Elder Law Planning
Elder law planning requires careful attention to detail and knowledge of various legal options. The attorneys at Kommer Bave & Ciccone LLP take a holistic approach to elder law planning to address all aspects of a client’s elder law needs from estate planning documents, to placement upon discharge from rehabilitation, to assisting with private aides at home, to applying for Medicaid, to working with geriatric care managers or dementia coaches to bring support and comfort to struggling families.
Medicaid
Our elder law attorneys diligently assist clients to establish eligibility for Medicaid Homecare and nursing homes, in a timely fashion, to gather the needed documents and submit a comprehensive application to the appropriate office, together with an application for a pooled trust when appropriate to maximize income. We can also assist with promissory note and gift planning to preserve assets even when a client needs a nursing home immediately.
Guardianship
A guardianship may be necessary if an individual did not put a power of attorney and/or health care proxy in place prior to losing capacity, or such documents are insufficient. This type of guardianship is brought pursuant to Article 81 of the NYS Mental Hygiene Law. Our elder law attorneys have the compassion and dedication to represent individuals and families during these often very difficult proceedings.
Special Needs Planning
Special needs trusts (or "supplemental needs trusts") are an important component of planning for a disabled child. Our attorneys will help you understand the three types of special needs trusts - the first-party trust, the third-party trust, and the pooled trust - to find the one that is the right fit for your family.
Asset Preservation Planning
Our attorneys are prepared to offer clients quality advice and counseling with respect to asset preservation planning, including long-term care insurance. This planning takes advantage of the current laws that allow a person to transfer assets out of his/her name to another individual or to a Medicaid Qualifying Trust for the purpose of making themselves eligible for Medicaid or to protect assets from Medicaid recovery.
Estate Planning
Looking to protect your estate? Estate Planning goes hand-in-hand with Elder Law Planning. Our attorneys are here to help with:
- Durable Power of Attorney
- Health Care Proxy
- Living Wills
- Wills
- Trusts, Revocable or Irrevocable.
Kommer Bave & Ciccone LLP – Experienced Elder Law Attorneys
Elder law planning requires careful attention to detail and knowledge of various legal options. Whether preparing for nursing home expenses through Medicaid, planning or purchasing of long term care insurance, private placement in an assisted living home, seeking a guardianship for a loved one suffering from an incapacity, or establishing a trust in connection with a Medicaid plan, we give special attention to our clients’ needs and advocate for their best interests.
Kommer Bave & Ciccone LLP is dedicated to assisting you with any questions and concerns you have regarding elder law and long-term care planning. Contact our office at (914) 633-7400 to set up a meeting with our elder law attorneys.
Frequently Asked Questions
This planning takes advantage of the current laws that allow a person to transfer assets out of his/her name to another individual or to a trust for the purpose of making themselves eligible for Medicaid or to protect assets from Medicaid recovery.