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Winkler Kurtz LLP

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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
      • Powers of Attorney
      • Probate
      • Estate Administration
      • Wills & Trusts
      • Wills & Trusts FAQ
    • Real Estate
  • Case Results
  • Testimonials
  • Contact Us

Long Island Elder Law Lawyer

Meet JANET L. O’HANLON

Janet is a local Long Island Elder Law Lawyer that has been serving the community for over 25+ years. Her office can be found in Port Jefferson Station, NY. As she is a member of the Winkler Kurtz, LLP law firm. 

Janet O'HanlonWith a reputation for exceptional attention to detail, Janet prides herself in being responsive to every client’s individual needs in each case she handles.

Clients would describe Janet as a skilled and compassionate advocate, supportive throughout each step of the legal process. Focusing her practice in the areas of estate planning, elder law, probate, real estate transactions, and appellate practice, Janet is a strong advocate for her clients and always prioritizes their best interests in any matter.

Janet’s unique care and commitment to her clients, paired with her unsurpassed personalized service, provides individuals with the confidence and peace of mind that their specific needs will be well represented. Whether she is helping a client protect their family after death, assisting in family arrangements following an unexpected death, or guiding individuals in buying or selling their home, Janet always makes herself available to her clients for support and legal advice.

Initially admitted to the Bar in 1993, Janet is permitted to practice law in New York State and the US District Court for the Eastern District of New York. Janet participates in a number of professional associations outside of the firm, servings as a member of the New York State Bar Association, Suffolk County Bar Association and the Surrogate’s Court, Elder Law and Estate Planning committees of Suffolk County Bar Association. She also volunteers her time to the Suffolk County Pro Bono Project, a pro bono program designed to expand access to the legal system for Suffolk County residents in need.

Janet O'Hanlon, Elder Law Attorney

JANET IS NOW ACCEPTING FREE CONSULTATIONS.

FOR APPOINTMENTS – PLEASE CLICK HERE

Understanding Elder Law on Long Island

In contrast to many other populations, New Yorkers over the age of 65 often have distinct legal needs that are best served by an experienced Long Island elder law attorney. Over the course of your lifetime, you may have built up assets, and may need advice on how to best protect your wealth. You may also need counsel on how to handle the realities of aging, including qualifying for Medicaid assistance for nursing home care or setting up a health care proxy.

Elder Law

These decisions can be difficult and emotionally fraught. Unfortunately they are necessary in order to protect yourself and all that you have worked for in your life. For example, if you fail to plan, you may be forced to spend down your assets in order to pay for a nursing home.

Winkler Kurtz, LLP understands that these decisions can be challenging. We are experienced in New York elder law, including qualifying for Medicaid assistance, wills and trusts, and probate. To learn more about how we can help you, contact our office today by phone at 631-928-8000 or contact us online at any time to schedule an initial consultation.

How a Long Island Elder Law Lawyer Can Protect Your Assets

Most of us do not anticipate needing to go to a nursing home, yet as many of us live into our 80’s and beyond, this has become a reality for many New Yorkers. According to a study by the Kaiser Family Foundation, 1 in 3 people turning 65 will need care at a skilled nursing facility at some point in their lives. The same report found that the average cost of nursing home care in 2016 was $82,000 — nearly 3 times the annual income of most seniors.

In New York, the median cost of a semi-private room in a nursing home is $145,092 a year in the greater New York City area including Long Island. A home health aide costs an average of $57,204 per year in the region, while the annual cost of living in an assisted living facility is $70,992. With these high rates, it is little wonder that Medicaid is the primary payer for long-term care in the United States, covering 6 out of 10 nursing home residents.

Even so, Medicare and most private insurance will not cover long-term stays in nursing facilities. While some families have the ability to pay for nursing home costs, or have invested in long-term care insurance, others will need to rely on Medicaid. This need-based program requires participants to meet income and resource limits to be eligible.

For seniors, this typically means spending down their resources in order to qualify for Medicaid so that their nursing home care will be covered. However, there is an alternative: working with an experienced Long Island elder law attorney to protect your assets through Medicaid planning.

Medicaid has a five year “look back” period, which means that if assets are transferred for less than market value for the five years preceding an application, you may be ineligible. There are numerous complex rules regarding Medicaid eligibility for nursing home care in New York. The lawyers of Winkler Kurtz, LLP can work with you to navigate the process and safeguard your assets.

Planning for the Future

Beyond qualifying for Medicaid, an experienced Long Island elder law attorney can work to help you prepare for the next stage in your life. By working collaboratively with an elder law attorney, you can detail your wishes and put in place the legal documents that can help ensure that they are protected.

One of the most important steps that every senior should take is to consult with a lawyer about their estate plan. This can include a variety of legal documents, such as a will, trusts, and powers of attorney.

A last will and testament can ensure that your wishes are followed after death. A well-drafted will may also prevent disputes among family members. In addition, working with a Long Island elder law attorney can help you minimize taxes and avoid probate for certain assets.

Other legal tools may be used to transfer or otherwise protect your assets, such as a trust. There are different types of trusts that can be used to meet a variety of goals, such as special needs trusts to provide for adult children with disabilities.

Finally, if you are concerned about the decisions that may be made if you become incapacitated, powers of attorney and health care proxies are important documents that every senior should have. A power of attorney designates a person, known as an agent, to make decisions on your behalf. A health care proxy allows you to decide the type of life-saving procedures that you will want if you become ill, and names a person to make decisions for you if you are unable to do so.

A Long Island Elder Law Lawyer can review your family’s situation and discuss options including:

Long Island EldersThis is fairly typical work for an elder law attorney, but their roles may vary depending on what state they practice in. For example, some states will handle health care consent issues before a person becomes incapacitated, while others may require a person to be declared incompetent before they can become a ward of the state.

An elder law attorney is not always necessary for families if an estate plan or will already exists and their assistance was included in those plans. If this isn’t the case, it’s important to consult with one as soon as possible so they can make sure an elder’s wishes are followed through properly.

What questions can I ask my elder law attorney?

See here:

What kinds of cases do you typically work with?

Are those types within my family’s budget?

Do you have experience working with my local courts and judges?

How long will the process take? How many meetings or appointments will I need to attend?

An elder law attorney can be a valuable asset to your family as they navigate through the process of achieving independence for your aging loved one.

Elder law attorneys work with families to help an elder retain their autonomy while still receiving the care they need. An attorney will conduct a comprehensive review of your family’s situation, discuss options and prepare necessary documents so your family can move forward with peace of mind.

An elder law attorney is not always necessary for families if an estate plan or will already exists and their assistance was included in those plans. If this isn’t the case, it’s important to consult with one as soon as possible so they can make sure an elder’s wishes are followed through properly.

Other Questions you can ask your elder law attorney include:

What types of cases do you typically work with?

Are those types within my family’s budget?

Do you have experience working with local courts and judges?

How long will the process take, and how many meetings or appointments will I need to attend?

How a Long Island Elder Law Lawyer Can Help

Preparing for what lies ahead is a savvy decision for New York seniors. From protecting your assets to helping you lay out your wishes in the event of your death or disability, a Long Island elder law attorney can counsel you on how to achieve your goals for this next phase of life.

Since 1987, Winkler Kurtz, LLP has helped clients throughout Long Island with their elder law needs. Based in Port Jefferson, we offer a range of services, including estate planning and asset protection. Contact our office today at 631-928-8000 or contact us online to schedule an initial consultation.

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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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