NYC Elder Lawyer for Seniors

For more than 28 years, our NYC-based trust and estate planning attorney has been recognized as one of the leading authorities in Medicaid planning, dementia care planning, and long-term asset protection. With over 280 five-star reviews from New York families, our office is consistently rated among the most trusted elder law practices in Brooklyn and the greater New York City area. Our elder law attorney is regularly recognized by Super Lawyers, serves on multiple New York bar association committees, and is frequently invited to discuss Continuing Legal Education (CLE) courses on elder law, Medicaid eligibility, trusts, guardianships, and estate planning, demonstrating the high level of expertise.

Our core NYC specialties include New York Medicaid planning and Community Medicaid applications, NHTD/TBI waiver program access for dementia and Alzheimer’s clients, Article 81 guardianship proceedings, NY durable power of attorney and health care proxy planning, home care hour maximization, asset protection trusts, long-term care planning, and comprehensive dementia planning with 12/12 home care solutions. This deep NYC-focused experience ensures that every client receives guidance tailored to New York’s specific Medicaid rules, court procedures, and elder-care requirements, providing families with clarity, protection, and long-term stability.

Need Medicaid Planning or Elder Law Help in NYC? Call (718) 333-2395 to Speak With Our Attorney Today.

Planning Your Estate with an Elder Law Attorney Now Will Make the Difference Long Term.

As we get older, we come to see some obstacles that our aging family members face. Oftentimes, no one teaches you what to do when you reach your late stages of life. Healthcare, financial well-being, and long-term care are commonly thought of when considering the next steps for your aging loved ones. However, it may be overwhelming to figure out all this on your own. At times like this, it is extremely helpful to visit an elder law attorney.

But what exactly is an elder law attorney?

An elder law attorney focuses on assisting the older population and their loved ones. They focus on covering a wide variety of issues that the aging population face or will face. Going to an elder law attorney for consultation on the future and what seems to be the best for you or your family may help you gain further insight on what may be needed to better your lives. They can help evaluate your current situation as well as exploring options for the future.

Some common work elder lawyers do is:

Trusts and wills
Estate planning and probate*
Nursing home planning and long-term care
Medicare and Social Security assistance
Medicare fraud/scams
Elder abuse
Asset Protection Planning

Most elder lawyers are also esteemed at estate planning but not all estate planning lawyers are accomplished elder law attorneys so make sure to check out client reviews before hiring the best New York elder law attorney for Medicaid planning. Also, be sure to have your attorney do comprehensive asset protection planning in every State where real property is located to protect your parents or grandparents assets from the risks of nursing homes, such as abuse.

It’s also very important to check if your elder care lawyer can help you apply for community medicaid in NY, has a relationship with home care agencies in NY and can help your loved one receive home care hours with qualified home care aid paid by NY Medicaid to avoid going to a nursing home.

Our elder law attorney also specializes in dementia planning and helps with Article 81 Guardianship proceedings and with NY durable power of attorney and NY Health Care Proxy documents. With dementia planning, we help you obtain a special NHTD program that allows your loved one to get 12/12 hours of home care.

If you or a loved one is looking for guidance to put your mind at ease for the future, a consultation from an adept attorney should help. Please contact the TRUST AND ESTATE PLANNING LAW OFFICE at (718) 333-2395 to secure your road for the future today. By having an astute attorney by your side, you can save time, money and avoid getting into future legal trouble.

Elder Law in NYC: What Makes New York Planning Unique

Elder law in New York City presents unique challenges due to the structure of local courts, real estate rules, and NYC-specific Medicaid programs. Families in Brooklyn, Queens, Manhattan, the Bronx, and Staten Island face different probate timelines, Medicaid processing standards, and property regulations that can significantly affect long-term planning. For example Brooklyn Surrogate’s Court often moves more slowly because of its high volume, while Manhattan varies widely due to will contests, international heirs, and complex assets. These borough differences impact how wills, trusts, and guardianship plans should be structured.

NYC Medicaid programs including NHTD, CDPAP, and MLTC operate differently across boroughs and are subject to frequent rule changes, especially with home care assessments and eligibility. Local experience is essential to navigate these systems effectively. New York real estate adds another layer of complexity. Co-op boards often restrict transfers to irrevocable trusts and require approval when caregivers or guardians move in, while condos involve their own title and tax planning considerations. These factors directly affect asset protection and Medicaid eligibility strategies. Because these NYC-specific systems probate courts, co-ops and condos, and Medicaid programs intersect, elder law planning in New York must be handled with precision. Working with an attorney familiar with each borough’s procedures can reduce delays, protect assets, and ensure seniors receive the care they need.

What Is Elder Law Planning?

Elder law planning focuses on helping seniors and their families protect assets, secure long-term care, and ensure medical and financial decisions are handled properly. In New York City, this often means preparing Medicaid applications, creating asset protection trusts, establishing powers of attorney and health care proxies, planning for dementia-related care, and navigating guardianship proceedings when someone can no longer manage their affairs.

Unlike general estate planning, NYC elder law planning must account for borough-specific probate timelines, strict co-op transfer rules, and rapidly changing Medicaid regulations, all of which directly impact how a family should structure their trust, home-care plan, or guardianship strategy. A skilled elder law attorney ensures you receive the right care while preserving your home, income, and long-term stability.

Specific Ways an Attorney Can Assist You with Elder Law

When meeting with an elder care attorney for your initial consultation, it is important to establish a plan or a course of action that you and your attorney will take to handle your legal matters. Although each person’s legal needs are unique, there are common ways that each attorney handles certain legal matters. Here are some of the matters that our experienced elder law attorney can help you with.

Long Term Care Planning: Unfortunately, Medicare does not cover assisted-living expenses. It is up to you to make sure that you are covered in the case that you may need assistance in the future. Paying for a Nursing Home can be extremely expensive and it is very important that you consult experienced attorneys who can provide essential estate planning guidance to help protect your assets from expensive nursing home costs.
Guardianship: Guardianship gives another person legal authority to make health care decisions, financial decisions, and property management decisions for people who are unable to make those decisions for themselves under guardianship proceeding. This person must be categorized as an incapacitated person (IP). Our office can assist you with filing a petition to appoint a guardian. We can also help gather necessary documents that show that the person needing assistance is an incapacitated person and give the approved guardian consent to pay bills and prevent self-neglect of the incapacitated person.
Retirement: When approaching retirement, it is important to think about the future of your assets. The value of certain assets may decrease as time goes on, which means an individual should obtain an understanding of where they want their assets to go. Should certain assets be sold? Should certain assets be given to beneficiaries? Certain methods of asset allocation, such as a sale, may incur costs that are not immediately obvious, such as through taxes. Therefore, it is crucial to know how to protect your assets and how to best transfer those you no longer wish to own. These are all things that an elder attorney can help you figure out.
Medicaid Planning: Medicaid is a need-based medical assistance program that is administered by federal and state governments. The program is aimed at helping low-income families, the elderly, people with disabilities and individuals under other drastic circumstances to afford or have free access to necessary medication. Since, state and federal governments commonly change rules and regulations regarding Medicaid eligibility, it is advised to see a licensed Medicaid planner or an experienced Medicaid planning attorney to guide you through the process and to take care of any concerns.
Social Security: Social security benefits officially begin once you turn 62, however that does not mean that you have to immediately sign up. In fact, it is best to wait as long as you can to receive these benefits until you reach your full retirement age, which, depending on your birth year can be 66, 67 or 66 and a certain number of months. If you file for social security before you reach that age, you will reduce the amount of benefits you can receive anywhere from 6.67% to 13.34% yearly. To discuss when the best time to receive Social Security benefits are, you should meet with an elder care lawyer.

Our Elder Care Credentials

For our New York City clients, we understand that each case is unique and requires a skilled, experienced attorney able to navigate New York law and reach Client goals. Your attorney will help ensure your wishes are met and that your long-term health needs are taken care of in a legally sound manner. The Law Office of Inna Fershteyn has more reviews than any other firm & over 28 Years Of Experience Working With Clients Like You. If You Are Searching for a “Certified Elder Law Attorney,” Call (718) 333-2395 and schedule your consultation today.

How to Find a Lawyer for Elder Law Issues

If you decide to seek out an New York City elder law attorney, the first step is finding the right one for you. You should feel comfortable with whomever you hire as they are someone you will have to work with closely. When hiring a NYC elder lawyer, look at their Reviews, ask for references and understand if elder law is there core competency.

Prior to meeting with a client, most attorneys will have an initial consultation with prospective clients either on the phone or in person. This is the time for the attorney to familiarize themselves with your case. It’s also an opportunity for the client to ask questions that they may have.

Because the laws surrounding the elderly are different in each state, it is pivotal to find an elder attorney that is knowledgeable and well-versed in their field. A skillful elder law attorney should be able to alleviate your worries about your future and you should feel as if you are in good hands. Follow this link to see some actual cases that have been alleviated by elder law attorney, Inna Fershteyn.

We’ve built our reputation by being consistently strong in each of these areas. It’s best to plan ahead and to discuss the future now if nothing else for the peace of mind. Call us at (718) 333-2395 to set up an elder law Consultation.

When to Hire An Elder Law Attorney

In addition, it is also important to know that there is no right or wrong age to meet with an elder law attorney. For those in their thirties to fifties, visiting an elder lawyer may help with protecting your wealth and assets for the future. They can also have more options for you since you have the benefit of a head start. You do not necessarily have to be “old enough” to seek an attorney.

When to Hire an Elder Law Attorney in NYC (Checklist)

You should consult an elder law attorney if any of the following apply:

A loved one is developing dementia, memory loss, or cognitive decline
You need Medicaid home care or want to avoid nursing-home placement
You want to protect your home from Medicaid recovery
Probate in NYC may soon be required
You need an Article 81 Guardianship due to incapacity
You want to set up a NY irrevocable trust for long-term care planning
You need help accessing CDPAP, NHTD, or MLTC services

Real NYC Elder Law Results

Dementia Planning Case – NHTD Approval for 12/12 Home Care
A Brooklyn family came to us after their mother, recently diagnosed with dementia, was rapidly declining and unable to remain home safely. She had been denied increased home-care hours through her MLTC plan. After evaluating her needs, we shifted her application to the NHTD Waiver Program, completed the required service plan, coordinated provider assessments, and submitted supplemental medical documentation. Within weeks, she was approved for a 12/12 split shift, allowing two caregivers to alternate throughout the day. The family avoided nursing-home placement entirely.

Brooklyn Medicaid Case – Successful Spend-Down & Asset Protection
A widowed client in Midwood owned a co-op and had $180,000 in savings, putting her far above Medicaid limits. We developed a structured spend-down and asset-protection strategy, which included transferring her co-op into an irrevocable trust (after coordinating board approval), prepaying future burial costs, resolving an old lien, and accelerating certain medical expenses to meet eligibility thresholds. She was approved for Community Medicaid with home-care services, and the family home was fully protected from future Medicaid recovery claims.

Article 81 Guardianship Case – Stabilizing a Crisis Situation

A Queens family contacted us after their father, suffering from advanced Parkinson’s, began refusing medication and mismanaging finances. Utilities were being shut off and rent was unpaid. We filed an emergency Article 81 Guardianship petition, gathered medical certifications, and presented evidence of self-neglect in court. The judge appointed the client’s daughter as guardian of the person and property. Within a month, she was able to reinstate benefits, negotiate overdue bills, and secure a home-care plan that stabilized his daily living situation.

Get Trusted Elder Law Guidance for Your Family. Call (718) 333-2395 for a Consultation.

Areas Served

Our office serves New York City, including Brooklyn, Manhattan, Bronx, Queens and Staten Island. As we are licensed in New York and New Jersey, we also serve Clients in the Tri-State area including Long Island and are referred to by out of state Attorneys.

Trust vs. Will in New York (Comparison Chart)

Feature	Will	Irrevocable Trust
Goes through Probate?	Yes--in Surrogate’s court	No--avoids probate entirely
Protecting Assets from Nursing Home Costs?	No	Yes
Control Over Assets	Full control until death	Limited control, trustee manages assets
Privacy	Public court file	Private
Best For	Basic estate distribution	Mediciaid planning and Asset Protection