Elder Law

Asset Protection

The goal of protecting assets is obvious, but the solution is often not. For seniors and their families facing long term care expenses, swift and early action is generally required to protect the family home and assets that have taken you a lifetime to accumulate. Simple transfers, without legal guidance, may result in ineligibility for needed government benefit and may be later revised through legal action by creditors. The attorneys at The Odorisi Law Firm will be able to discuss your options and potential strategies to preserve your assets within the bounds of the law. Finalizing your wills or preparing the trust may be only a phone call and a few weeks away.

Medicaid and Government Benefits

Seniors are often confused about the differences between Medicare, Medicaid, Social Security, SSI and other government benefits. Sit down with one of the attorneys at The Odorisi Law Firm to review the scope of coverage of your present benefits, and your possible entitlement to further coverage.

The eligibility and transfer rules for Medical Assistance ("Medicaid") changed dramatically in 2006, with further changes to be implemented in 2009. The attorneys at The Odorisi Law Firm can offer both advice and assistance with your Medicaid application, including completing the application, obtaining all support documentation, attending the personal interview, and handling all follow up matters necessary for coverage.

Hospital Discharge and Nursing Home Admission

Unfortunately, many seniors and their families face rushed long-term care decisions at a time when the hospital recommends discharge to a facility. Many families are unaware of the rights to appeal the Medicaid termination or a hospital discharge decision or their right to participate in the discharge committee process or in determining proper placement. The Odorisi Law Firm can assist you at this critical and generally stressful time.

Nursing homes face difficult business decisions when deciding whether or not to admit a particular resident. Once admitted, the patient generally may not be evicted or discharged for non-payment and the resident may live out his or her days at the facility. If the resident is without sufficient income or resources, and for some reason is determined ineligible for Medicaid, the nursing home may suffer great financial losses. The admission decision, therefore, is critical to both the facility and the patient.

Often Nursing Homes will ask family members, the agent appointed in the power of attorney or an adult child, to complete admission applications and to sign admission agreements. The rights of the nursing home at the time of admission are limited by law including the prohibition against requiring a guarantee as a condition of admission. Legal counsel is generally recommended prior to completing the application for admission or signing any admission agreement with a skilled nursing facility.

Other Senior Housing

In the 1980s, seniors had limited housing options, which basically included the home, hospital or nursing home. Over the past decade, the amount and type of housing has increased dramatically. The fastest growing segment of American society is those 85 years of age and over. Life expectancy in the United States continues to increase. Many seniors are living well beyond their retirement age, and often have adult children assisting them with their care and planning. With the rolling senior population, housing options are increasing substantially to include independent living, assisted-living and skilled nursing care. Any one of these senior housing options will involve a substantial investment. The involvement of The Odorisi Law Firm is essential to well informed and careful care and asset planning and decision-making.

Elder Financial Abuse

The Odorisi Law Firm has substantial experience in assisting seniors who have been the victims of financial abuse either from strangers, friends or family members. Let The Odorisi Law Firm assist you in investigating allegations of financial abuse and pursuing a meaningful remedy in a cost-effective manner.