FirstCall

By Howard Nevins

Legal planning isn't just about paperwork. It's about protecting autonomy, preserving dignity, and ensuring the right people have authority to make decisions when needed.

First Call: Understanding the Legal Landscape - Who Can Help and What You Need

When families begin planning for care, conversations often start with practical questions: What kind of help is needed? Can Mom stay at home? How much will it cost? But beneath these concerns lies something just as critical: the legal foundation.

Without the right legal documents, even the best care plans can unravel. Families may find themselves unable to access bank accounts, make medical decisions, or protect assets when they're needed most. With the right guidance and preparation, these challenges are preventable.

Why Legal Planning Matters

Legal planning isn't just about paperwork. It's about protecting autonomy, preserving dignity, and ensuring the right people have authority to make decisions when needed.

When a health crisis strikes, families often discover too late that they cannot act on behalf of a loved one without proper legal authority. Bank accounts become inaccessible. Medical professionals cannot share information. Real estate transactions stall. What should be a time focused on care becomes consumed by legal obstacles and court petitions.

For Long Island families juggling care responsibilities, careers, and multiple generations, having these legal protections in place is essential.

Elder Law Attorney vs. Trust and Estate Attorney

When exploring legal planning for aging or care, families often hear two terms: elder law attorney and trust and estate attorney. Understanding the distinctions helps you find the right professional.

Trust and estate attorneys focus primarily on wealth transfer, legacy planning, and what happens to assets after death. Their work includes drafting wills, setting up trusts, minimizing estate taxes, and guiding families through probate.

Elder law attorneys take a broader approach. While they also handle wills, trusts, and estate planning, their focus extends into aging challenges, long-term care, and government benefits. They focus in Medicaid planning, long-term care financing, guardianship proceedings, Medicare and Social Security benefits, elder abuse issues, and special needs planning. Elder law attorneys don't just plan for after death—they plan for aging while living.

Can one attorney do both? Yes. Many practice in both areas, particularly on Long Island where family needs often intersect. The key is asking questions upfront: Does the attorney have Medicaid planning experience? Have they worked with families navigating nursing home transitions? Do they understand home equity and asset protection when long-term care is needed?

Essential Documents Every Family Needs

Both types of attorneys provide foundational legal documents every family should have:

Last Will and Testament – Outlines how assets are distributed after death and names guardians for minor children. Without a will, the state decides who inherits.
Revocable Living Trust – Allows assets to pass to beneficiaries without probate and provides privacy. Particularly useful for families with real estate, blended families, or significant assets.
Durable Power of Attorney – Authorizes someone to manage financial matters if you become unable to do so. Without it, families may need court-ordered guardianship, a lengthy and expensive process.
Health Care Proxy – Designates someone to make medical decisions on your behalf. This person becomes your voice in hospitals, rehabilitation facilities, and doctor's offices.
Living Will (Advance Directive) – Outlines your wishes regarding life-sustaining treatment. Relieves loved ones of guessing what you would have wanted.
HIPAA Authorization – Allows designated individuals to receive medical records and speak with healthcare providers. Without it, privacy laws can prevent family access to critical health information.

Beyond these core documents, elder law attorneys offer guidance including Medicaid planning, veterans benefits assistance, special needs trusts, and guardianship proceedings.

Getting Started

Legal planning can feel overwhelming, but taking these steps now prevents confusion and costly legal battles later.

Have the conversation with your family about care wishes, decision-making authority, and what matters most. Before meeting with an attorney, gather important documents: deeds, bank statements, insurance policies, and any existing legal documents.

Ask for referrals from friends, family, or financial advisors. Look for attorneys who focus on elder law or trust and estate planning with experience in situations similar to yours. Many offer initial consultations.

If you don't have a will, health care proxy, or power of attorney, create them now. If you do, review them to ensure they reflect your current wishes and the people named are still appropriate and willing to serve.

Once documents are in place, share them with those who need to know. Give copies of your health care proxy to your designated agent and primary care physician. Let your financial power of attorney know where documents are kept. Talk with family members about your wishes.

Review your documents every few years or after major life events: retirement, home sale, health diagnosis, or death of a spouse. Keeping documents current ensures they serve their purpose when needed.

Peace of Mind Through Planning

The legal side of care planning may not be the first thing families consider, but it's often the foundation that makes everything else possible. With the right documents in place, families can focus on what truly matters: providing compassionate care, honoring wishes, and staying connected through life's transitions.

From Manhattan to Montauk and across every community in between, families are navigating these same decisions. You don't have to do it alone. Taking time to understand the legal landscape and work with the right professionals provides peace of mind for everyone involved.

Because when the unexpected happens (and it will), the question shouldn't be, "What do we do now?" It should be, "I'm glad we planned for this."

This article is for informational purposes only. It is not intended as legal, financial, or medical advice. Readers should consult qualified professionals before making any legal or financial decisions related to care planning or estate management.

Howard Nevins is a senior care strategist and industry leader with more than two decades of experience working with home care providers and building senior care technology platforms. As the creator of "First Call," he brings a perspective shaped by both professional expertise and personal insight, bridging business, caregiving, and the human experience of aging.