Elder Law

Power of Attorney & Health Care Proxy Are Crucial Components of New York Elder Care Plan

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

Every New York elder law estate plan should likely include a Power of Attorney and Health Care Proxy. These documents allow another person to handle a variety of legal, financial, and medical affairs on your behalf in the event of disability. Our New York elder law attorneys know that preparing for all possible contingencies is the main purpose of this planning, and so inclusion of these documents remains essential.

Some residents are less familiar with the importance of these decision-making tools and may assume them to be unnecessary in their particular case. They may believe that their friends or family members will step up and handle affairs appropriately without the need for formal legal documents. Unfortunately, that assessment is misguided because very often family disagreement arises among these individuals under the stress of dealing with the disability–setting the stage for conflict without prior delegation of decision-making power. The director of a local public aging services center explained that “the last thing you want is if you age and lose capacity, to become a pod in a power struggle between your kids or your grandkids.” On top that, even if one’s family members do not disagree on any financial or medical issue, the law will not automatically grant these powers to a certain friend or family member. In many cases, the disability requires court intervention to appoint a guardian which is a situation that should always be avoided.

Failure to provide this legal clarity ahead of time can have wide ranging effects. For example, KFBB News reported late last week on one man who is facing felony kidnapping charges after allegedly taking his 92-year old mother out of her long-term care facility and bringing her into another state without permission. The man was not his mother’s Power of Attorney. The family was confused about the local elder care laws, and the man assumed he had the right to move his mother. He didn’t. He is now awaiting extradition to face possible criminal sanctions for his conduct. It is likely that the man would not be facing any charges at all had a Power of Attorney been drafted.

Elderly Residents Can Keep Their Pets With Flexible Care Options

Published on: August 3, 2011 | by Ettinger Law Firm

Many seniors consider their pets to be part of their family. The companionship that an animal brings is often particularly important for those who have lost their spouse or who live alone. In fact, the Center for Disease Control and Prevention specifically credits pets with decreasing blood pressure, increasing socialization opportunities, and providing exercise for owners. New research out of Miami University of Ohio and St. Louis University found that pet owners were more physically fit and less fearful of basic daily stresses than those without animals.

The unique connection between owners and their animals is one of the key reasons that our state allows residents to create a New York pet trust as part of their estate plan to pass along resources for the care of their animals. In addition, senior pet owners can now receive varying degrees of assistance to help care for their animals in their golden years. Proper pet care is often daunting for seniors who struggle to get their animal to and from the vet, provide regular walks, and similar tasks. In the past, residents were often forced to give up their beloved animals when they were no longer able to provide them the care they needed on their own.

Fortunately, as Global Animal discussed in an article this morning, various services are now available to help senior pet owners keep their pets in their own home. For example, pet sitters are prevalent in most cities to help walk dogs, administer medication, and perform other aid. Many of these sitters double as veterinary technicians so they are often trained to catch animal illness that may not be noticed by the pet owner.

Primary Progressive Aphasia Remains Little-Known Form of Dementia

Published on: June 1, 2011 | by Ettinger Law Firm

The onset of medical conditions that affect brain function like dementia or Alzheimer’s often act as triggers for local residents and their families to visit a New York elder law attorney. As most are aware, these illnesses affect millions of individuals across the country. The brain conditions result in memory-loss, reduction in learning ability, and reasoning problems. Obviously these illnesses pose a serious threat to an individual’s ability to properly manage their affairs, and caregivers are often required to help with day-to-day activities.

While conditions like dementia are rarely found in anyone less than 65 years of age, there are a few lesser known illnesses that affect brain function and occur in younger individuals. Last month the New York Times profiled one of those forms of dementia, known as primary progressive aphasia (P.P.A.). The syndrome often strikes those in their 50s. Its rarity and the age at which it occurs often cause doctors to misdiagnose the condition as depression, anxiety, or even a stroke.

Unlike Alzheimer’s or dementia, P.P.A. does not initially affect memory but instead affects an individual’s communication abilities. An expert on the disease explains how P.P.A. damages the part of the brain that is used in word-finding, object naming, syntax, spelling, and word comprehension.

The wife of one 55-year old sufferer from P.P.A. explains her husband’s impairments, noting that “he can no longer punch in the numbers to operate the garage door or the microwave or the remote for the TV. He might open the car window, then not know how to close it.”

While communication impairment is the primary problem caused by P.P.A., eventually patients suffer other deficits, like memory-loss, various cognitive abnormalities, and even motor problems. It is for those reasons that the article concluded by recommending that those who may be suffering from P.P.A. visit an elder law attorney to ensure that their family’s financial affairs are in order.
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The Medicaid Asset Protection Trust (MAPT) – Do’s and Don’ts

Published on: April 13, 2010 | by Ettinger Law Firm

by Michael Ettinger, Attorney at Law The Medicaid Asset Protection Trust (MAPT) is a technique commonly used by elder law attorneys. It consists of an irrevocable trust, usually set up by a parent of parents sixty-five and older. One or more of the adult children are named as “trustees” to manage the trust for the benefit of the “beneficiaries” who remain the parents during their lifetimes. For example, the parents retain the right to the exclusive use and enjoyment of the home and the income from all of the trust assets. The establishment and “funding” of the trust, i.e. retitling the home and the investments in the name of the trust, starts the five year look-back period running. After five years, those assets become exempt and are protected from the costs of long-term care.

Once the MAPT is established, there are certain things the parties can and cannot do. Below are a list of the “Do’s and Don’ts” concerning the MAPT.

Do’s