Common Questions to Ask Your New York Elder Law Attorney

It is unquestionably preferable to be prepared for the future than to put off making plans until the last minute. Future planning should not be put off because it is critical that elders' needs and aspirations are fulfilled as soon as possible. This suggests that an elder care attorney will take the required steps to safeguard financial resources, make nursing home care plans, resolve Medicaid eligibility problems, and more. Ask a few questions to your elder law attorney before hiring them.

Can my loved one take legal decisions even with dementia?

It actually depends on the current state of your loved one with dementia and if, at the time of making legal decisions; your loved one has the necessary capacity. There have been some cases where individuals with advanced stages of dementia were able to sign or take important legal decisions. It is your New York elder law attorney’s responsibility to educate you about the term "incapacity" because an individual having Alzheimer's disease or dementia may still be able to make legal decisions or sign legal documents. The capacity needs for different legal documents can be different and your lawyer should be clear about these legal requirements.

What are the necessary planning documents I need?

It is imperative that everyone has these documents. For those who are suffering from dementia, these documents are more important. As per the elder law NYC attorney the documents you require are

• A particular resistant power of attorney consisting long-term care planning services and normal forms also suffice.
• Health care navigation is also known as living wills and health care proxy designations.
• The last will and testimony
• A reliable agent

What is the main threat to my financial security?

According to the New York elder law attorney, the long-term care costs are just unbearable, and probably a dangerous threat to the finances of people over 50 years. If you have dementia then you will need more care for a longer period. There are some people who do not think about or plan for the future considering the fact that they need extended care. Long-term care is evident for most people but not everyone can afford it. However, your legal representatives might be able to help you with ethical ways to protect your life savings without selling your assets. Ask your elder law attorney to secure your future care today.

What is a "ladybird deed" and do I need one?

A ladybird deed is a special type of residential real estate deed, by signing it your property automatically passes to your children or other heirs after you are gone. It does not require any additional costs, probate, and court hearings. The New York elder law attorney says that the ladybird deed enables you to own your property for the rest of your life. It will also allow you to keep your full homestead tax exemption. Furthermore, you will be able to keep your full homestead creditor protection and be able to avail Medicaid plus other programs. Apart from that, you will be able to name your beneficiaries of the property and secure their future as well.

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