Elder Law

Don’t Wait for Disaster to Plan for the Future

Published on: November 16, 2012 | by Ettinger Law Firm

Hurricane Sandy brought with it many preparedness lessons. Everyone leads a busy life, and it is easy to procrastinate on matters that do not have immediate ramifications. Update the will or drive Mom to her doctor’s appointment? No contest. Often it is only when something is barrelling down on us–like a hurricane–that we act to get certain affairs in order. Sometimes, there is simply not enough time to properly plan before disaster strikes.

For example, stories have emerged regarding the lack of planning exhibited by a nursing home in Queens, leading to suffering and chaos among residents. The New York Times recently reported on the fiasco at the long-term care facility. According to reports by several familiar with the incident–including some facility employees–the owners of the home were far from prepared for the major weather event. The facility is near the water, and in the midst of the storm, most of the first floor windows were blown out. Rising waters then seeped into the area, flooding everything. Many of the residents were upstairs at the time, and the water took out the power. At first the caregivers assumed the back-up generators would have things up and running again. They didn’t. That is because the generators were on the first floor and were swept up in the flooding. On top of that, the owners and operators of the facility had not stocked up enough food for the disaster, and the kitchen itself was on the first floor. This all meant that very vulnerable senior residents were forced to wait hours in the cold without food, water, or access to certain electronic devices they desperately needed for health and well-being purposes.

But it gets even worse.

Ensuring LTCI Fairness

Published on: October 30, 2012 | by Ettinger Law Firm

Elder law attorneys and senior care advocates frequently remind community members of the value of long-term care insurance (LTCI). The New York legal professionals at our firm advise those who we are assisting with elder law estate planning of the immense value of having this insurance in place so that family assets are not decimated in the event (often likely) that skilled nursing home or at-home care is needed down the road. There are ways to save some assets without LTCI when Medicaid is used, but the best approach is always to have the necessary insurance.

When deciding on LTCI, however, it is critical that you understand the details of the policy and act to ensure it will work as desired when necessary. In fact, with the importance of this insurance increasing, many state are getting more invovled, offering more regulations and guidelines so that community members are protected from unfair practices where LTCI is at issue. A story last week by NY Now discussed the ways that some states are hoping to iron out some “kinks” in the system.

The main concern is ensuring that policyholders actually receive full and timely payments from the providers. Of course, having an insurance claim denied or not paid quickly can lead to serious repurcussions, because familes are forced to scramble to find alternative arrangements for necessary long-term care. Even if they are eventually vindicated, the delay in insurance coverage can cause significant financial (and emotional) damage that cannot be fully recuperated. To avoid that situation, some states are implementing more streamlined appeals processes, so that those who have claims denied or delayed can press for their rights more efficiently.

Elder Caregiving By Family Members

Published on: October 12, 2012 | by Ettinger Law Firm

The acting commissioner of the Dutchess County Department of Services for Aging, Veterans and Youth penned an article this week on the toll that elder caregiving takes on family members throughout the state. The purpose of the piece was two-fold: to recognize the amazing work done by so many local residents and to remind community members of the immense benefit of planning for the elder care they will likely need down the road.

The article, published in the Poughkeepsie Journal this week, refers to the recent AARP study which found that a staggering 42% of working-age U.S. citizens provided some form of unpaid elder care, with half of all citizens expecting to do that in the coming five years. In other words, this is not an isolated concern that affects “other people.” All of us, at one time or another, will have to deal with this situation.

Sadly, as noted in the AARP Report, the effect of providing this care (averaging 20 hours per week) is often more far-reaching than many suspect. It is not uncommon for elder caregivers to face limited work flexibility, denied leave, or even termination from their own paid job as a result of the care they are providing to their senior friend or family member. All of this is on top of data which suggests that senior caregivers has negative health consequences of their own. A MET Life study on the issue found that poor health was more common among those helping senior in poor health themselves.

Bronx Nursing Home Offers One-of-a-Kind Dementia Care

Published on: October 2, 2012 | by Ettinger Law Firm

In recent years there has been a push to alter care for seniors with dementia. Most arguments about superior elder care focus on limiting medication-only treatment options. These “chemical restraints” are still overused, with seniors in many nursing homes lulled into a near-stupor as a result of antipsychotic medication. In overcrowded or understaffed long-term care facilities, these drugs are often the only way that caregivers feel that they can handle the challenges that come with dementia and Alzheimer’s care.

However, just because medication is the most common way to deal with a resident with dementia does not mean that it is the best way. In fact, many elder care advocates argue that the best care steers clear of overuse of medication and provides tailored care that focuses on the individual senior and not the cognitive disease.

What does that individual care look like? One Bronx nursing home is receiving national plaudits for its work on the issue.

Free Lunches, Legal Information, & Long-term Care Insurance

Published on: September 26, 2012 | by Ettinger Law Firm

A new book is being released entitled “The Adventures of a Free Lunch Junkie.” The author, an 86-year old retired man, wrote the interesting tome based on his goal of eating at 50 “free lunches” over the course of a year. Most of the lunches were obtained during seminars, explaining concepts like estate planning, elder law, financial planning and more. Local seniors obviously know how popular these events are for learning about issues that may affect your latter years. In fact, many clients at our firm first learned about our services after attending one of these seminars.

The author is quick to point out that the book is not an “expose” but a simple satire. It was recently summarized in a LifeHealthPro article.

The book is chalk-full of humor, often highlighting the good (and bad) of the specific meals he received. However, the author importantly notes that there was one free seminar he attended that hit home on the need to plan for senior healthcare. He notes that while he was attending many events as part of his book project, the lessons shared were not ignored. In particular, he was convinced of the immense value in having a long-term care insurance policy. The elder law attorneys at our firm often recommend LTCI as part of prudent senior planning.

Man Tries to Kill Senior Girlfriend in Nursing Home for Financial Reasons

Published on: September 25, 2012 | by Ettinger Law Firm

It is perhaps every senior’s worst nightmare: a dispute over their finances influences the care they receive in their later years. It seems self-evident that nothing should get in the way of making medical and caregiving decisions based on maximizing a senior’s quality of life–not maximizing an inheritance for others once a senior passes on. Unfortunately, case after case demonstrates that some elderly community members suffer in their later years unnecessarily for financial reasons–not because they cannot afford proper care but because other want their money.

This confluence of elder law and estate planning was perhaps most vividly illustrated by a case discussed this week in SF Gate.

According to the story, a 63-year old woman was staying at a local care center because she was not able to care for herself at home. The details of her family situation are not known, however, she had been dating a 67-year old man for the past three years. Unfortunately, the boyfriend appears to have been motivated in the relationship mostly by the way that it could benefit him financially.

Can Doctors Protect Retirees from Fraud?

Published on: September 11, 2012 | by Ettinger Law Firm

As more and more information emerges about the true scope of senior financial exploitation, senior care advocates are leaving no stone unturned when it comes to tackling the problem. The latest statistics from MetLife suggest that, amazingly, one out of every five seniors over 65 years old have already be victimized financially in some way. At a general level it seems that prevention can take three forms: better educate seniors to stop it, better educate interested third parties to identify problems, and improve law enforcement efforts to catch wrongdoers.

Ensuring seniors are able to spot scams themselves seems like an obvious way to cut the problem significantly. However, that comes with many challenges, because the entire issue is rooted in seniors inherent vulnerability. Those with early stages of Alzheimer’s and other dementias are often the most at risk of being taken advantage of. For that reason, many suspect that intervention of third parties, like elder law attorneys and financial professionals, is crucial.

New Advocate to Prevent New York Elder Fraud

The Connection Between Senior Lifestyle and Longevity

Published on: September 5, 2012 | by Ettinger Law Firm

Aging in place is almost always preferable to being forced to move into a long-term care facility. New York City elder law estate planning attorneys work with residents to ensure they are able to stay in their own homes as long as possible. Yet, it is a mistake to simplify the aging process as merely an effort to live on one’s own indefinitely. Research continues to pour out examining the range of lifestyle issues that affect seniors. The studies are important to consider in the broader context of planning to not only live, but thrive, in one’s golden years.

For example, last week MedPage Today profiled a new study on longevity and maintaining an active lifestyle. Published by the BMJ Group (full study here), the researchers found that those who were over 85 years old lived, on average, 4 extra years if they maintained an active lifestyle. Physical activity was found to be the best indicator of longevity when other factors were held constant, like smoking and weight.

Social interactions were also found to be pivotal in longevity. This is one of many reasons why New York elder law attorneys urge nursing home decisions to be based on proximity so that family visits can be frequent. The BMJ study found that those with a rich social network, were married, or had frequent contact with relatives lived a few years longer on average when all other factors were held constant.

Bringing in a Third-Party to Resolve Eldercare Disputes

Published on: August 30, 2012 | by Ettinger Law Firm

Elder care encompasses a wide-range of issues, from day-to-day lifestyle concerns to potential long-term care moves. The issues progress over time for most families. They begin with family questions about whether a senior should continue driving, for example, and advance to consideration of moving into an assisted-living home or even a skilled nursing facility is prudent.

One common theme in all of these issues is disagreement. For example, several adult children may disagree as to whether a senior should pursue alternative living arrangements or whether funds should be spent on at-home care. Or perhaps all the children are in agreement but the parent is steadfast in their belief that they do not need extra help. The problem is usually more pressing when the senior is suffering from any form of cognitive challenges–like Alzheimer’s or other dementias.

Fortunately, more and more families are coming to appreciate the crucial role that a third-party can play in these situations. New York elder law attorneys often provide critical information which settle issues concerning caregiving, living arrangements, estate planning, inheritances, and similar facets of the aging process.

Federal Report: Key Indicators of Well-Being for Older Americans

Published on: August 23, 2012 | by Ettinger Law Firm

There is a misconception that New York elder law estate planning is all about money. While finances are obviously central to this field, at the end of the day the main concerns are long-term well being. That is particularly true in the context of elder law. Ensuring adequate resources for long-term care is important but only insofar as those resources can be used to ensure one’s golden years are filled with happiness, contentment, and an ability to thrive as a human being.

In that way it is important to keep a focus on the overall factors that contribute to well-being in the senior population. One helpful, comprehensive report on this subject was recently released by the Federal Interagency Forum on Aging-Related Statistics. A full copy of the research findings can be found Here.

The authors summarized the effort as one based on the notion that “it has become increasingly important for policymakers and the general public to have an accessible, easy-to-understand portrait of how older Americans fare.”