Elder Law Case Studies:

1. 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.
2. 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.
3. 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. NYC elder law 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.
4. 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.
5. 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.
6. A client from Brooklyn, New York came to the Law Office of Inna Fershteyn and Associates, P.C on June 14, 2021. He discussed the joint property he and his wife, who was currently residing in a nursing home, had possessed with an estimated value of over $1 million. She did not have Medicaid; her health insurance was covered by a private company. Inna helped the client create an irrevocable trust and also helped both spouses apply for Medicaid. The client’s case was taken care of in a quick and successful manner. All documents were signed with a Power of Attorney since his wife was physically unable to come into the office, leaving him to transfer and sign all documents on her behalf.
7. During the COVID–19 pandemic, an elderly client came to the Law Office of Inna Fershteyn and Associates, P.C. to create and transfer their assets into a trust. The client voiced their concerns about what the future may hold during this unpredictable time. In the event of death due to contracting COVID–19, the client wanted to be prepared. Despite the challenges the pandemic presented in regard to mailing documents back and forth, we were able to successfully create a trust for the client within two weeks.
8. A client approached the Law Office of Inna Fershteyn and Associates, P.C. representing his elderly mother as her caregiver before the case was due for a fair hearing. His mother received 24 hour home attendant services. Suddenly, healthcare services reduced her home attendant hours. Due to COVID–19 restrictions, the client’s fair hearing was held over the phone. Within one week, the attorney took the best approach to win the case and ensure the client’s mom continued to receive full–time home care.