Aging can bring important legal, financial, health care and family decisions. Some can be anticipated years in advance. Others arise suddenly after an illness, hospitalization, diagnosis or change in a loved one’s ability to live independently.
Drazen Rubin Law helps Connecticut individuals and families understand and plan for the legal issues that can accompany aging, chronic illness, disability and long-term care. Our elder law attorneys assist with Medicaid and Title XIX planning, long-term care planning, asset protection strategies, powers of attorney, advance directives, conservatorships, estate planning, Life Care Planning and related matters.
Whether you are planning for your own future or helping an aging parent or other family member, our goal is to help you understand your options and make informed decisions based on your individual circumstances.
Talk With a Connecticut Elder Law Attorney
A Connecticut elder law attorney helps older adults, people with disabilities and their families address legal and financial issues involving aging and long-term care. Elder law services may include Medicaid and Title XIX planning, asset protection, powers of attorney, advance directives, conservatorships, long-term care planning, estate planning and guidance for family caregivers.
Common areas of elder law include:
Elder law frequently overlaps with estate planning, health care planning, tax planning and long-term care planning. The appropriate strategy depends on the individual, the family, the assets involved, the type of care that may be required and applicable Connecticut and federal law.
There is no single point at which someone “needs” an elder law attorney. Some families seek advice long before care is required. Others contact an attorney after an unexpected event changes a loved one’s circumstances.
Speaking with an attorney may be worth considering when you are facing situations such as these.
Changes in mobility, memory, health or the ability to manage everyday activities can raise difficult questions about what happens next.
A family may be trying to determine whether a loved one can remain at home with assistance, move to assisted living, receive memory care or eventually require nursing home care.
Legal planning can be one part of the broader process of evaluating those choices.
Medicaid, also known as Title XIX in Connecticut, can be an important part of paying for qualifying long-term care services for eligible individuals.
Eligibility and planning rules can be complex and can depend on income, assets, transfers of property, marital status and other circumstances.
An elder law attorney can explain the rules that apply to your situation and discuss available planning options. Because Medicaid laws, regulations and program requirements can change, individualized and current advice is especially important.
Long-term care can create significant financial concerns for individuals and families.
People often have questions about their home, savings, retirement accounts and other assets when planning for future care or responding to an immediate long-term care need.
Asset protection planning is highly fact-specific. An elder law attorney can review your circumstances and discuss lawful planning strategies that may be available. No particular strategy is appropriate for every family, and planning should take place with a clear understanding of Medicaid rules, tax considerations and other legal consequences.
Dementia, Alzheimer’s disease, Parkinson’s disease, stroke, chronic illness and other conditions can affect a person’s ability to manage financial, legal or health care decisions.
Planning before capacity becomes significantly impaired may allow an individual to choose who can act on his or her behalf through documents such as a durable power of attorney and health care directives.
When appropriate documents are not in place and an individual can no longer make necessary decisions independently, a conservatorship or other court process may need to be considered.
Adult children frequently discover that simply being a son or daughter does not automatically give them legal authority to manage a parent’s finances or make every decision on a parent’s behalf.
Depending on the circumstances, tools such as powers of attorney, health care directives, trusts or conservatorship proceedings may become relevant.
The right approach depends on the individual’s capacity, existing documents and specific needs.
Sometimes caregiving begins gradually. Other times it begins after a hospitalization, fall, diagnosis or other unexpected event.
Family caregivers may suddenly find themselves coordinating medical appointments, finances, housing, benefits and long-term care while trying to understand what legal authority they have.
Elder law planning can help identify the legal issues that should be addressed while the family works through the broader care decisions ahead.
Elder law covers a wide range of planning needs. At Drazen Rubin Law, these issues are considered in the context of the individual and family rather than as isolated legal documents.
Connecticut Medicaid programs may help qualifying individuals pay for certain long-term care services.
Planning may involve reviewing assets, income, transfers, property ownership, marital circumstances and other factors that can affect eligibility.
Because Medicaid planning rules are detailed and subject to change, families should avoid relying exclusively on generalized online information when making significant financial or legal decisions.
An elder law attorney can help evaluate the rules applicable to your situation and explain the planning alternatives that may be available.
Learn More About Medicaid and Long-Term Care Planning
Long-term care planning involves more than choosing a nursing home.
Depending on an individual’s circumstances, care might be provided:
Planning can include consideration of where care may be provided, how it may be paid for, what public benefits may be available, who will be authorized to make decisions and what legal documents should be in place.
Planning earlier may provide more time to evaluate alternatives, although families already facing an immediate care need can also seek legal guidance.
Explore Long-Term Care Planning
Asset protection in the elder law context should not be viewed as a single technique or transaction.
The appropriate planning may depend on the timing of anticipated care, ownership of the home, marital status, existing estate planning documents, income, investments, prior transfers and potential Medicaid eligibility.
Drazen Rubin Law can review a client’s circumstances and discuss planning options that comply with applicable law.
The objective is not to promise that particular assets can be preserved, but to help clients understand the legal and financial consequences of the available choices.
Learn About Asset Protection Planning
When an adult can no longer manage important personal or financial matters and adequate planning documents are not available, Connecticut courts may be asked to appoint a conservator.
Conservatorship can involve significant questions about autonomy, decision-making and responsibility.
An elder law attorney can explain the process, available alternatives and the responsibilities that may accompany an appointment.
Guardianship can arise in different legal circumstances, particularly involving minors or individuals with specific disabilities, and should be evaluated based on the facts of the individual case.
Learn About Conservatorship and Guardianship
Legal documents are only one part of preparing for the challenges that can accompany aging or chronic illness.
Life Care Planning considers legal planning alongside care needs, family circumstances and the changing needs of an individual over time.
For a family helping someone through a long-term illness or increasing care needs, this broader approach can help organize legal and care-related questions within a single planning process.
Explore Life Care Planning
Elder law and estate planning frequently overlap.
Depending on an individual’s circumstances, planning may involve:
The appropriate documents depend on the individual’s goals and circumstances.
Estate planning should also be reviewed periodically because changes in family circumstances, assets, health and the law can affect an existing plan.
Explore Estate Planning ServicesFor many families, concerns about long-term care are what first lead them to an elder law attorney.
A parent may have received a diagnosis. A spouse may have been hospitalized. Someone may no longer be safe living alone. A nursing facility may be recommending a higher level of care.
The legal issues can be very different depending on when planning begins.
Individuals who are currently independent may want to consider how future incapacity or long-term care could affect their family and finances.
Planning may include reviewing:
Advance planning does not require predicting exactly what will happen. Instead, it can help establish a framework for future decisions.
Families sometimes believe they have waited too long to speak with an attorney once someone has entered assisted living or a nursing facility.
That should not automatically be assumed.
The planning options available will depend on the facts, and some strategies that might have been available earlier may no longer be appropriate. However, an elder law attorney can still review the situation, explain applicable rules and identify issues that should be addressed.
Families should avoid transferring assets or changing ownership solely for Medicaid purposes without first understanding the possible legal, tax and eligibility consequences.
Medicare, Medicaid and other public benefit programs serve different purposes and have different eligibility requirements.
The rules governing long-term care benefits can also change.
Rather than assuming that one program will pay for a particular form of care, families should evaluate the individual’s coverage, financial circumstances and care needs.
Drazen Rubin Law can help clients understand how legal planning fits into the broader long-term care picture.
Estate planning and elder law overlap, but they are not identical.
Estate planning generally focuses on how assets and decision-making should be handled during incapacity and after death. It commonly includes wills, trusts, powers of attorney, health care directives and beneficiary planning.
Elder law addresses many of those same issues while also focusing on legal concerns that commonly arise with aging, disability and long-term care. These can include Medicaid planning, public benefits, nursing home planning, conservatorships and care-related decision-making.
For many older adults, an appropriate planning strategy incorporates elements of both elder law and estate planning.
Choosing an elder law firm involves more than finding someone who can prepare a particular legal document. Elder law matters often involve multiple issues at the same time, including health, family dynamics, public benefits, long-term care and estate planning.
Steven L. Rubin and Franklin A. Drazen have earned the Certified Elder Law Attorney, or CELA, designation from the National Elder Law Foundation.
Their practices include elder law, estate planning, probate and estate administration, Title XIX/Medicaid planning and eligibility, Life Care Planning and related planning matters.
Professional credentials are one factor to consider when choosing legal counsel, but every client should select an attorney based on the needs and circumstances of the particular matter.
Long-term care challenges rarely fit neatly into one category.
A legal issue may affect finances. A financial decision may affect eligibility for benefits. A health change may require new legal authority. A caregiving arrangement may influence housing and long-term care decisions.
Drazen Rubin Law approaches elder law within that broader context, combining legal planning with consideration of the care-related issues individuals and families may face.
A will, trust or power of attorney can be an important part of a plan, but one document rarely addresses every issue associated with aging or long-term care.
The goal of elder law planning is to identify the legal issues that matter to the individual and develop a plan based on that person’s circumstances, objectives and available options.
Steven L. Rubin is a Certified Elder Law Attorney whose practice includes elder law, estate planning, probate and estate administration, Title XIX/Medicaid planning and eligibility, Life Care Planning, disability and special needs planning, trust planning and related matters.
His work with individuals and families includes helping clients evaluate legal issues that may arise as health, care needs and family responsibilities change.
View Steven L. Rubin’s Attorney ProfileFranklin A. Drazen is a Certified Elder Law Attorney whose practice includes elder law, estate planning, probate and estate administration, Title XIX/Medicaid planning and eligibility, Life Care Planning, disability and special needs planning, trust planning and related tax matters.
His background also includes an advanced law degree in taxation, allowing tax considerations to be evaluated where they are relevant to a client’s broader planning needs.
View Franklin A. Drazen’s Attorney ProfileDrazen Rubin Law assists individuals and families with elder law and related planning matters throughout Connecticut.
Our principal office is located in Milford, with an additional West Hartford location available by appointment.
Our Milford office serves individuals and families seeking assistance with elder law, estate planning, Medicaid and Title XIX planning, long-term care, conservatorships and related matters.
Having elder law counsel nearby can be particularly valuable when a family is dealing with changing care needs, financial questions and time-sensitive decisions at the same time.
Families in New Haven and communities throughout New Haven County may encounter elder law issues involving aging parents, long-term care, Medicaid, incapacity and estate planning.
Drazen Rubin Law works with Connecticut clients to identify the legal issues involved and explain the options that may be appropriate to their circumstances.
Drazen Rubin Law also assists individuals and families from Trumbull and communities throughout Fairfield County with elder law and related planning needs.
Whether the issue involves advance planning or a recent change in a loved one’s health or living situation, legal guidance can help families understand the decisions that may need to be made.
Every situation is different, but the planning process generally begins by understanding what is happening now rather than immediately recommending a particular document or strategy.
The first step is understanding the individual, the family and the reason legal guidance is being sought.
That could be advance planning for retirement and aging, or it could involve an immediate concern such as hospitalization, dementia, a nursing home admission or Medicaid eligibility.
The next step is determining which legal issues are relevant.
Depending on the circumstances, those issues could involve:
Not every family needs every type of planning.
After the relevant issues are identified, an attorney can explain potential planning alternatives, along with legal considerations and possible consequences.
The ultimate decisions belong to the client.
Legal advice should be based on the specific circumstances rather than a generic solution or strategy found online.
An elder law attorney advises older adults, individuals with disabilities and their families on legal issues involving aging, incapacity and long-term care. Depending on the circumstances, that may include Medicaid and Title XIX planning, long-term care planning, powers of attorney, health care directives, asset protection planning, conservatorship, estate planning, trusts and probate.
You do not have to wait until someone needs nursing home care. Families may seek elder law advice while an individual is healthy and independent, after a diagnosis, when care needs begin to increase or after a sudden health event. Earlier planning may allow more time to consider alternatives, but people already facing an immediate care need can also seek legal guidance.
Yes. Medicaid and Title XIX planning are common areas of elder law. An attorney can explain applicable eligibility rules, review assets and other relevant circumstances and discuss planning options that may be available under current law. Eligibility cannot be determined reliably without considering the individual’s specific facts and the rules in effect at the time.
An elder law attorney can address the legal and financial planning issues that may accompany a move to a nursing facility. Those issues may include Medicaid eligibility, payment for care, powers of attorney, asset ownership, estate planning and the legal authority of family members to assist with decision-making.
Estate planning generally focuses on wills, trusts, beneficiary planning, incapacity documents and how assets will be managed or distributed. Elder law overlaps with estate planning but also addresses issues associated with aging, disability and long-term care, such as Medicaid, public benefits, nursing home planning and conservatorship.
The appropriate documents vary, but an elder law or estate planning attorney may discuss documents such as a will, trust, durable power of attorney, health care directive and living will. Existing documents should also be reviewed periodically to determine whether they continue to reflect the individual’s wishes and circumstances.
The answer depends partly on whether valid planning documents are already in place. A durable power of attorney or other documents may authorize another person to handle certain matters. If adequate authority does not exist and the individual lacks capacity to make necessary decisions, a conservatorship proceeding may need to be considered. An attorney can review the circumstances and explain the available options.
An elder law attorney can help caregivers understand legal questions that arise while assisting an aging or disabled family member. These may involve authority to act, Medicaid and public benefits, long-term care, estate planning, asset management and conservatorship. Legal planning is one component of caregiving and may need to be coordinated with medical, financial and care-related advice from other professionals.
Elder law planning can begin long before a crisis, but families also seek help after health or care needs have already changed.
If you are planning for your own future, helping an aging parent or trying to understand the legal issues surrounding Medicaid, long-term care, incapacity or estate planning, Drazen Rubin Law can help you evaluate the legal questions involved and understand the options that may be available based on your circumstances.
Milford Office
245 Cherry Street
Milford, CT 06460
Phone: 203.877.7511
West Hartford — By Appointment Only
836 Farmington Avenue, Suite 136
West Hartford, CT 06119
The information on this page is provided for general informational purposes and is not legal advice. Laws, regulations and public benefit program requirements can change, and the application of the law depends on the facts of each matter. Reviewing this website or contacting Drazen Rubin Law does not, by itself, create an attorney-client relationship. Do not take or refrain from taking legal action based solely on general information found on this website. Consult a qualified attorney regarding your individual circumstances.
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