As our loved ones grow older, it is important to know the warning signs that reveal when your elderly parents may need some extra help at home. Holiday visits provide us with a good time to take an assessment of the home and any issues related to their mental or physical health.
Brian Andrew Tully, Esq., is a certified elder law attorney with more than two decades of experience. He can help you to recognize the signs of aging, and advise you on steps you can take to protect them and their assets.
A new set of Medicaid rules are set to go into effect in 2021 that could substantially affect how many New Yorkers are able to access Home Care Medicaid benefits. Applying for Medicaid is complex, but you should not have to lose your valuable assets in the process.
Brian Andrew Tully is a certified elder law attorney who has been helping people plan their estates for more than two decades. With his experience in the fields of elder law and estate planning, he can help you understand how these changes might affect you and how you can secure your future.
Earlier this year, New York passed changes to its Community Home Care Medicaid program that affects who may qualify for long-term home care benefits. This change instituted a “look-back” period and penalties that may make it harder for some people to qualify for this valuable home care Medicaid benefit. While these changes were originally set to go into effect on October 1, their implementation was delayed until January 1, 2021.
The good news is that this delay means you have more time to protect your assets and file your Community Medicaid application but you need to get started right away. The sooner you begin the Medicaid process, the less likely it is you will face penalties.
For months, New Yorkers have been preparing for drastic changes to the Community Home Care Medicaid program. However, these changes have since undergone further updates which impact your eligibility for this program. We now have two separate implementation dates for the new law: October 1 and January 1 but don’t let your guard down with the new January date as you still have to protect your assets before October 1st to avoid the new 30 month look back period!
Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with more than 22 years of experience, for a webinar about how these and other changes to the new law could affect you and your ability to pay for long term care.
Medicaid is a necessary program that provides much needed long term care services for our loved ones but it’s not without difficulty and complication. The Community based program can provide an aide to help keep your parent or spouse safe in their home for years to come and the Chronic Care program can pay the expensive nursing facility should their needs rise to that critical level.
However, Medicaid is not an easy program to apply for and the current eligibility rules and application process can make the family regret they ever asked for help. To make it even more difficult, New York State has announced sweeping changes to the Community Medicaid Program that will impact the care and financial well-being of aging New Yorkers for years to come.
Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with more than 22 years of experience, as he explains not only the benefits of NY Medicaid but also the expected trials and complications that are headed our way.
Home sweet home! Have you considered the risks that exist to the family home? For most families the home is the largest asset and certain steps must be taken to protect the home from very real challenges. For example, have you protected your home from future exorbitant long term care costs and risks? Have you considered which protection strategy offers the most flexibility and the greatest tax benefits? Are you aware of the risks of leaving the home in your own name and having your family endure the probate process which opens the door to liens, fraud, NYS estate recovery and estate litigation?
Have you taken steps to ensure that you are secure in your home for your lifetime?
Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with over 22 years of experience as he shares how your most precious asset, your home, can and should be protected from life’s risks and challenges.
An elder care crisis can bring intense difficulty and hardship to the whole family. We often see a crisis strike both the health and financial aspects of our clients and when this occurs, costs and delays will often increase and the planning options usually decrease.
When a crisis does occur, our Elder Care Coordinators will work with the children, support the spouse and advocate for the client while our experienced attorneys will do all that’s possible to protect the financial assets. If done properly, all will not be lost as there are protection strategies that we can implement to secure assets and prevent the family from spending their life savings on long term care.
Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with over 22 years of experience, as he explains the asset protection strategies that exist when a crisis strikes and also learn the important steps that need to be taken beforehand so that the family can be as prepared as possible.
Caring for a spouse or an elderly parent is difficult enough without all of the confusing legal and medical terms. Each of these acronyms refers to an important document that is meant to help you and your loved one, not overwhelm you.
What’s the difference between a Health Care Proxy and a Living Will? What is a MOLST? Do I want a DNR or a DNI or both? We hear these questions frequently and want to make sure you know the answers before a mistake is made.
Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with over 22 years of experience, as he clarifies and explains these confusing health care documents so that you can use them properly to help your loved ones.
Your time, money and privacy is precious. When you force your family through the probate process, you’re losing all three. And to add insult to injury you’re opening the door to potential identity theft, fraud, unnecessary stress and a loss of control.
The risks associated with probate can and should be avoided. Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with over 22 years of experience as he shares why and how you should plan to bypass this perilous court proceeding.
It is so important to get the right help when the need arises. If the proper planning was done, then an appointed agent will be able to step in and help with all of the confusing financial and legal issues that arise.
Over the years, we have found that the Durable Modified Power of Attorney that is both properly drafted and executed is truly the most helpful and important document – a real friend in a time of need. This necessary tool allows the person you choose to help pay your monthly bills, protect your home and income and even apply for Medicaid benefits to pay for your care.
As we age, health care issues may arise that are either “medical” or “chronic” in nature. While our medical concerns, i.e. doctors and hospitals, are covered by our health insurance or Medicare benefits our chronic and long term care needs are not. So what are families to do when Mom needs help with these long term care needs like walking, dressing and bathing? This type of care is very costly and can decimate a family’s life savings if not properly addressed and planned for.
Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with over 22 years of experience, as he shares the advantages and disadvantages of the three different ways to pay for long term care and helps you determine which is best for you and your family.
There are certain risks as we age and Asset Protection has become a necessity. If you or a loved one should need long term care, Medicaid is the program that can pay for a personal care aid within your home or even a nursing home if necessary. However, there are strict financial eligibility requirements and costly waiting periods if you delay implementing your asset protection plan. The Irrevocable Trust is the best tool we have to protect your home and assets.
Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with 22 years of experience as he simply breaks down the elements and benefits of this trust so that you can easily understand how they work, what assets they can shelter and finally determine if this planning is right for you.
As New Yorkers, we have been able to rely on the Community Home Care program to provide care for our loved ones within our own homes or assisted living facilities for years. We have been able to gain eligibility for this necessary program without a look-back period and without transfer penalties and that’s coming to an end. Beginning this fall, Medicaid applicants will have to meet heightened legal, financial and care standards in order to enroll in the long term home care program.
Join Brian Andrew Tully, Esq. a Certified Elder Law Attorney with over 22 years of experience as he shares the various ways this new law may impact your asset protection and future access to long term home care.
This pandemic has us all on edge. We’ve been forced to face our own mortality and what our futures may hold.
With all of these anxieties and unknowns weighing on our minds, one action you can take to ease those thoughts is to establish a comprehensive estate plan. Choosing someone to help with health care decision making and someone you trust to handle your financial and legal affairs are just the beginning of planning and protection in this new world. In addition, protecting your assets and your family from the long term care and public court systems has taken on a new level of importance as families struggle to access care, visit with their loved ones and endure the guardianship and probate processes. Those without the right written plan in place are faced with even more challenges during these very difficult times.
Join Brian Andrew Tully, Esq. an estate planning and elder care attorney with over 22 years of experience, as he explains the need for up-to-date and comprehensive estate planning and asset protection for individuals and families both during Covid-19 and afterwards. He will share which documents and planning strategies are essential for maximizing control, flexibility and peace of mind as well as how we are able to remotely implement your plan without you having to travel to the office.