Bronx Elder Law Attorney

As we age, our legal needs become more complex. Elder law is a specialized area of law focused on the unique challenges faced by older adults and their families—including healthcare decisions, long-term care, financial planning, guardianship, and estate matters. At Cavallo & Cavallo, our Bronx elder law attorneys help seniors navigate these important issues with compassion, clarity, and trusted legal guidance.

What Is Elder Law?

Elder law addresses the intersection of legal planning, aging, and healthcare. Unlike general estate planning, elder law focuses on preserving dignity, independence, and financial security as individuals face the realities of aging, disability, or declining health.

Elder law services typically include:

• Long-term care and Medicaid planning
• Asset protection and income preservation
• Advance directives and powers of attorney
• Guardianship and conservatorship proceedings
• Elder abuse prevention and response
• Special needs and disability planning
• Estate and trust planning tailored to seniors

The goal is to protect older adults while helping families prepare for the legal, financial, and healthcare decisions that come with aging.

Why Elder Law Matters

As lifespans increase and medical care advances, planning for the future is more important than ever. Elder law gives individuals and families the tools they need to stay in control—legally, financially, and medically—even in difficult situations.

Benefits of working with an elder law attorney include:

• Avoiding financial ruin from nursing home or long-term care costs
• Ensuring personal wishes are respected during incapacity
• Preventing court intervention through proper legal documents
• Protecting assets for spouses, children, and future generations
• Navigating Medicaid rules and eligibility requirements

In the Bronx, where many families live in multigenerational households and own valuable real estate, elder law planning plays a key role in preserving both family relationships and financial security.

Medicaid and Long-Term Care Planning

One of the central concerns for aging adults is how to pay for long-term care. Nursing home costs in New York can easily exceed $150,000 per year—and Medicare doesn’t cover extended stays. Medicaid can help, but qualification requires careful planning.

We help clients:

• Create irrevocable Medicaid trusts to shield assets
• Plan ahead to avoid the five-year lookback penalties
• Protect the family home from being sold to pay for care
• Separate spousal assets and income to protect the well spouse
• Navigate the Medicaid application process successfully

The earlier you begin Medicaid planning, the more options you’ll have—but even in a crisis, we can help families make informed, strategic decisions.

Powers of Attorney and Advance Directives

Elder law includes making sure that someone you trust can step in to make decisions if you’re ever unable to do so. This is accomplished through advance directives.

Essential documents include:

• Durable Power of Attorney: Appoints someone to manage your finances, pay bills, and handle legal matters if you become incapacitated.
• Health Care Proxy: Names a representative to make medical decisions on your behalf.
• Living Will: States your wishes regarding end-of-life care, such as resuscitation or artificial feeding.
• HIPAA Authorization: Allows doctors to share your medical information with designated individuals.

These tools help avoid guardianship proceedings and ensure your wishes are honored when it matters most.

Guardianship and Conservatorship

If a loved one becomes mentally or physically unable to manage their affairs and no advance directives are in place, a court may appoint a guardian. This is known as an Article 81 Guardianship under New York law.

We assist families with:

• Filing guardianship petitions in Bronx Supreme Court
• Representing parties in contested guardianship cases
• Helping manage the responsibilities of appointed guardians
• Seeking court approval for decisions involving finances or medical care

While guardianship can provide important legal protections, it is often avoidable through proper elder law planning.

Elder Abuse and Financial Exploitation

Older adults can be vulnerable to abuse—especially financial exploitation by caregivers, family members, or scam artists. Recognizing the signs and taking prompt legal action can prevent further harm.

We help protect seniors by:

• Reviewing suspicious financial transactions or document changes
• Petitioning the court to remove abusive agents or guardians
• Recovering stolen assets or misused funds
• Creating legal safeguards through trusts and co-fiduciaries
• Reporting abuse to Adult Protective Services or law enforcement

Our goal is to preserve dignity while providing legal security and peace of mind.

Special Needs and Disability Planning

Elder law also overlaps with disability and special needs planning—for both seniors and their adult children who may require long-term care or government assistance.

Tools for special needs planning include:

• First-party or third-party special needs trusts
• Pooled trusts for Medicaid recipients
• Letters of intent for caregivers and trustees
• Medicaid coordination for dual-benefit eligibility

We guide families in creating plans that secure lifelong care without jeopardizing access to vital public benefits.

Frequently Asked Questions About Elder Law

When should I start elder law planning?
Ideally, you should begin planning in your 50s or 60s—before a health crisis occurs. However, it’s never too late to start, and many clients come to us in times of urgent need.

Does elder law only apply to the elderly?
While focused on aging adults, elder law also benefits families caring for loved ones with disabilities, chronic illnesses, or special needs.

What’s the difference between estate planning and elder law?
Estate planning focuses on distributing assets after death. Elder law addresses planning during life—especially in areas like healthcare, long-term care, incapacity, and asset protection.

Can I qualify for Medicaid if I own a home?
Yes, in many cases. With proper planning, the home can be protected while still qualifying for Medicaid long-term care benefits.

Is guardianship permanent?
Not necessarily. Guardianships can be limited in scope and duration. If a person regains capacity or alternatives are established, the guardianship can be modified or terminated.

What if I suspect my parent is being financially exploited?
Act quickly. Speak with an elder law attorney to assess the situation and determine whether legal action or court intervention is needed.

Serving Throughout The Bronx

• Riverdale
• Spuyten Duyvil
• Pelham Bay
• Morris Park
• Throggs Neck
• Kingsbridge
• Woodlawn
• Parkchester
• Bedford Park
• Fordham

How Cavallo & Cavallo Can Help

At Cavallo & Cavallo, we’ve been proudly serving the elder law needs of Bronx families for over 30 years. We understand the challenges that come with aging and provide legal solutions that protect independence, honor personal wishes, and safeguard hard-earned assets.

Our elder law services include:

• Long-term care and Medicaid planning
• Powers of attorney and advance directives
• Guardianship representation and court filings
• Trust and estate planning with elder-focused strategies
• Elder abuse prevention and intervention
• Special needs and disability planning

We take a compassionate, personalized approach—ensuring that every plan reflects the client’s needs, values, and goals.

Speak to a Bronx Elder Law Attorney Today

Whether you’re planning for your own future or helping a loved one navigate aging-related issues, trusted legal guidance can make all the difference. Contact Cavallo & Cavallo to speak with an experienced Bronx elder law attorney and start building a plan that protects your family’s future with dignity and care.