy
  • Geriatric care management
  • Income, estate, and gift tax planning
  • Business planning as it pertains to obtaining government benefits

    i.e. Medicare Benefits, Veteran’s Benefits, and more

Planning for Long-Term Care

An estate planning lawyer from our firm can help you understand the array of options and issues that you or your family member will face when planning for long-term care, including how to manage care to address chronic illnesses, disabilities, and self-care difficulties that arise with advanced age. The average annual cost of living in an elder care facility in New York State is currently between $135,000 and $200,000. Health insurance and Medicare will cover a very limited portion, but not all of those costs.

Our elder care attorneys will analyze your options for handling these costs and provide straightforward and clear guidance on the optimal coordination of benefits from Medicare, self-insurance, private insurance, Medicaid, and other sources. Additionally, our services cover tax planning and trust and estate matters, including the use of Medicaid Asset Protection Trusts (“MAPTs”) and Revocable Trusts to preserve assets for long-term care and future generations. We also advise our elderly clients on alternatives to trust planning, including the benefits that may be available through private long-term care insurance.

Consult with an elder law lawyer before you apply for Medicaid benefits

Medicaid may be the only available option to pay elder care expenses when an older person does not have other income or resources or any private long-term insurance. The Medicaid income and resource limits and rules regarding transfers of assets, however, can be difficult to comprehend and, if not properly navigated, can result in an erosion in the value of an individual’s estate. Our elder care planning attorneys help our clients qualify for Medicaid recipients to maximize their benefits and to retain as much of their estate assets as may be allowed under applicable federal and state rules.

New York elder care planning lawyer

The elder law attorneys at Pierro, Connor, & Strauss, LLC have offices in the Capital Region to serve clients and their families in Albany, Schenectady, Rensselaer, Saratoga, Columbia, and Greene Counties, as well as in our New York City office in Manhattan, Long Island, Hudson, Lake Placid and other locations in New York State. Please call our offices to schedule a free consultation with one of our Albany elder care planning attorneys.

We give all of our elderly clients and their families the respect and sensitivity that they deserve with state-of-the-art legal planning that enables them to age with dignity and affordable, quality care.

Life Happens…..Are You Prepared?

Contact us today for a FREE consultation and we’ll be happy to help take the worry out of tomorrow so you can live today.

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