Elder Law

AARP Comment on Upcoming State of the State Address

Published on: January 8, 2014 | by Ettinger Law Firm

Today, New York Governor Andrew Cuomo will deliver his 2014 “State of the State” address. Just like the more well-known “State of the Union” address that President Obama will deliver later this month,the purpose of the event is for the Governor to lay out his vision for the upcoming year. It is intended to be a starting point in policymaking, usually outlining the issues that the Governor will attempt to advance within the state legislature in the upcoming session.

Earlier this week, the New York State AARP Director, Beth Finkel released a statement sharing information about what the advocacy organization hoped to hear included within the address. In particular, the statement discusses the policy issues that are likely to affect older New Yorkers. Considering the critical role that state policy has on so many elder law issues, from New York Medicaid to nursing home quality, the issues to be addressed her should be on the radar of most New York families.

Relevant New York Policy Issues

New York Nursing Homes Receive Failing Grade

Published on: January 3, 2014 | by Ettinger Law Firm

Senior citizens rely on experienced and trusted assisted living facilities to provide premier living conditions staffed with professional associates to provide the best medical and personal elder care. More than one-and-a-half million Americans live in nursing homes throughout the country, so that makes for many in search of quality assisted living. Over the next decade the number is expected to swell by as much as 40% as the baby boomers approach retirement. A report shows that many states, including New York, received a failing grade on its nursing home report card, alarming to elder law advocates.

Families for Better Care, a Florida-based nursing home resident advocacy group, released the report, which scored, ranked, and graded states on eight different federal quality measures. The report served the purpose applauding those states that provide good care while exposing, and motivating, those states with poor scores. The nursing home report card analyzes, compares and ranks state’s nursing home quality.

The report gave each state a final grade based on calculating the average grades in several areas of assisted living conditions, including:

Don’t Let Qualifying for Medicaid Force You Into Poverty

Published on: December 26, 2013 | by Ettinger Law Firm

If a New York senior is in immediate need of close, skilled, long-term care and lacks the resources to pay the (quite high) fees for such care are out of pocket, then the only recourse is usually the New York Medicaid system.

But far too many residents fail to appreciate the basic details of this system until they are confronted with the reality head-on. Most notably, Medicaid, unlike Medicare, is based on need–not age. Therefore, the only way to qualify is to have a set asset level that falls below a certain threshold. Many families who have spent a lifetime saving and investing in their home have assets above that threshold. Therefore they are forced to spend down their resources in order to qualify for needed Medicaid support.

A New York Times story from last month discussed how many elderly couples in the past were essentially forced into poverty in order to receive Medicaid help. One story from the 1980s is shared involving a couple who were married for 45 years before divorcing in the mid-1980s. The divorce was not pursued because the couple had fallen out of love, but because it was the only way to avoid the healthier partner from being forced into poverty to ensure the couple qualified for Medicaid.

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