Terms Of Service

NY Elder Law Group

Effective Date: June 27, 2025

1. Acceptance of Terms

By accessing and using the NY Elder Law Group website (www.nyelderlawgroup.com) and its services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

2. About NY Elder Law Group

NY Elder Law Group is a New York law firm specializing in elder law, estate planning, Medicaid planning, probate services, and related legal matters. We are located in Bellerose, Queens, NY, and have been serving clients since 1997 under the leadership of attorney Lori Somekh.

3. Legal Services and Attorney-Client Relationship

3.1 No Attorney-Client Relationship Created by Website Use

Your use of this website or submission of information through contact forms does not create an attorney-client relationship. An attorney-client relationship is only established through a signed retainer agreement after an initial consultation.

3.2 Consultation Required

All legal advice and services require an initial consultation to evaluate your specific situation. Information provided on this website is for general informational purposes only and should not be considered legal advice.

3.3 Scope of Services

Our services include but are not limited to:

• Estate planning (wills, trusts, powers of attorney)
• Elder law matters
• Medicaid planning and applications
• Long-term care planning
• Probate and estate administration
• Healthcare proxies and advance directives

4. Website Use and Content

4.1 Permitted Use

You may use our website for lawful purposes only, including:

• Learning about our services
• Accessing general legal information
• Contacting our office for consultations
• Reading our blog and educational materials

4.2 Prohibited Use

You may not:

• Use our website for any unlawful purpose
• Attempt to gain unauthorized access to our systems
• Transmit viruses or malicious code
• Copy, reproduce, or distribute our content without permission
• Use our website to solicit clients for competing legal services

4.3 Intellectual Property

All content on this website, including text, graphics, logos, and design elements, is the property of NY Elder Law Group and is protected by copyright and trademark laws.

5. Information Submitted Through Website

5.1 Confidentiality Limitations

While we take reasonable measures to protect information submitted through our website, communication via internet or email is not completely secure. Do not submit highly sensitive information through unsecured channels.

5.2 No Guarantee of Confidentiality

Information submitted through our website contact forms or email may not be protected by attorney-client privilege until a formal attorney-client relationship is established.

5.3 Conflicts of Interest

We reserve the right to decline representation if a conflict of interest exists or may arise.

6. Privacy and Data Protection

6.1 Information Collection

We collect information you provide through contact forms, consultations, and website usage analytics to improve our services and communicate with you.

6.2 Information Use

Information collected may be used to:

• Respond to your inquiries
• Schedule consultations
• Provide legal services
• Send newsletters or updates (with your consent)
• Improve our website and services

6.3 Information Sharing

We do not sell or share your personal information with third parties except:

• As required by law
• With your explicit consent
• To service providers who assist in our operations (under confidentiality agreements)

7. Disclaimers and Limitations

7.1 No Warranty

Our website and information are provided "as is" without warranties of any kind, either express or implied.

7.2 Legal Information vs. Legal Advice

Information on our website is general legal information and should not be construed as legal advice for your specific situation. Laws change frequently, and each case is unique.

7.3 Limitation of Liability

NY Elder Law Group shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our website or services.

7.4 New York Law Limitations

Our attorneys are licensed to practice law in New York State. We cannot provide legal advice regarding laws of other jurisdictions.

8. Third-Party Links and Services

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of service of these third-party sites.

9. Fees and Payment

9.1 Fee Structure

Legal fees are determined based on the complexity of your matter and will be outlined in your retainer agreement. We may charge:

• Hourly rates
• Flat fees for specific services
• Retainer fees

9.2 Payment Terms

Payment terms will be specified in your retainer agreement. We accept various forms of payment including cash, check, and credit cards.

9.3 Consultation Fees

Initial consultation fees, if any, will be disclosed when scheduling your appointment.

10. Medicaid and Government Benefits

10.1 Regulatory Compliance

All Medicaid planning and applications are subject to federal and New York State regulations, which may change without notice.

10.2 No Guarantee of Approval

We cannot guarantee approval of Medicaid applications or other government benefits, as these decisions are made by government agencies.

10.3 Look-Back Period Compliance

All asset transfers and planning strategies must comply with applicable look-back periods and regulations.

11. Termination

11.1 Termination of Website Access

We reserve the right to terminate or suspend your access to our website at any time for violation of these Terms.

11.2 Termination of Legal Services

Either party may terminate the attorney-client relationship in accordance with the terms of the retainer agreement and applicable professional rules.

12. Updates to Terms

We reserve the right to update these Terms of Service at any time. Updated terms will be posted on our website with a new effective date. Continued use of our website after changes constitutes acceptance of updated terms.

13. Governing Law and Jurisdiction

These Terms are governed by New York State law. Any disputes arising from these Terms or your use of our website shall be resolved in the courts of Queens County, New York.

14. Contact Information

If you have questions about these Terms of Service, please contact us:

NY Elder Law Group
[INSERT ADDRESS]
Bellerose, Queens, NY
Phone: (718) 740-3300
Email: lori@nyelderlawgroup.com
Website: www.nyelderlawgroup.com

15. Professional Responsibility

NY Elder Law Group is committed to maintaining the highest standards of legal practice in accordance with the New York Rules of Professional Conduct and the New York State Bar Association guidelines.

Last Updated: June 27, 2025

This Terms of Service document should be reviewed by legal counsel before implementation to ensure compliance with current laws and regulations.

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