Caregiving

Erie County Department of Senior Services announces Elder Law Day 2017

Published on: June 12, 2017 | by Ettinger Law Firm

The Erie County Department of Senior Services recently announced the date for its 17th annual Elder Law Day event. The program will take place from 2pm to 8pm on Thursday, June 22, at the Adam’s Mark Hotel, 120 Church St., Buffalo, New York. The event helps educates seniors and the greater public about many health, safety, and legal issues many of our beloved elders face in these modern times.

The free event will touch on such topics as Medicare, Medicare Supplemental and Managed Care plans, HMO’s, PPO’s, Part D coverage and long term care insurance to help seniors and their families make informed decisions about elder health care needs. Event Goers can also sit down with sponsors to discuss topics like Medicaid planning, estates, trusts, wills, housing, consumer, health insurance and much more.

“Elder Law Day is full of valuable information and is a great opportunity for seniors and caregivers to learn about their rights, get answers to their questions, and build a plan for the future. These events have been tremendously popular in the past and have proven to be a good way to get information into the hands of people who need it,” said Tim Hogues, Erie County Commissioner of Senior Services. “Elder Law Day brings together professionals from all around the aging spectrum to share their knowledge and actually help seniors right on the spot. I encourage seniors, caregivers, and anyone who needs the latest information on any aspect of senior life to attend.”

What is the Dead Man’s Statute?

Published on: June 2, 2017 | by Ettinger Law Firm

When someone passes away, he or she typically has the estate in order by creating a will or trust and designating an executor to oversee the dispersal of assets to named beneficiaries, ensuring a smooth process during a time of grief. However, even the wills and trusts that seem cut and dry can face legal challenges to parties claiming to have a stake in the estate and are rightfully entitled to certain assets.

Fortunately, New York and other states have laws on the books known as “dead man’s statutes” that help to exclude testimony concerning conversations between the deceased and the individual challenging the estate. The main reason to exclude such conversations as evidence from probate proceedings is to prevent purgery and the introduction of evidence that cannot otherwise be verified.

While not limited to cases involving trusts and estates, New York Surrogate Courts often find themselves hearing arguments involving the dead man’s statute. There are three-exceptions to the exclusion of testimony by interested parties under New York law. These exceptions include:

Which Court Handles Probate Cases in New York?

Published on: May 28, 2017 | by Ettinger Law Firm

Barring the creation of a trust, all estates must pass through probate court to certify the estate before assets may be disbursed to beneficiaries. In New York state, every one of the 62-counties has at least one Surrogate Court (New York and Kings Counties have two) to hear all types of matters related to decedents and their estates as well as certain types of guardianship proceedings and adoptions.

The law invests these powers to Surrogate Courts through the New York Surrogate’s Court Procedure Act (SCP). The section pertaining specifically to probate cases is NY SURR CT PRO § 201.3 and reads:

“The court shall continue to exercise full and complete general jurisdiction in law and in equity to administer justice in all matters relating to estates and the affairs of decedents, and upon the return of any process to try and determine all questions, legal or equitable, arising between any or all of the parties to any action or proceeding, or between any party and any other person having any claim or interest therein, over whom jurisdiction has been obtained as to any and all matters necessary to be determined in order to make a full, equitable and complete disposition of the matter by such order or decree as justice requires.”

Avoiding Probate when Passing on an Estate

Published on: May 3, 2017 | by Ettinger Law Firm

Executing a will or estate through probate court can be a costly, time consuming process full of surprises and complex issues. On top of that, the probate process creates a public record of the proceedings that may reveal information individuals wish to keep private, including debts, real estate holdings, and prenuptial agreement agreements.

Fortunately, New York probate law gives individuals planning their estate options to avoid this burdensome process by creating living trusts, setting up joint ownership, and various transfer agreements. However, even these options come with various challenges that can complicate what is meant to be a less stressful process.

By thinking ahead, weighing options, and speaking to an experienced estate planning attorney, individuals and couples can tailor a plan that best suits their needs and ensures their final wishes are carried out with the greatest benefit to survivors. Here are some common ways to avoid probate court in New York.

What are my Guardianship Options for my Parents?

Published on: April 26, 2017 | by Ettinger Law Firm

As our parents age, many of us begin to take on greater roles concerning basic needs like overseeing finances, medical care, and other tasks. Often times, some form of guardianship is necessary to ensure our loved one’s best interests are executed by financial institutions, hospitals, and even local governments. Even loved ones capable of handling many responsibilities themselves can use assistance from family members.

Fortunately, New York elder law gives family members the right to step in and request guardianship as well as allow competent elders the right to agree to guardianship and allow a family member to make certain decisions on their behalf. Whether you find yourself in either circumstance, an experienced and dedicated New York elder law attorney can help the process goes as smoothly as possible and your beloved elder has his or her needs met.

New York guardianship elder laws

Rights to Life Insurance Policies and Retirement Accounts

Published on: April 20, 2017 | by Ettinger Law Firm

There are many estate planning tools that should be considered when writing a will. While the obvious includable provisions are for assets and property distribution, you should also consider how you want your life insurance policy distributed as well as any retirement benefit accounts. The policies you have subscribed to and pay premiums on will administer a life insurance policy or benefits as you have provided, however, many people forget to amend these policies when they go through events such as a divorce or if they lose a loved one.

Life Insurance Policies

Failing to update life insurance policies can end up benefitting a party you no longer intend to provide for, such as a former spouse who has since remarried, or a family member or friend you have been estranged from. Thus, it is certainly a good practice to amend and update your policy after a major event or to make sure it aligns with your wishes every few years. Making reference to the life insurance policy and the intended beneficiary in your will just goes to further support your claim to show whom you wish to receive the proceeds of policy.

Property and How to Plan For It With Your Estate Attorney

Published on: April 17, 2017 | by Ettinger Law Firm

How property and assets are distributed when you pass can be a sensitive topic that many people do not like to address, in fact, more than half of Americans die without a will every year. This failure to plan for the distribution of assets and property can leave many interested parties at odds and may not reflect what your last wishes were for your legacy. Depending on what you are leaving behind, there are some considerations that must be made regarding your assets.

Depending upon the state you reside in, your property may pass subject to probate or it may pass outside due to pre-documented rights of survivorship or trust language. If you live in a community property state, which means that all property acquired by you or your spouse during the marriage, regardless of who bought it is property of the marriage, then your property will pass subject to probate court. However, passing through probate may be avoided if you have left rights of survivorship language in your will or property ownership documentation. Property is then subject to the estate tax, which may not be the main concern of dissolution, depending on the assets involved.

Additionally, a trust can be set up that will either avoid probate or will continue to be includable in your estate. If you seek to avoid probate, you can form what is called an irrevocable trust, which allows you to put your assets and property in a trust, to be held and owned by the trustee, who works to administer the trust under the governing trust and also make decisions in the best interest of the grantor and any potential beneficiaries. However, if you wish to form a trust but still seek to maintain control of your assets and property by amending or revoking the trust during your lifetime, you can form a revocable trust.

Dental Care and Old Age

Published on: April 13, 2017 | by Ettinger Law Firm

As we continue to age, there are a number of ailments that develop and health issues that we are forced to address and adapt to. While we anticipate problems such as achy joints and the occasional stiff legs, we do often forget about the continued upkeep associated with dental hygiene. Dental checkups are easy to forget about and avoid, especially when you do not feel like anything is wrong, however, as soon as something starts to ache, the check up can turn into a very expensive visit. Many elderly individuals avoid going to the dentist due to the associated fear of costs and lack of coverage.

Medicare does not provide dental care coverage for their insured beneficiaries, which leads many to either go without coverage or to retain an independent plan that could cost them more than they can afford in their budget. Millions of elderly Americans rely on Social Security and Medicaid or Medicare to support them in their old age, however, these programs continue to shrink in size and will not be able to provide for all of those soon to be retirees. Medicare does provide dental care for some chronic medical conditions such as reconstruction following an accidental injury, or extraction due to radiation exposure for neoplastic diseases of the jaw, a very specific list. Even with those exceptions, the reimbursement rate is so low that some doctors will not accept Medicare coverage in their offices because they know how difficult it becomes to get paid.
The National Center for Health Statistics has found that 20% of Americans over 65 years old have cavities that are currently going untreated, with the numbers steadily increasing with old age. With teeth becoming more brittle and procedures performed decades earlier needing maintenance, many elders find themselves in the Emergency Room due to the pain. There are a number of nonprofits however across the nation that offer free or discounted dental cleanings for elderly patients that do not have dental coverage and cannot afford it. Additionally, many universities offer discounted cleanings as well as procedures by having elderly patients be seen by their class of graduating dentists. They will offer up front costs of services as well as payment plans in an effort to avoid having the individual rack up debt.

Meals on Wheels Funding Gets Threatened

Published on: April 11, 2017 | by Ettinger Law Firm

Meals on Wheels is a government program that started in the 1950s that has assisted elderly citizens by delivering food to them when in need, either by providing the meals in the elderly individual’s home or in a community senior center. They not only provide the meal but also provide safety checks and visit with the senior, critical actions that have been shown to help elders live longer. There are over 5,000 independent organizations across America that help administer the program, and it has for decades, had much success. In order to receive funding local communities as well as the Older Americans Act help to keep the program afloat.

As the new budget is proposed, many programs are in jeopardy of being cut. One program that is may see a threat to funding is Meals on Wheels, due to the program not providing results. However, the nature of the program is not a results oriented initiative. The program services 2.4 million Americans, a number that will undoubtedly grow in the coming decades due to the large number of baby boomers beginning the retirement age. These cuts are the result of discretionary spending decisions related to the Community Development Block Grant that allocates a portion of the block grant money to elderly through Meals on Wheels. There have been numerous studies conducted that have showed the effectiveness of Meals on Wheels decreasing loneliness scores and also decreasing reliance on traditional care, while allowing elderly individuals to remain in their homes longer.

However, there are conflicting opinions about how much influence this will actually have on the institution. From financial statements released last year, only about 3% of the total funding was made from the block grant. On a local level, there is much more monetary influence, with federal funds accounting for 30% of the expenses relating to the home delivered meals. While the program’s costs and returns are currently being debated, it is evident that although it may not be the most lucrative on it’s face, Meals on Wheels can provide a number of benefits. One study even found that if there was a 1% increase in elderly individuals receiving Meals on Wheels, states would saved over $109 million, due to reductions in need for nursing home care.

The Future of Medicaid

Published on: April 7, 2017 | by Ettinger Law Firm

One of the biggest promises in the Trump candidacy was repealing Obamacare, a promise he attempted to follow through on within the first few months into his presidency. Speaker of the House, Paul Ryan, was a widely known proponent, who worked to rally votes and repeal Obamacare in order to get The American Health Care Act implemented in it’s place. While the vote was called off before a final count was made, the American Health Care Act still has some changes to make before there will be bi-partisan agreement. It is not a surprise that this program was one of the first to be reconsidered for funding, the program covers 74 million people alone.

Lawmakers were drastically divided on the topic, with those focused on public health benefits contesting the bill due to the cut in benefits that those most in need would experience, Once Obamacare was fully implemented, Medicaid programs across the nation greatly expanded, giving coverage to 11 million Americans opting for coverage under the federal program, which in turn assisted states who were not able to pay for the health care expansion for their citizens on their own. Medicaid was able to expand coverage to so many Americans by qualifying low income individuals for the program and paying through state and federal funding. Governors in Alaska, Arkansas, Colorado, Michigan, New Hampshire, Nevada, and Ohio all oppose any kind of restructuring for their Medicaid programs. Kansas and North Carolina are currently attempting to expand their Medicaid in light of the recent bill failure.

On the other side of the debate, critics of the mandatory health care system feel that it has left states and citizens ‘hooked’ on the federal government supplying funds for health care now. The states that receive federal assistance with Medicaid cannot sustain losing the funding while still providing coverage to all their citizens. While some states are starting to cover some costs associated with their Medicaid expansions, the federal government in 2017 is still covering at least 90% of the costs associated with the expansion, which is projected to continue through 2020. Critics continue to note the declining insurance provider participation in Medicaid and Obamacare services which fails to provide medical specialists.