Elder Law Rider

About the Elder Law Rider

The Elder Law Rider is available for $55 per year to active, dues-paying PEF members and retirees who have purchased the basic Voluntary Legal Service Plan. The Elder Law Rider may be added at any time by the covered individual however, there is no proration of the additional fee when the Elder Law Rider is added at a later date during the covered individual’s Plan year. Covered dependents under the Elder Law Rider, include: the covered individual’s parents, parents-in-law, grandparents, and grandparents-in-law.

The Elder Law Rider extends legal services in the specialized field of Elder Law to the covered individual. Elder Lawyers can advise on State law and assist in putting a health and estate plan in effect, which can maximize eligibility for coverage of nursing home and home care costs while preserving one’s estate and assets. Elder Lawyers could also be of assistance if net worth exceeds $1 million and you reside in New York State ($1.5 million in Florida) or asset structure is unusually complex. Attorneys who provide the services under the Elder Law Rider specialize in the subject of elder and health law, estate planning, wills, trusts, pre-nursing home planning, probate, and conservatorship. They are recognized as experts in the field of Elder Law and they are part of a national panel of highly respected attorneys who substantially limit their practice to Elder Law. This rider is available to help covered individuals in health and estate planning.

The Elder Law fee schedule

Elder Law Rider Key Features

Free Legal Security Package for the covered individual

One (1) package in any twelve (12) month period, consisting of a Health Care Proxy, Living Will, Durable Power of Attorney (long form), and Simple Will. All documents included, must be completed by the same covered individual. When the Elder Law Rider has been purchased, a Legal Security Package questionnaire will be included in the Plan fulfillment kit. Each document drafted in response to the completed questionnaire(s) will be prepared for the covered individual, addressing personal needs of the same individual. A covered individual who has the Elder Law Rider can purchase additional Legal Security Packages as noted in the fee table/schedule.

Elder Law consultation

An Elder Law consultation can be used to ensure the covered individual’s health care and financial wishes are carried out; to provide best health care available, including where appropriate, utilization of available government programs and resources (Medicare & Medicaid); to assist in the coordination of other community-based resources; to plan a strategy regarding estate and tax planning matters.

Elder Law consultation generally includes:

  • Financial review and analysis, including review of all assets, real and personal; how assets are held; examination of sources of income provided by assets, including pension benefits, Social Security benefits, payments from other annuities and other instruments such as trusts, contracts of sale, mortgage notes, review of all life insurance held, and more.
  • Health Care insurance review, including an analysis of existing Medicare and Medicare Supplement benefits, as well as Long-Term Care Insurance benefits.
  • Health Care analysis, including review of existing conditions, inquiry into competency, review of discharge planning and available options, where appropriate.
  • Review of current documentation, including existing wills, trusts, powers of attorney, health care proxies, and health care declarations.
  • Summary of the consultation and recommendations in letter format to the covered individual.

Complex last will & testament/testamentary trusts

Complex Wills containing the following provisions commonly utilized in Elder Law context, are available as necessary:

  • Federal Credit Shelter Trust: to preserve the unified credit of each spouse while providing for the financial care of the surviving spouse.
  • Supplemental Needs Trust: to provide for the supplemental care of the surviving spouse or children.

Living trusts

Utilized for ordinary estate planning reasons (e.g. avoiding probate), or for more complex trusts for health care planning, to insulate assets in order to take advantage of government programs. Revocable Living Trusts are utilized for ordinary estate planning purposes. Irrevocable Living Trusts are utilized in health care planning and usually involve a stream of income to the Settlor of the trust or the Settlor’s spouse with the remainder to the children, or possibly trustees of a trust created under the last will and testament of the Settlor.

Fair hearing

In the event a Medicaid application is rejected, one is entitled to a “Fair Hearing”. Representation includes appearances at hearings as required, preparation of Memorandom of Law and/or brief, if necessary; affidavits; meetings and correspondence.

Preparation of application of medical

Preparation, review, or clarification of applications for Medical Assistance, and assistance with the filing of the application.

Deeds

It may be advisable for an Elder Law attorney to prepare a deed that retains a life estate and/or special Power of Appointment designed to avoid or reduce gift tax and capital gains tax as well as to protect assets from Medicaid.

Probate or administration of estate

When a covered individual is deceased, a probate or administration proceeding may be necessary. Fees vary greatly from state-to-state so a twenty percent (20%) discount form the attorney’s standard billing amount is included.

Family court representation

To recover spousal income or defend suit against the Department of Social Services that may result from a Medicaid Lien.

How To Purchase The Elder Law Rider

You must purchase the Voluntary Legal Service Plan before you can purchase any one or all of the riders. Or, you may purchase the Voluntary Legal Service Plan and riders of your choice at the same time.

To purchase the Elder Law Rider by Visa, MasterCard or Discover:

1. Purchase online via the button below:

Buy Now

2. Or, call (800) 342-4306, ext. 243, Opt. 1, to purchase by credit card over the phone.

To purchase the Elder Law Rider by check or money order:

Download the form below and mail it along with your payment to:

PEF Membership Benefits Program
10 Airline Drive, Suite 101
Albany, NY 12205

Footnotes, Additional Details & Disclaimers

All additional correspondence, telephone communication, negotiations, and coordination with geriatric care managers or social workers are billed at hourly rates, appropriately discounted. Disbursements made on behalf of the covered individual, such as long distance telephone charges, telecopies (fax), photocopies, overweight postage, etc. are billed to the covered individual at cost. All exclusions and qualifications of the Voluntary Legal Service Plan apply to the Elder Law Rider.