Elder Law Case Studies:
- A client had a full-time home aid for their parent (2 aids with 12 hour shifts) who was completely disabled with dementia. After a standard assessment report was completed in February 2020, our client received a letter saying that their mom’s home care hours would be reduced. Attorney Inna Ferhsteyn helped our client win a Fair Hearing, in order to restore her client’s original home care hours in Brooklyn, NY. With the help of an attorney, our client was able to make sure that his mom’s home care hours would not be reduced, and that she would receive help from home aids 24/7.
- In April 2020, an elderly couple from Nassau County wanted to make sure that their advanced directives were taken care of, in order to prepare for the future. After meeting with attorney, Inna Fershteyn, it was suggested that her clients create a will, health care proxy, and power of attorney for both of her elderly parents. These documents would be able to assure that any medical or important decisions regarding her assets. Additionally, creating a will would assure that our clients’ assets would be distributed with their best wishes in mind.
- An elderly person from Staten Island, NY was looking to apply for Medicaid. In order to apply for Medicaid, you must meet certain criteria. One of the requirements of having Medicaid is your bank accounts must not surpass a specific amount, and our client had more money then the legal requirement to qualify for Medicaid. Attorney Inna Fershteyn advised her client to create a Pooled Income Trust, which allows people of any age to become financially eligible for public assistance benefits, such as Medicaid home care, while preserving their monthly income in trust for living expenses and supplemental needs. After executing a Pooled Income Trust in June 2020, our client was able to successfully qualify for Medicaid benefits.
- In October 2020, an elderly client residing in Brooklyn, NY was looking at ways to start Long-Term Care Planning without losing her assets. Attorney Inna Fershteyn advised her client that there are numerous ways to go about protecting their assets, while still being able to pay for a nursing home if it ever came to it. Ms. Fershteyn advised her client to create an Irrevocable Trust, which would protect their assets from nursing home bills in the case that such a transfer was made five or more years from the time one gets put in a nursing home.
- A client from Manhattan, NY was looking to apply for Medicaid benefits in December 2020, but had two properties in her name. In order to help our client apply for Medicaid, attorney Inna Fershteyn suggested that our client create a Trust and transfer her properties and other assets into a trust. After doing so, new property deeds were created transferring ownership of the properties from the client to the trust, where the beneficiaries listed in the trust would inherit the properties and other assets. In doing so, our client was successfully able to apply and receive Medicaid benefits.