Elder Law

Planning for the final leg of the journey...

Elder Law is a phrase that refers to the many areas of law impacting our population as it ages. Burke & Casserly, P.C. is an Albany Elder Law Firm that can guide you and your family through the many challenging issues that arise as life’s circumstances change. Whether you have concerns over Medicaid and nursing home costs, accessing and affording care at home, decision making and autonomy for a person with diminished capacity, or hospitalization, health insurance and Medicare coverage and safe environments, we can assist you and your loved ones. The areas that we can assist you with include:

  • Long term care planning, including housing and personal care options;
  • Asset Protection strategies;
  • Crisis planning when a loved one has done no planning and is hospitalized or in rehabilitation;
  • Medicare claims and appeals;
  • Medicaid eligibility and applications;
  • Guardianships;
  • Hospital discharge;
  • Nursing home placement and admission guidance;
  • Long Term Care Insurance information and assistance;
  • Estate Planning including Health Care Proxies, Living Wills, Powers of Attorney, Last Wills and Testaments, and all forms of Trusts;
  • Special Needs Planning, including drafting and administration of Supplemental Needs Trusts;
  • Estate Administration and Probate matters;
  • Financial Planning and budgeting;
  • Tax Planning;
  • Real Estate transactions;
  • Referrals to community resources, and privately funded services; and
  • Coordination of all personal, business and financial matters with other skilled professionals.

Burke & Casserly, P.C. can also provide general information on many other areas that affect senior citizens and their families. Putting together your team of professionals to guide you through life’s changing circumstances should be a priority, and a competent and compassionate attorney is crucial to that team’s success. Through recommendations, consultations, and coordination of efforts with a person’s other professional advisors, an Elder Law attorney can guide a senior citizen and his or her family through the many challenging issues that arise as life circumstances change.

The field of Elder Law is a complex and ever changing field. Although many general practitioners claim to have knowledge of the issues facing seniors and their families, an attorney who concentrates in Elder Law is most suited for addressing those needs. It is a priority for our firm to have its attorneys and paraprofessionals remain current in the ever-changing laws.

All of Burke & Casserly’s Albany Elder Law Attorneys are members of the New York State Bar Association Elder Law and Special Needs Section. Tim Casserly is a past Chair of the Section and also a member of the National Association of Elder Law Attorneys. James Barnes serves on the Executive Committee of the section. In addition, he is currently the Chair of the Association’s Committee on Continuing Legal Education.  James is a Past-Chair of the Association’s Young Lawyers Section as well and was a co-chair of the Albany County Bar Association Elder Law Committee. Our attorneys are frequent presenters of continuing legal education seminars for the Elder Law and Special Needs Section and are active in other community education programs. As such, the attorneys at Burke & Casserly, P.C. have been and continue to be instrumental in shaping Elder Law practice in New York State, and remain at the forefront of the field. Their dedication to serving the needs of the elder community is reflected through their continued commitment to the Section. Our attorneys are also available for Speaking Engagements.

Is an Elder Law Attorney only for the Elderly?

Despite the name “Elder Law Attorney”, the services that an Elder Law attorney provides can be applicable to persons of any age. Many of the services discussed below may be needed by a younger person who faces a crisis. Disabled individuals, both minors and adults, and their families often need many of the services that an Elder Law attorney provides. A person who is suddenly faced with a serious life change due to an accident, sudden illness, or change in family circumstances may find the services of an Elder Law attorney appropriate. For example, assistance in securing governmental benefits is often needed by persons with disabilities; Guardianships are sometimes appropriate for developmentally disabled persons of any age; and estate and long term care planning might be advisable for younger persons with significant wealth. Don’t let the term Elder Law attorney fool you - Burke & Casserly, P.C. takes pride in working with persons of all ages to secure benefits needed, suggest and implement planning strategies, and to ensure that a comprehensive plan is in place for whatever circumstances may arise.

Everyone’s situation is unique, and it is impossible to discuss all of the possible planning opportunities here. As with any planning, a good way to begin is to seek competent advice form a qualified professional. At Burke & Casserly, P.C., we are dedicated to helping you find solutions to life’s perplexing problems. Please call Albany Elder Law Attorneys at (518) 452-1961 to schedule a free one-half hour initial consultation.

Learn more on our Frequently Asked Questions Page

Client Reviews
“Burke & Casserly has been our family attorney for 30 years. They have been there for all aspects of law from real estate transactions to wills and planning. Much of our family's success can be linked back to good legal advice from this firm. We highly recommend them!” Anonymous
"My wife and I have used Tim and his firm for a number of years. He has provided support in the area of elder care services for my elderly mother, our personal estate planning and real estate transactions. We have always been well served by Mr. Casserly and his staff. They are attentive to our needs, timely in their service and thorough in their efforts. We strongly recommend Tim and the firm of Burke & Casserly!" John
"Tim and his firm recently navigated our family through a difficult lawsuit during a large real estate transaction. He lead the way with conviction and tenacity. His perseverance kept us out of court leading to the eventual closing of a property that has changed the lives of many. Tim is not just a great lawyer, he is a nice guy who is easy to talk and down to earth." Carl
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