A Closer Look At Elder Law in New York, The Common Issues It Deals With,

and Why You Might Need An Elder Law Attorney

MICHAEL ROBINSON NEW YORK ESTATE PLANNING ATTORNEY

ELDER LAW in

NEW YORK

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If estate planning is one area of the law

that few people have heard about, elder

law is an even less well-known topic. The

term “elder law” is a broad topic one that

encompasses many specific areas of the

law. The reason elder law attorneys focus

on these specific areas is because they

most often affect the lives of elderly people

and their families.

Even though elder law attorneys often

work with younger people as well, they

deal with topics that are of most concern to seniors and the elderly. Let’s take

a closer look at elder law, the common issues it deals with, and why you might

need an elder law attorney.

WHEN YOU DON’T NEED AN ELDER LAW ATTORNEY

When people, especially seniors, hear that some attorneys specialize in

elder law, they sometimes assume that these attorneys can help them with

any legal issue they’re facing. This isn’t necessarily true. Elder law attorneys

specialize in one or more areas of the law that most commonly affect

seniors, but that doesn’t mean they can elderly people with all their legal

needs.

For example, if you’re considering buying a new home or selling real estate,

your elder law attorney isn’t the first person you need to call if you have

questions about the real estate contract. A good real estate attorney is going

to be able to provide you with the advice you need in that situation.

Similarly, if you get a speeding ticket, you’ll probably need the advice of a

local criminal defense attorney and not an elder law attorney.

On the other hand, if you are facing a legal issue that people commonly face

because they are getting older, an elder law attorney is what you’re looking

for.

The term “elder law” is a

broad topic one that

encompasses many specific

areas of the law.

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WHEN YOU NEED AN ELDER LAW ATTORNEY

No two elder law lawyers have the same practice, but you can expect all

elder law attorneys to have at least some knowledge of the following subject

areas.

Age-Related Incapacity.

• As we get older our ability to care for ourselves and manage our affairs decreases. Some people can experience a rapid decline in abilities, while some people can see slow declines over time. Regardless of the reason you are becoming less able to manage your own affairs, elder law attorneys can help you protect your interests. For example, an elder law attorney can help you draft a power of attorney or living trust that will give your spouse, an adult child, or trusted advisor the legal right to manage your finances or interests on your behalf.

Health-Related Problems.

• Another common problem many people experience as they age is a decline in health. Sudden illnesses or serious illnesses can all affect your ability to make choices and make your wishes known. Elder law attorneys can help you create advance medical directives that allow you to state your medical choices while you are still capable. These directives will give guidance to your family and health care providers if you lose your ability to express yourself. Through advance directives you can also pass your decision-making ability to someone else, who can step in to make medical decisions for you if you lose capacity.

Long-Term Care.

• It’s very common for seniors to have to spend at least some time in a nursing home, assisted living home, or some other type of facility that provides long-term care to the elderly. Deciding the appropriate type of care, choosing between the available options, and ensuring that you can afford the facility you need is something with which elder law attorneys can assist.

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Estate Planning. A big part of aging is realizing that you won’t be around forever, and that once you are gone your family will still need to be taken care of. Creating an estate plan involves understanding what will happen to your affairs after you die, and how the choices you make now can make that transition much easier for your family. Whether it’s creating a will, trusts, or other instruments, estate planning is something that everyone should do as soon as they become legally capable adults.

Probate. When a family member dies, the remaining family members often have to deal with the legal reality that is the New York probate system. Probate courts, called Surrogate’s Courts in the State of New York, have the responsibility to oversee the process through which the property left behind by deceased person is transferred to new owners. This process can be laborious and difficult to manage, especially if you don’t have experience with it. Elder law attorneys often help people who are suddenly confronted with the reality of having to navigate probate.

Living Probate. New York Courts don’t just get involved after someone dies and leaves behind property in the state. They can also get involved when someone in New York loses his or her capacity to make decisions. If that person hasn’t created an incapacity plan, the court will have to determine who the appropriate person is to manage that incapacitated person’s affairs. Elder law attorneys can represent during this process.

Elder abuse. The elderly are all too often the victims of neglect, financial abuse, and other forms of elder abuse. Elderly victims also often have few people they can turn to if they’ve been abused. Helping seniors deal with situations where they’re being taken advantage of, and protecting them against potential abuse, is something elder attorneys know a lot about.

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INDIVIDUAL NEEDS DIFFER

If you are a senior citizen, someone approaching retirement age, or

someone who is worried about an elderly loved one or family member, you

need to speak to an elder law attorney about your concerns. No two

situations are identical, and relying on advice you hear from family or

friends is not a reliable way to get good legal advice. An experienced elder

law attorney is someone who can listen to your concerns, provide you with

good legal advice, and help you prepare for problems before they arise.

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About the Author

Clients notice Michael Robinson’s unique approach to his estate

planning practice the minute they walk through his office doors.

Mike has established a law practice that provides clients with a

warm, comfortable and relaxed atmosphere staffed by

professionals who believe in providing highly individualized

attention.

That’s especially important in Mike’s practice, because estate

planning is an often personal process reflecting the most

cherished hopes and dreams of his clients.

“The estate planning we do for our clients,” Mike explains, “often

represents the culmination of their life’s work. That’s why we

take a personal interest in helping them complete estate plans

that suit their needs and that address the unique circumstances

of their families.”

There’s one last difference clients often remark upon in Mike’s estate planning practice. “Because

we concentrate on estate planning exclusively, we have the focus to bring state-of-the-art, cutting-

edge estate planning techniques and strategies to a broad range of clients, no matter how diverse.”

Mike’s firm has the breadth of expertise to provide its clients with estate plans ranging from the

basic to the very sophisticated, including offshore asset protection trusts.

His office regularly conducts seminars on estate planning topics throughout the Rochester and

Finger Lakes area. Mike has also been a guest speaker on the subject of estate planning before a

variety of professional organizations.

The Law Office of Michael Robinson, P.C. 196 North Main St. PO Box 417 Naples, NY 14512 www.mrobinsonlaw.com Phone: (585) 374-5210 Fax: (585) 374-9327