If you have a beloved elder who currently needs or will eventually need long term, in-home health care, you need to know about new changes to federal labor laws that may not only raise the cost of these services but potentially alter quality aspects. In addition to federal labor and…
Articles Posted in fishkill elder law
Budget Cuts in Boston
The new year has brought a number of changes to our healthcare system and is projected to make many more in the coming months. In an effort to control the state budget, many lawmakers are attempting to find ways in which to decrease spending in order to get out of…
Medical Devices and Infection
Recent Recalls Open heart surgery has saved the lives of thousands of patients across America, as well as the world. Performing this task takes a highly skilled team of doctors well equipped with the right medical devices to assist them. All of these tools require FDA approval and specific cleaning…
Fiduciary Duties & The New Rule for Financial Advisors
The New Rule When consulting a financial advisor, we all assume that they would have our best interest in mind when determining where our portfolio should be invested and what investments best suit our interests, however, this has not always been the case. This year, the Labor Department issued new…
The Right to Die: New York’s Medical Aid in Dying Act
Nationwide The Death with Dignity Act gained national attention when it Brittany Maynard, a 29 year old woman suffering from an incurable brain tumor, chose to end her life with the help of a lethal dose of medication. Since then, a national debate has resurfaced about terminally ill patient’s ability…
Back to the Basics – What is a Bequest?
When writing a will, many people seek to ensure that certain people in their lives get specific things, such as a family heirloom necklace, property, or an allotted amount of money. The gifting of property or assets to a certain person through the provisions of your will is called…
Elders Right to Live in the Community
In 1999, the United States Supreme Court ruled in Olmstead v. L.C. that, consistent with the Americans with Disabilities Act, individuals with mental disabilities have a right to live within their community as opposed to an institution, if professionals have determined that the patient’s ability to adapt and live in…
HOW DOES THE DEATH OF A SPOUSE AFFECT MEDICAID ELIGIBILITY
NEED FOR UPDATED ESTATE PLANNING WHEN ONE SPOUSE GOES INTO NURSING HOME When one spouse goes into a nursing home, there is a good chance that he/she is using to pay for their care. That means that the community spouse will have to live survive on certain income thresholds determined by…
HOME CARE SERVICES IN NEW YORK STATE
IN HOME PERSONAL ASSISTANTS If you already have New York Medicaid you may be eligible for managed long term care or in home care by a licensed Managed Long Term Care Agency (often simply referred to as MLTC). The animating thought is to ensure that older adults can remain in…
ADULT PROTECTIVE SERVICES VOLUNTARY DRAFT GUIDELINES
UNIFORMITY OF LAWS Many laws across the country are the result of non-profit civic minded legal entities. The American Legal Institute is perhaps the most well known of these groups. Not all laws are “laws” in the traditional sense. Some are written by these legal entities and the various states…