If you are an older adult in New York, understanding how elder law can help protect your independence, assets, and government benefits as you age is essential. By working with an elder law attorney on Long Island, you can plan effectively for the future and reduce the stress you and your family experience.
Contact Futterman Lanza, LLP, for a free consultation with our experienced lawyers. During your initial consultation, we’ll walk you through how our elder law firm can help you achieve your goals and answer any questions you have. We’re pleased to serve clients throughout Suffolk and Nassau counties, including Smithtown, Melville, and Garden City.
Elder law is a focused area of law that provides a range of legal services tailored to meet the needs of aging individuals and their families in Nassau and Suffolk counties. Some of the elder law services our law office provides include:
A power of attorney is a legal document that gives a trusted individual the authority to make decisions on your behalf. There are that grant authority in specific areas of your life, including healthcare and financial powers of attorney.
Most Powers of attorney become effective immediately upon execution. The principal (you) appoints an agent to make decisions for you in case you can no longer make these decisions for yourself. If you become sick and cannot handle your own finances, the agent(s) you appointed can make financial decisions on your behalf (i.e. pay bills, sell real property, transfer assets).
A health care proxy is a legal document that names an agent to make medical decisions on your behalf. This document becomes effective when you are no longer capable of making or communicating your own health care wishes due to illness, injury, or incapacity.
Your health care proxy can make decisions about treatments, procedures, and other medical care based on their understanding of your values and preferences. It is important to choose someone you trust and to discuss your wishes with them in advance.
A living will is a legal document that allows you to specify in advance what types of medical treatment you do or do not want to receive if you become terminally ill or permanently unconscious and unable to communicate. It typically addresses life-sustaining treatments such as artificial respiration, CPR, feeding tubes, and dialysis.
Unlike a health care proxy, which gives another person the authority to make medical decisions for you, a living will allows you to make these critical decisions yourself ahead of time. In New York, many people choose to have both a health care proxy and a living will to ensure comprehensive coverage of all potential medical situations.
Medicaid has specific income and resource levels that applicants must not exceed to maintain their eligibility. These levels change annually, but in 2025, the income limit was $21,597 for individuals 65 or older, and the resource level was $32,396.
Our lawyers can use several estate planning tools, including trusts, to help individuals and couples manage their income and resources while maintaining eligibility for the benefits they need. A comprehensive estate plan not only considers what happens to your assets after your death but also how to best use your assets while you are still alive.
When applying for Medicaid long-term care benefits in a nursing home, your financial transactions for the past five years (60 months) will be reviewed to identify any transfers of assets that could affect your eligibility. This is known as the “look-back period.”
The best way to maximize your benefits is to begin planning for Medicaid years in advance, ensuring that you meet the eligibility requirements for the entire period being considered. Our lawyers are prepared to help you plan strategically by using various legal tools to structure your assets appropriately without impacting your quality of life.
Yes, most individuals seeking Medicaid benefits can still qualify even if they own a home. Your primary residence is typically exempt from your resource limits up to a specific value set annually.
However, there are important considerations regarding home ownership and Medicaid, including estate recovery after death. Our attorneys can explain these rules in detail and help you protect your home for your heirs.
Supplemental Security Income (SSI) is for individuals 65 or older or those with a disability who have little or no income and limited resources. The income limit for receiving SSI benefits is $2,019 for individuals.
This income is calculated by adding up money earned from a job, disability benefits, unemployment, and pensions. However, some income types do not count toward your income limit, including state SSI supplement payments, SNAP benefits, and property tax refunds.
New York is one of the states with a higher income limit. When applying for SSI benefits, the Social Security Administration will determine if you are eligible under the increased limit.
The resource limits for SSI for those in Suffolk and Nassau counties are $2,000 for individuals and $3,000 for couples. Some of the most common resources that contribute to these limits are vehicles and money you have in bank accounts.
However, as with the income limits for SSI, there are exceptions to what counts toward your resource limits. These exceptions include:
Everyone can benefit from having an estate plan in place. Many people believe that estate plans are only for those with significant assets or who are reaching the end of their lives. However, this is not the case.
Anyone who has assets they wish to preserve, loved ones they want to protect, or preferences about their future care can benefit from a comprehensive estate plan. Our experienced estate planning lawyers can assist you by drafting an estate plan that helps you meet your goals and address your future needs.
Common documents included within estate plans are:
Even if you already have an estate plan in place, it’s important to review and update it periodically. You should consider updating your estate plan when:
A guardianship is the legal process of appointing someone to make decisions on behalf of an incapacitated individual who did not execute a Power of Attorney and/or Health Care Proxy before losing capacity. If your loved one is experiencing the effects of dementia, suffered a stroke, or is no longer able to care for themselves due to another medical condition, our lawyers can petition the court to appoint you as their guardian.
Many aging adults wish to avoid the need for a guardianship, which an elder law firm can assist with by creating a comprehensive estate plan that includes powers of attorney and advance directives while the individual still has capacity.
It’s never too early to contact an elder law firm on behalf of yourself or a loved one. The earlier you get in touch with a lawyer, the more options and strategies will be available to help you plan for the future.
Even if you currently feel healthy, medical emergencies can arise at any time, and their likelihood increases as we age. It’s wise to have a plan in place before an emergency occurs, so you can have peace of mind knowing that your healthcare, finances, and benefits have already been addressed.
Ideal times to contact an elder law attorney include:
Contact Futterman Lanza, LLP today for a free consultation with an experienced member of our team. Our firm serves clients in Smithtown, Melville, Garden City, and other communities in Suffolk and Nassau counties. We’ll walk you through how our firm can assist with various aspects of elder law and help you identify the specific services you need to protect your future and your family.
