Elder Care Attorney in Orange County, NY


Free Initial Estate Planning Consultation

Over 30 Years of Experience

Locally Owned

(845) 219-5834

Hours:

Complete Elder Law Services

If you're looking for an elder care attorney in Orange County, NY or surrounding areas, Mark G. Aberasturi, Attorney at Law is your ideal choice. We can handle all of your elder law concerns with the utmost care and consideration. From wills to estate taxes, we're here to make sure your rights are fully protected. Our attorney focuses exclusively on estate planning, Medicaid, wills, and trusts. However, we also provide assistance with establishing a healthcare proxy and choosing a nursing home for your loved ones.


We're members of several law associations including the National Academy of Elder Law Attorneys, so with us, you can rest assured that you're receiving high-quality legal assistance. Now is the perfect time to start planning if you haven't already. It's never too soon to start and we'd be happy to help you get started.

Over 30 Years of Experience

Mark G. Aberasturi, Attorney at Law PC has over 30 years of experience. Call us today for a FREE initial consultation on all your estate planning services.

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Elder Law Frequently Asked Questions

  • What does an elder care attorney help with?

    An elder care attorney focuses on the legal, financial and planning issues that arise as individuals age. If you are searching for an elder care attorney in Orange County, NY, you are likely looking for guidance with wills, trusts, powers of attorney, health care proxies, Medicaid eligibility and estate administration. Elder law also involves long-term care planning, asset protection strategies and support for families facing sudden health changes.


    Unlike general legal services, elder law takes a broad view of how health care, public benefits and estate planning intersect. Our elder care attorney in Orange County, NY understands local procedures, court requirements and regional care resources. That local knowledge can make a meaningful difference when applying for benefits, responding to a Medicaid inquiry or coordinating with nursing facilities.


    Working with Mark G. Aberasturi, Attorney at Law means you receive guidance tailored to your personal goals. Whether you are planning early or responding to an urgent care need, our elder care attorney in Orange County, NY can help clarify your options and outline practical next steps.

  • When should I start estate planning?

    The best time to begin estate planning is before a crisis occurs. Many people assume planning is only necessary later in life, but adults of all ages benefit from having foundational documents in place. A will, durable power of attorney and health care proxy create clarity and reduce uncertainty for loved ones.


    Meeting with our elder care attorney in Orange County, NY early allows you to make thoughtful decisions rather than rushed ones. You can discuss asset distribution, guardianship for minor children if applicable, and long-term care preferences in a calm setting. Planning ahead also gives you time to consider tax implications and beneficiary designations.


    Regular reviews are equally important. Life events such as marriage, divorce, births, deaths or significant financial changes should prompt an update. An elder care attorney in Orange County, NY can help keep your documents aligned with current laws and your evolving goals.

  • What is the difference between a will and a trust?

    A will is a legal document that directs how your property should be distributed after your death. It also allows you to name an executor and, if needed, guardians for minor children. However, a will typically goes through probate, which is the court-supervised process of validating and administering an estate.


    A trust, by contrast, can hold assets during your lifetime and distribute them after death without going through probate. There are different types of trusts, including revocable living trusts and irrevocable trusts. An elder care attorney in Orange County, NY can explain whether a testamentary trust created through a will or an inter vivos trust established during your lifetime is more appropriate for your goals.


    Trusts are often used to provide ongoing management for beneficiaries, protect assets from certain risks or coordinate with Medicaid planning. Consulting with an elder care attorney in Orange County, NY helps determine which structure fits your financial picture and long-term objectives.

  • How does Medicaid eligibility work for long-term care?

    Medicaid eligibility is based on both medical and financial criteria. For long-term care coverage, applicants must demonstrate a medical need for services and meet income and asset limits set by state and federal rules. These limits can change, and the application process requires careful documentation.


    An elder care attorney reviews your financial records, evaluates assets and develops strategies designed to preserve resources while complying with the law. This may involve restructuring ownership, creating specific trusts or planning within the allowable guidelines to support a spouse remaining at home.


    Because Medicaid has a look-back period that examines prior asset transfers, early planning is often beneficial. Working with an elder care attorney in Orange County, NY can help reduce the risk of delays, denials or penalties during the application process.

  • What is a power of attorney, and why is it important?

    A durable power of attorney authorizes a trusted individual to manage financial matters on your behalf if you become unable to do so. This can include paying bills, managing investments, handling real estate transactions and addressing tax matters. Without this document, loved ones may need to seek court-appointed guardianship.


    An elder care attorney in Orange County, NY drafts powers of attorney that are tailored to your needs. The document can grant broad authority or limit powers based on your preferences. Clear language reduces confusion for banks and other institutions when the document must be used.


    Having a properly prepared document from our elder care attorney in Orange County, NY offers continuity and helps avoid unnecessary court involvement.

  • What is a health care proxy or living will?

    A health care proxy allows you to appoint someone to make medical decisions if you are unable to communicate. A living will outlines your wishes regarding life-sustaining treatment and other end-of-life care preferences. Together, these documents provide direction to doctors and relieve loved ones from guessing your intentions.


    Our elder care attorney in Orange County, NY can help you think through specific scenarios and draft clear instructions. Discussions often cover resuscitation preferences, artificial nutrition and hydration, and other critical care decisions.


    When properly prepared by an elder care attorney in Orange County, NY and shared with family members and health providers, these documents support respect for your autonomy and values.

  • How can elder law planning help protect assets from nursing home costs?

    Long-term care expenses can significantly impact lifetime savings. Planning may include strategies such as Medicaid-compliant trusts, asset reallocation between spouses or other lawful methods of restructuring resources. Each strategy must align with current regulations and personal goals.


    Our elder care attorney in Orange County, NY evaluates your circumstances and explains the advantages and limitations of each option. Planning is not one-size-fits-all; what works for one family may not be appropriate for another.


    Early preparation with an elder care attorney in Orange County, NY typically offers more flexibility and may improve the ability to preserve assets while qualifying for needed care.

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Mark G. Aberasturi, Attorney at Law P.C.

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