New York End-of-Life Planning: Legal Steps To Take

Most people never think about planning for end-of-life care. However, there are benefits to medical care and estate planning while you are young and healthy. If you wait until you can no longer care for yourself, it may be too late to make decisions about your medical treatments and financial plans.

End-of-life planning can give you peace of mind, ensuring your wishes are carried out and providing for your loved ones. For more information about long-term planning, talk to a local elder law attorney.

Questions To Ask When Creating an Estate Plan

Elder law isn’t just for the elderly anymore. “The term’ elder law’ is a misnomer,” says Ellen G. Makofsky, an attorney with Makofsky Valente Law in Garden City.

“You don’t need to be old to use or require the services of an elder law attorney. Elder law is really concerned with planning for the possibility of disability and death and putting a plan in place if something should happen.”

Here are Makofsky’s four major questions to answer when making a plan:

1. Who should make medical decisions for you if you are unable to make your own?
2. Who should manage your finances (bank accounts and credit cards) if you can no longer do so?
3. What is your plan for a nursing home or assisted living if something catastrophic happens?
4. How do you ensure that your assets go to your heirs in the way you want, and in a way that protects them?

Protect Your Rights and Safety as You Get Older

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Documents To Gather for End-of-Life Planning

Robert Abrams, an elder law attorney with Abrams Fensterman in Lake Success, outlines steps to create such an estate plan. The first step is to gather the necessary, important documents, including:

1. Birth certificate
2. Social Security card
3. Marriage license
4. Divorce decree
5. Family tree
6. Life insurance policies
7. List of professionals, including your attorney, financial advisor, and accountant
8. List of passwords for email, social media, and other online accounts

Having all this information in one place, Abrams says, will help create the plan and allow family members to access your end-of-life decision-making when necessary. “You need to understand the relationship between your finances, projected longevity, personal obligations, and lifestyle.”

The term ‘elder law’ is a misnomer. You don’t need to be old to use or require the services of an elder law attorney since elder law is really concerned with planning for the possibility of disability and death and putting a plan in place if something should happen.

Are You Eligible for Medicaid?

Financial planning for long-term health care is a big issue. “Twenty-five years ago, Medicaid was clearly the de facto long-term-care insurance for older people,” says Abrams. “But now, given the eligibility rules, many people need to pay for the tremendous cost of long-term care.”

But Medicaid planning can help someone become eligible for long-term care benefits, says Peter J. Strauss, an elder law and estate planning and probate attorney with Pierro, Connor & Strauss.

New York has a Medicaid Surplus Income Program, which allows people to qualify for Medicaid if they spend their excess income on medical bills. Strauss also advises people to look into long-term care insurance while they are young so they can get a reasonable price before costs go up. As people live longer, planning for old age is increasingly important.

Care Planning When Life Changes Fast

Family structures have changed over time. Abrams says he has seen his clients’ needs change so much that he believes elder law attorneys should think differently. “You can plan, but then all of a sudden [clients] have an issue, which is why elder law attorneys need litigation skills,” says Abrams.

Periodically review legal documents such as your last will and testament, living will, living trust, durable power of attorney, or other planning documents, to keep them current. That can get expensive. However, Strauss notes, “there are organizations like NYLAG [New York Legal Assistance Group] that provide free and low-cost legal services for elderly people — as long as the elderly meet the guidelines.”

An advance directive provides for your health care decisions if you become incapacitated. This can include decisions about organ donation, palliative care, life-sustaining treatment, and do-not-resuscitate (DNR) orders. You can also designate a health care proxy to make health care decisions on your behalf.

Find an Experienced Elder Law Attorney

As Benjamin Franklin said, don’t put off until tomorrow what you can do today. Planning ahead for your final days will take the burden off your family members. For questions about funeral arrangements, healthcare directives, and making financial decisions, talk to an elder law attorney about your legal options.

Visit the Super Lawyer directory to find an experienced elder law attorney in your area.