Elder Law

Fiftieth Anniversary Celebration For U.S. Senate Special Committee on Aging

Published on: December 20, 2011 | by Ettinger Law Firm

Each New York elder law attorney at our firm understands that maximizing the quality of life for local seniors requires both proper individual planning and common sense elder law policy proposals at the local, state, and federal levels. On the planning side, all local residents should visit with a New York elder care lawyer to prepare for disability, save taxes from Medicaid costs, and deal with similar issues. When it comes to policy, it is helpful to stay up to date with changes that are being proposed which may affect the lives of seniors. One of the key governmental bodies related to these issues is the U.S. Special Committee on Aging. This Senate committee has been at the center of all important federal elder law issues over the past half century.

Last week the National Academy of Elder Law Attorneys (NAELA) issued a special proclamation honoring the 50th Anniversary of the U.S. Special Committee on Aging. NAELA, a nationwide group of elder law attorneys, also co-sponsored an event in Washington D.C. honoring the committee’s achievements.

The Special Committee was first created in 1961 as a central national clearinghouse to discuss and deliberate on a wide range of issues that affect senior citizens. Over the years the committee has been involved in any number of senior issues, from health care problems and elder financial exploitation to retirement security and nursing home abuse. In recent years the Special Committee on Aging has led the way in passage of the Elder Justice Act, Older Americans Act, and a wide range of issues seeking to improve the care at long-term skilled nursing facilities. Last year the committee brought national attention to senior housing issues during its hearing entitled “Continuing Care, Retirement Communities: Secure Retirement or Risky Investment?” In recent years the Committee served as the center of other important debates such as during the hearings “Exploitation of Seniors: America’s Ailing Guardianship System” and “Sound Policy, Smart Solutions: Saving Money in Medicaid.”

AARP Release new “Aging in Place” Survey

Published on: December 16, 2011 | by Ettinger Law Firm

This month the AARP’s Public Policy Institute, in conjunction with the National Conference of State Legislatures, released a new report that is of direct applicability to all those concerned about their New York long-term care plans. Entitled, “Aging in Place: A State Survey of Livability Policies and Practices,” the project is focused entirely on analyzing what states are doing (or not doing) to help seniors stay in their own homes as they age. As the report authors note, the vast majority of seniors prefer to age in place, but their ability to do so is in many ways dependent on how communities are designed and senior care programs implemented. Toward that end, the report took a look at land use policies, transportation services, and housing options across to country which are helping seniors meet their goal of avoiding the need to move.

When it comes to land use, the report found it crucial to integrate necessary services with transportation planning to reduce automobile travel. If older adults can more easily walk or otherwise reach necessary support services, they will be able to live in place longer. Also found to be helpful were requirements for implementing transit-oriented development within a half mile of transit stops and joint use of community facilities for senior centers and health clinics. Similarly, increased public transportation options are important to the efforts of many seniors to stay in place. “Complete street” policies are in place in some states requiring designs which allow travelers of all ages and abilities to navigate the street. The policy institute also suggested better coordination between human service transportation agencies. The coordination allows these agencies to do more with fewer resources.

When it comes to housing, many elder care plans are created specifically to help seniors have access to preferable living situations–usually outside of the nursing home. However, the AARP report found that there is a shortfall in affordable and accessible housing for seniors, making it difficult to avoid the institutional setting. To help, the authors suggested states make use of the federal Low-Income Housing Tax Credit programs to obtain more funds to increase the affordable housing supply. Similarly, developers should be encouraged to increase accessibility by altering building standards.

Critics Share Concerns About Federal Proposals Amid Retirement Security Crisis

Published on: December 14, 2011 | by Ettinger Law Firm

The Nieman Watchdog–Harvard’s journalism faculty blog–recently published a commentary speaking to the looming “retirement crisis” and the problems with the federal government’s current approach to dealing with it. The author notes that retirement planning is not what it used to be as many workers today are “facing a grim future in which the kind of retirement plans their parents were able to take for granted is out of reach.” Our New York elder law attorneys have discussed these changing dynamics and the demand they place on thinking about long-term care plans in new ways.

The commentary notes that it is folly to presume that one will be taken care of in the future, because the growth of “defined contribution plans” (as opposed to “defined benefits plans”) means that retirement savings often hinge on the performance of the markets. It is argued that this shift has made income from private pensions smaller and less reliable than in the past. That issue, coupled with rising health care costs, places a real strain on many retirement plans.

Considering those concerns, it is perhaps surprising that federal policymakers have spent most of their time discussing cuts to Social Security, Medicare, and Medicaid. The problem also exists at the state level, as New York Medicaid planners have been forced to watch as state policymakers consider a wide range of proposals to revamp the healthcare system that so many local seniors rely on for long-term care support.

Advocates Call on Governor Cuomo to Save Senior Centers

Published on: December 8, 2011 | by Ettinger Law Firm

Last Thursday a group of elder care advocates, seniors, and local politicians held an event to raise awareness of the possible closure of area senior centers. According to a report in Staten Island Live, the gathering was specifically called to ask Governor Cuomo to refrain from making changes to state Title XX funding. The proposed changes would essentially cut roughly $25 million from the budgets of senior centers citywide. Held on the steps of City Hall, state Senator Diane Savino led the event where more than 15,000 letters were unveiled written by seniors explaining how the cuts would affect their lives. Our New York elder law attorneys are aware of the ways that many local elders rely on various support services offered at these facilities.

The Title XX funding accounts for about a third of the total financial support provided to these centers. However, the funding is discretionary and some are proposing that it be moved over to support child welfare services. If the changes are made over a hundred senior centers will be forced to close. Lillian Barrios-Paoli, the Department for the Aging Commissioner repeatedly emphasized that the lives of thousands of seniors would be made qualitatively worse if these proposals were to advance. She explained that “this is an issue that shouldn’t even be debated.”

Others are questioning why such a proposal would even be brought forward in light of the changing demographics. As we have often reported, the elderly population is the quickest growing age group nationwide. The trends are no different in our area. Baby Boomers are now beginning to retire–a trend that will last for decades. The growing senior population means that New York elder care planning needs to be conducted now in anticipation of the needs of this population. Eliminating services to this group would seem to be a step in the wrong direction. Senator Savino commented on the pressing concerns already facing seniors by noting that “we have enough things to worry about. Take this off the table.”

Governor Cuomo Warns of Potential Effects of “Super Committee” Stalemate

Published on: November 23, 2011 | by Ettinger Law Firm

All those with an eye toward New York Medicaid planning have been closely following the actions of the federal “Super Committee.” This unique federal, bipartisan committee was charged with coming up with a long-term federal deficit reduction plan totaling $1.2 trillion over 10 years. Failure to reach an agreement on any plan will trigger automatic and deep cuts to a variety of federal funding areas, including Medicaid. Considering that New York Medicaid programs are funded jointly by the federal government and state government (including local governing bodies), the Super Committee’s decision (or lack of decision) may ultimately have significant impact on local program participants.

We now know that the Super Committee has reportedly not reached an agreement. This means that the triggered cuts will likely take effect, so long as national leaders don’t reach some other agreement. This presents a troublesome situation for all those who rely on these programs for basic services; though it remains unknown exactly what effect the potential cuts will have on local residents. In a pre-emptive move, New York Governor Andrew Cuomo sent a letter to the state’s congressional delegation last week urging them to do everything in their power to prevent blanket cuts that may do much more long-term fiscal harm than good.

In the letter, reprinted in the Times Union, the Governor reminded our state’s federal delegation that the Super Committee’s actions or the resulting automatic cuts will “have a direct and significant impact on the finances and economy of the state of New York.” Recognizing the long-term viability problems caused by our current federal debt, the Governor argued that progress can be made on the debt front without taking an axe to New York Medicaid and other programs that local citizens have come to rely on.

Governor Cuomo Declares November As New York Caregiver Recognition Month

Published on: November 21, 2011 | by Ettinger Law Firm

Last week the Director of the New York State Office for the Aging held the first-ever New York Caregiving and Respite Coalition Conference. Over 120 participants attended the event, which was meant to honor all those family members across the state who provide vital services to their friends and family members in need of New York elder care or disability assistance. Literally hundreds of millions of caregiving hours are provided every year in informal settings by community members who provide anything from around the clock help to periodic aid to seniors and disabled residents. As an AARP report last month revealed, the value of the senior care services provided free of charge dwarfs the total care provided by public bodies, usually via Medicaid. Specifically, the report found that New York coffers alone are saved $3.2 billion because of the work of these friends and family members.

Recognizing the sacrifices made by so many family members was at the heart of Governor Andrew Cuomo’s issuance of a proclamation declaring November as Caregiver Recognition Month. In making the statement at last week’s conference, the Governor explained of family caregivers that “their commitment, generosity and dedication make a profound difference in the lives of others and reflects the best of the Empire State.”

Our New York elder law attorneys know the impact that family caregivers have on the lives on their loved ones–and on the state’s entire elder care system. As the Governor explained in his address, the state estimates that more than 50% of senior New Yorkers would likely be placed in institutional settings without the aid of unpaid caregivers. These nursing homes and other special facilities are rarely the preferred living option of seniors who are almost always happier when they age in place, close to their loved ones.

Authorities Often Act Too Late to Prevent Elder Financial Abuse

Published on: November 17, 2011 | by Ettinger Law Firm

The Bellingham Herald discussed an often overlooked but vital matter that is of serious concern to our New York elder law estate planning attorneys: elder financial exploitation. Our work helping local residents avoid the probate process, save taxes, and plan for disability, involves elements of trust and relationship-building. Yet, we understand that there are some criminals who are bent on building up trust with seniors only to use their position of influence for their own gain. These fraudulent actors can be found in various settings, from nursing homes and assisted living facilities to one’s own network of friends and family. All local seniors must remain alert to these dangers.

Prevention is particularly important with elder financial abuse, because after the crime is perpetrated there is often little that authorities can do to correct the harm. The Herald story discussed one senior who lost nearly $775,000 in a scheme in which he thought he was investing money only to learn that it was being stolen. The company in which he invested filed for bankruptcy and as was later described as a mere Ponzi scheme. The man leading the fraudulent enterprise was arrested, but the money taken from the senior victim was gone.

Some advocates are raising concerns about the tools available to authorities to help these victims, making it difficult to protect them before they suffer actual financial harm. For example, at the time the victim described in this story began dealing with the fraudulent investor, that investor was already the target of multiple ethics probes for misappropriation of client funds and had actually been charged with a crime. Yet nothing was done to stop the criminal from swindling others. One advocate explained that this case is far from unique. He noted, “It is a common complaint in fraud cases involving the elderly: prosecutors, social service agencies, and attorney regulators are often slow to act, and by the time they do, the damage is done.” Prosecutorial inexperience handling these cases is part of the problem. In addition, some claim that local police officials are not properly trained to handle these matters.

AARP Report Finds Expanding Costs of Family Elder Caregiving

Published on: November 15, 2011 | by Ettinger Law Firm

The AARP Public Policy Institute recently released a new report discussing the contributions that family members nationwide make to caring for their elderly family members. Recent news has focused on how local, state, and federal governments will handle the burdens of caring for an aging population. Yet, as this new report points out, the costs bore by family caregivers actually dwarfs that spent by these public bodies. It is a reminder that long-term care planning remains more than just a necessity for seniors but also for their entire family.

The size of the numbers is undeniable. Roughly 42 million family members are acting as caregivers for their senior loved ones at any point in time, with nearly 62 million providing at least some support throughout the year. In economic terms, these caregivers provide over $450 billion in annual, unpaid care. That total is up 20% from two years before ($375 billion). These totals include the contributions of millions of area residents who provide support for aging family members whose New York elder care planning went awry or whose plan was nonexistent. The financial estimates are actually conservative. They do not account for care given by those under the age of 18. They also do not include caregivers who provide assistance outside of basic daily living tasks, like help with bathing, dressing, managing medications, and aid with finances.

It is helpful to put these family-provided long-term elder care costs into context. The $450 billion annual sum is more than the total Medicaid spending, for both basic health and long-term support services. When looking only at Medicaid support for senior care, the costs bore by families is four times larger. Researchers believe that the $75 billion increase in the previous two years was primarily caused by an increase in the total number of caregivers and hours of care provided. In other words, the allotted value of the work ($11.16 per hour) remained constant over that period of time.

Congressman Shares Information About Federal Attempt to Solve Long-Term Care Crisis

Published on: November 4, 2011 | by Ettinger Law Firm

On Wednesday Congressman Ted Deutch published an editorial in Politico advocating on behalf of a stalled federal initiative known as the Community Living Assistance Services and Supports Act (CLASS). The measure was hailed as the first federal attempt to address the nation’s long-term care crisis. All those in our area who have dealt with the complexities and expense of finding proper New York elder care are likely familiar with this crisis. CLASS was part of the high-profile Affordable Care Act that passed Congress, but CLASS was recently suspended by the President.

The Representative explained that CLASS was essentially a means by which middle class families could have a voluntary and affordable long-term care insurance option. An important part of the CLASS program that needed to be addressed was the idea of “adverse selection”–the notion that insurance would only be bought by those who already needed the care. Of course, the maximum benefit is derived only when individuals have this insurance plan in place ahead of time. The measure is currently stalled specifically because of concerns about adverse selection. Yet, many, including Representative Deutch, believe that federal officials have statutory power to implement anti-adverse-selection measures.

CLASS was pushed by those who understand the looming problem facing the long-term care system. Only five percent of Americans have long-term care insurance, even though seventy to seventy five percent of all Americans will need some form of long-term care. The gap is often replaced by federal programs, like Medicaid. The Congressman explained that the reliance on Medicaid is unsustainable at the federal level. This is in addition to the fact that qualifying for Medicaid often requires residents to spend themselves into poverty, especially when planning is absent. Fixing the problem before it gets worse was the motivation behind CLASS. The measure hopes to steer residents away from the most expensive institutionalized care to more balanced programs that encourage cost-effective and resident-focused community care. Besides the cost savings, these programs are almost always preferred by seniors, because they allow them to live at home, maximizing their freedom.

More Americans Financially Supporting Aging Parents

Published on: October 31, 2011 | by Ettinger Law Firm

Last week Reuters discussed the growing number of adult Americans who are financially supporting their senior parents. As the author quips, many of these residents have becomes the “Bank of Sons and Daughters” after the recent financial crisis decimated the savings of many elderly family members. According to MetLife‘s new National Health and Retirement Study, the percentage of adult children spending time and money on their parent’s care has tripled in the last decade and a half. This comes as no surprise to our New York elder law attorneys who know that rising long-term care costs, the economic downturn, and failure to plan ahead for senior care places many families in tough situations when a loved one ages and needs extra day-to-day care.

The MetLife data found that roughly a quarter of all adults are currently providing at least some financial assistance to their parents. A similar survey from Caring.com suggests that adult children may be providing even more support, as thirty two percent of respondents said they’ve spent at least $5,000 on their parents’ living expenses within the last year. A large majority of that group admitted that supporting their parents leads them to worry about their own long-term financial situation. As one researcher involved in the data collection explained, “There are just a ton of families where the second or third generation needs to help the first generation. People are asking, a lot, about how to do it.”

Not only does financially supporting aging parents often place stress on the finances of the adult children, but, if not done properly, it may actually be harmful to the senior. As each New York elder law attorney at our firm has explained to local residents, it is important to properly tailor financial gifts such that they don’t inadvertently disqualify the parent from government benefits. Certain programs are in place to help seniors receive the care they need even if they do not have the resources to purchase it. However, qualification for those programs, such as New York Medicaid, is based on need. If adult children do not take those qualifications into account, they may unknowingly complicate their parent’s program participation.