Elder Law

older couple sitting by pond

Elder law is a highly specialized and increasingly important area of the law defined by our client’s needs and not as much by a specific area of the law. We are often asked at what age someone should seek the advice of an elder care attorney.  Based on our experience it’s never too early to plan.

Clients in their 30s, 40s and 50s need to consider long term planning to make sure they will have enough to live on when they retire.  In addition, they should consider and understand long-term care insurance and what those policies cover and pay for. Clients in their 60s are considering and planning for retirement; and clients in their 70s, 80s and 90s are faced with decisions about long term care options which may include nursing home care or assisted living.

Our goal with respect to elder law is to help you to protect your assets against the high costs associated with getting older so you can enjoy the peace of mind that comes from knowing there is a plan in place for your future.

The practice of elder law encompasses a wide range of practice areas including:

  • Understanding the difference between Medicare and Medicaid and how those differences affect each client.
  • The potential issues involved in the transfer of assets as part of long-term health care planning, including a discussion of joint assets and exempt assets.
  • A discussion of income cap issues and the preparation of an Income Cap Trust if necessary.
  • Community spouse support.
  • Guardianship and conservatorship issues –
Common Elder Law Issues


Estate Planning is the process by which people develop plans that ensure the assets they have worked hard to accumulate are protected and distributed to those they choose. Estate planning is about the future of their families or loved ones.

Estate Planning

Guardianship is the legal process by which the person and property of incapacitated persons are protected. It is important to distinguish between someone who is disabled and some one who is legally incapacitated or financially incapable.

We all require assistance with some aspect of our lives. Some people require more assistance than others. When representing a client with disabilities, we focus upon what assistance the client requires and how we can facilitate the continuation or improvement of that assistance. The mere fact that the client is disabled does not mean that the client …


Two out of three families run out of money within the first year of a prolonged nursing home stay.

So are you destined to go broke if you require long-term nursing home care? Not necessarily, we can help you to obtain assistance from Medicaid, without having to spend down all your assets. We can show you ways to protect your life savings against the high cost of nursing home care through advanced planning, or help you in a Medicaid crisis situation.

The Medicaid Mistake

The worst thing you can do is to transfer assets to loved ones without fully understanding the possible cons…

Medicaid Planning

Probate is a court-supervised process with respect to the administration of the estate of a deceased person. It specifically resolves all claims and distributes the deceased property under a valid will or the state laws of consanguinity (heirship). Probate provides for the following.

  • Protects the instructions of the deceased;
  • Confirms either an executor or administrator as the personal representative of the decedent’s estate;
  • Protects the interest of heirs and creditors of the estate;
  • Provides third persons with the necessary legal assurances rela…

Probate Attorneys

The attorneys at Novins, York & Jacobus have been answering these types of questions for more than 70 years. We can help you make the determination on what is best for you and your family.

If you die without a will, then you have died “intestate.” It may be necessary for your heirs to petition the court to open an estate so your assets and debts can be handled leaving you with no say as to how you estate will be divided.

There are a number of different kinds of trusts, and all trusts perform different functions. Some qualify you for Medicaid or keep you qualified for SSI benefit…

Wills, Trusts, and Probate


How Does a Child Become Emancipated from the Parents?

Emancipation is a legal process whereby a teenager gains independence from the parents or guardian. While sad, there are times when taking this legal action is in the teenager’s best interest. Since it’s a drastic measure, you need to seek the services of a qualified attorney when considering emancipation. If you cannot afford a lawyer, […]

Can a Nursing Home Be Held Legally Responsible if a Patient Is Sexually Assaulted?

As disturbing as it is to think of an elderly person in a nursing home being sexually assaulted, it happens all too often. The legal definition of sexual abuse entails any inappropriate and undesired sexual contact against someone 60 years of age and older. Recently, several major news outlets exposed in a series of reports […]