Elder Law

The Challenges of Dementia Care Around the Holidays

Published on: December 24, 2013 | by Ettinger Law Firm

This time of the year generates mixed emotions for many New Yorkers. November and December are filled with many holiday celebrations, from Thanksgiving and Christmas to Hanukkah and New Years. There are work parties, gift exchanges, light displays, television specials, and more. Many local families have deep memories associated with this time of year, with fond recollections of joyous times with relatives–particularly mothers, fathers, and other older loved ones.

Yet, the happy memories are a double-edged sword. Recollections about fond times in the past may serve as a painful reminder of how things have changed in the present. This is a particularly acute situation for New York families with seniors dealing with cognitive conditions like dementia and Alzheimers. These ailments sometimes make it impossible to re-create the same holiday memories as in the past,

Caregiving Advice

Understanding Legal Capacity in New York

Published on: December 19, 2013 | by Ettinger Law Firm

New York elder law attorneys work with local families on a range of issues affecting seniors. Most notable among these is assistance arranging long-term care for seniors with physical and mental challenges. This frequently requires use of the Medicaid system, which itself comes with “spend down” requirements and other complications.

One general legal issue that comes up again and again in these cases is that of “capacity.” One must have legal capacity to enter into legal agreements and otherwise make decisions for their own well-being. But how do you know if a senior loved one has capacity? What if they have been diagnosed with Alzheimer’s or dementia? Is there a black line rule on when they can or cannot sign anything on their own behalf?

Legal Capacity in New York

Huguette Clark Estate Sues New York Hospital for Exploitation

Published on: December 5, 2013 | by Ettinger Law Firm

Just when it seemed that the years-long New York estate battle related to the heiress Huguette Clark was over, another chapter develops. Last week the NY Daily News reported on a lawsuit filed by Clark’s estate against Beth Israel hospital over claims that administrators at the facility exploited the elder Clark for the institution’s own financial gain. This comes on the heels of a final settlement in Clark’s contested Will from 2005.

Exploitation Lawsuit

According to details released in the complaint, the Clark estate is seeking upwards of $100 million from the Beth Israel Medical Center which, the estate claims, was unlawfully taken from Clark by “secluding” the heiress in the hospital for decades in an effort to extract gifts from her (on top of charging rent).

New Tech Tools Changing Elder Care

Published on: November 25, 2013 | by Ettinger Law Firm

The look and feel of elder care in the United States is changing. In the distant past, most care was provided by friends and family members at their own homes. Later, larger facilities (nursing homes) were built to provide more consistent care to all seniors, especially those without options for family support. Now, however, care is shifting back to the home. This change is pushed by many factors, including the rising costs of nursing home care and the preferences of individual seniors to avoid institutionalized living.

More Options Than Ever

One interesting driver of the change are advances in technology which offer increasing support options available to seniors living at home. A Huffington Post story explored the different ways that these tools are helping improve elder care. While some of the most advanced systems are still in the works, many simple tech tools are already being pushed out to greatly improve senior services.

Be Aware of Trust Fund Theft At Nursing Homes

Published on: November 20, 2013 | by Ettinger Law Firm

Most fears about moving into a nursing home concern abuse and neglect. After living independent lives on one’s own, it is easy to understand why seniors may wish to avoid moving into a facility where they will rely on others (strangers) for day to day aid. Unfortunately, beyond the physical, emotional, and sexual mistreatment that can occur at these facilities, there is another risk–financial theft.

Wide Scope

As the USA Today reported recently, far too many nursing home workers use their position of control to enrich themselves at the expense of the residents in their care. One of the most common crimes is stealing discreetly from nursing home controlled trust accounts. When moving into a home, many seniors have their personal savings moved into trust funds managed by the facility. Yet, without properly oversight, those funds can be raided for personal gain without anyone ever discovering the problem. Even when it is discovered, it is sometimes too late for the senior to get any money returned. According to some advocates, this is a problem that has flown under the radar too long.

Understanding “Specialty” Trusts

Published on: November 19, 2013 | by Ettinger Law Firm

Many New Yorkers remain unfamiliar with the benefit and flexibility of using trusts to plan for the future and protect assets in the present. Trusts can prove useful for all residents, including most middle class families. In our work with estate planning, we often help set up basic living trusts which help avoid probate and streamline the inheritance process. On the elder law side, Medicaid Asset Protection Trusts are used to protect assets from the “spend down” requirement needed to qualify for Medicaid and secure necessary long-term care.

Beyond those two trusts, however, there are many other options that may prove useful depending on your specific situation. A LifeHealthPro article last week discussed a few “specialty” trusts. A review of the topic is a helpful way to get an idea of the true scope of trusts and the many different ways that they may be used to carry out very specific wishes.

For example, some of the trusts mentioned in the story include:

Stepping in to Prevent Elder Self-Neglect

Published on: November 18, 2013 | by Ettinger Law Firm

Elder neglect is a concern for all New York families. When conducting long-term care planning, at the forefront of many minds is ensuring one does not end up in a poor care facility that is prone to abuse and mistreatment. With so many horror stories coming out of some nursing homes, this is a natural concern.

But believe it or not, some elder care advocates suggest that the single most prevalent problem is elder self-neglect. This refers to situations where a senior is in need of extra care for any number of daily tasks and fails to do anything about it. An Examiner story on the subject notes that, when using statistics from the Public Policy Institute of AARP, nearly fifty percent of all reported cases of neglect by be of this variety.

The Causes of Self-Neglect

Ineligible Patients Enrolled in Medicaid Program by Agency in NY

Published on: November 6, 2013 | by Ettinger Law Firm

The New York Medicaid system is the largest in the nation. As most know, Medicaid is a joint federal-state program, paid for by both entities. While federal parameters must be met, each state is free to decide upon various details of the program, including eligibility and extensiveness of support provided. New York has elected to open Medicaid to many residents with comparatively generous support.

Of course, the more expansive system comes with a high price tag. In order to ensure every dollar spent on the program is used efficiently, the state has engaged in a recent push to crack down on Medicaid fraud.

NY Visiting Nurse Service Problem

Financial Problems at NY Nursing Home, Says Comptroller’s Audit

Published on: November 5, 2013 | by Ettinger Law Firm

A common theme in recent years regarding long-term care in New York is the shuttering of county-owned public nursing homes. Historically, facilities to provide specialized care to seniors were built in different communities, with operation and ownership in the hands of local policymakers. But with financial pressures mounting, that format is changing quickly.

In the latest news on the same topic, WAMC reported earlier last month on the state audit which found that many county homes were in poor financial health. For example, the story point to the fiscal challenges faced by the facility in Saratoga County. The report notes that the county’s entire budget was in trouble because of the cost of subsidizing the home.

According to the New York State Comptroller’s audit, the county’s general fund balance was more than halved in the period from the beginning of 2010 to the end for 2012 (from nearly $25 million to just over $10 million). This massive loss of reserves was caused almost exclusively by the increased fiscal burden of the local nursing home–Maplewood Manor. In order to keep the long-term care facility in operation, the county was forced to put $13 million into the facility from reserves.

Elder Abuse Fact Sheet

Published on: October 25, 2013 | by Ettinger Law Firm

As noted several weeks ago, October is officially known as “Residents’ Rights Month” — a time to share information about the rights of seniors living in all forms of senior housing facilities. Many New York residents have heard horror stories from friends, family members, and acquaintances about inadequate care at nursing homes. This is actually a spur that leads many to take matters into their own hands, crafting an elder law estate plan to protect themselves and their loved ones.

Regardless, we can all agree that abuse of seniors is never acceptable, no matter what the setting. In the spirit of raising awareness of this problem, it is worth taking a look at an Elder Abuse Fact Sheet that was released as part of Resident’s Rights Month. With even a cursory glance it is clear that this abuse affects millions of seniors and the problem is only due to rise in the coming years.

Widespread Mistreatment