Elder Law

An elder law attorney serves the needs of senior clients. This involves preparing wills, trusts, powers of attorney, and health care proxies or powers of attorney for health care, as well as helping to plan for old age or disability, or accessing government benefits available to the elderly.

An elder law attorney can help set up a guardianship or conservatorship to care for the needs of and protect the property of a person who is losing mental capacity. This can be someone with a mental illness or an elderly person with dementia or Alzheimer's disease. Elderly people can be subject to abuse and exploitation, and a guardianship is a way to protect the elderly person and the assets they accumulated.

In a guardianship, a court order is typically needed to appoint a responsible person, such as a family member or relative, to have the legal responsibility for the care and the assets of someone who no longer has the mental capacity to manage. A court-appointed guardian must file an annual accounting with the court.

A guardianship is just one way of protecting the assets of an elderly person who has lost mental capacity. Another way is through a durable power of attorney executed while the person still has mental capacity to do so. With a durable power of attorney, a family member or even a friend may be able to provide asset management without the necessity of court supervision. Yet another way to plan for disability or mental incapacity is by setting up a revocable trust while the person (settlor) still has mental capacity.

If you are looking for a Russian speaking attorney to help you with your family needs, including a guardianship decision, please contact attorney Leonid Mikityanskiy at our Brooklyn office at 718-256-3210.

Medicaid Eligibility Planning

Paying hospital medical bills or paying for nursing home care can be very taxing on anyone's assets. However, there are legal ways to limit your exposure to hospital, nursing home, physician, home care, and other elder care bills and to protect the assets you have worked so hard to obtain. Using careful planning, you can qualify for Medicaid benefits, a joint federal/state program. Medicaid may provide for your hospital and long-term health care (including nursing home or home care) if you are over the age of 65 and/or disabled.

To avoid or limit the financial exposure of your assets to hospital and long-term care bills, it is important to take the necessary planning steps and to do so early enough for them to be effective. New York, for example, has a five-year look-back period: the state looks back at all asset transfers up to five years before the time you enter a nursing home to determine eligibility. Waiting too long to transfer assets to your family or loved ones or to transfer assets into a trust may make it impossible to protect your assets the most effective way.

To schedule an initial consultation with attorney Leo Mikityanskiy, please call 718-256-3210. At your consultation, you can learn about and discuss your options, including a wide range of estate planning and elder law services we offer: wills, trusts and estates, powers of attorney, health care proxies, Medicaid eligibility planning, and transfer of deeds (homes and property).

If you are looking for a Russian speaking attorney in Brooklyn, Queens, or Manhattan to help your family with Estate Planning, Elder Law, or Medicaid eligibility planning, please contact attorney Leonid Mikityanskiy at our Brooklyn office at 718-256-3210.

If you are looking for an elder law attorney, please contact attorney Leonid Mikityanskiy at our Brooklyn office at 718-256-3210