Long Term Care Planning

Don’t Underestimate Medical Costs in Retirement

Published on: January 16, 2013 | by Ettinger Law Firm

The fiscal cliff crisis dominated the last month of 2012. Even though an agreement was reached on New Years Day, the compromise is far from the end of partisan political battles and confusion. Observers are already making predictions about the possible implications of the looming “debt ceiling” fight between the White House and certain members of the Republican caucus which must be resolved in the next month or two. The outcome may have significant impacts on the nation’s long-term stability and the performance of the financial sector.

It is easy to see how New Yorkers thinking about their long-term care planning and retirement might be uneasy about the state of affairs. While some things are simply out of your hands, it is critical not to forget that there are smart ways to plan for retirement regardless of the flux in national politics. A recent Forbes article is worth a look, as it explores five of the best way to protect one’s retirement from the federal government’s “fiscal follies.”

Plan Ahead

Compromise Bill & Long-Term Care Planning

Published on: January 7, 2013 | by Ettinger Law Firm

One aspect of the “compromise bill” passed last week to avert the fiscal cliff may eventually have impact on planning for New York long-term care costs. While it does not have any immediate effects for local residents, it is important to discuss as it could lead to proposals down the road to tackle the problem of paying for long-term care. Specifically, a portion of the compromise bill did two things: formally ended the CLASS Act and also created a federal commission to study the issue of financing senior care. Both components are worth discussing more fully.

First, the CLASS Act was a bill passed as part of the comprehensive healthcare law of 2010. The idea was that the measure would create a voluntary, national long-term care insurance program. Our elder law attorneys frequently share information on the merits of long-term care insurance, as it is often the premier way for local residents to ensure they receive high-quality senior care in whatever manner is best for them with minimal disruption of their lives. The major downside, of course, is the costs, which can be prohibitive to many.

Those same cost concerns seem to have been the main problem with the CLASS Act as well. Even though the law was passed in 2010, it had essentially already been abandoned by even its supporters before this formal axing via the fiscal cliff compromise bill. That is mostly because actuaries had determined the program to be far too expensive for most residents to participate anyway.

Elder Financial Exploitation: Prevention & Reporting Abuse

Published on: December 21, 2012 | by Ettinger Law Firm

Earlier this week we shared information on the new guide from ElderCare Locator. The brochure (available here) provides helpful tips for all New York families to ensure theft from seniors is stopped. As noted, the problem is widespread, affecting as many as one in ten elderly community members. Unfortunately, there is no easy way to tackle the problem. But it is also worthwhile to be reminded of the basics.

Prevention

Education is the key to stopping senior financial exploitation in its tracks. If all elderly community members are trained in the most common scams and keep a close eye on all financial details, then the chance of theft going unnoticed is drastically reduced. Beyond that, the best way to prevent abuse is by use of third-party support. For example, the AARP provides a wealth of information on various “money managers” who help seniors with day-to-day financial transactions. They may be particularly helpful for those who have just lost a partner. Often one partner in a relationship will handle more of the financial details, if that partner passes away, then the other is often placed in a difficult financial situation without the experience to keep things in order. To learn more about money managers take a look at the AARP website on the subject: www.aarpmmp.org

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.

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.

Failure to Update a Plan Nightmare

Published on: August 3, 2012 | by Ettinger Law Firm

Estate planning takes time. Unfortunately, considering the daily time stresses faced by all local residents, our New York elder law estate planning attorneys appreciate that there is often not a sense of “urgency” with this planning. It is usually a task that gets pushed to the side while day-to-day choeres are dealt with.

Yet, there are many individuals out there who can testify about the consequences of failing to plan their estate.

For example, one recent editorial shared that story of a husband and wife who had been married for one year. The husband was waiting for a liver transplant and despite his precarious health situation the couple did not do any estate planning, thinking they had “plenty of time.” This would prove incredibly harmful for the family.

Defending Seniors–Consumer Financial Protection Bureau’s Office of Older Americans

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

The Star Tribune recently profiled Hubert Humphrey III–a former favorite son of Minnesota–who is now in a new role in Washington D.C. helping to enact national senior care policy that might affect older Americans across the country. Humphrey was recently chosen to lead the Consumer Financial Protection Bureau’s Office of Older Americans. He was chosen for the position in large part because of his previous advocacy on the AARP’s national board of directors.

The new federal office is engaged in many different battles, all aimed at improving the lives of the growing class of American seniors and protecting them from falling victim to financial predators. Our New York elder law attorneys understand the challenges faced by so many older Americans and appreciate the need to enact common sense safety steps at the federal level.

The Office of Older Americans was actually created as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. It was created to safeguard the rights of those over 62 and ensure they are properly educated about their financial options. Assistance in these and similar matters is all the more important now in a world with stagnant retirement accounts and rising healthcare costs. Each New York elder law attorney at our firm works first-hand on many of these goals, helping local residents seeking to craft plans to protect their long-term financial and medical well-being.

Elder Law is Not Just for the Elderly

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

Some mistakenly dismiss elder law issues as something with which they need not concern themselves until they personally need help getting by each day. However, our New York City elder law attorneys have worked with many local residents on these issues decades before they need care themselves. That is because many adult children are forced to deal with these concerns on behalf of their parents–many of whom have serious health concerns that arise quite quickly.

With demographic changes leading to a boom in the elderly population, the need to care for aging parents is catching more and more adult children by surprise. According to the AARP, more than 42 million individuals (usually adult children) provide caregiving for elderly friends and family. Another 61.6 million provide partial caregiving support at various times throughout the year. A story from Life Stages discussed the very serious worries faced by those who are unexpectedly forced to wade through a myriad of confusing and complex issues (including many related to elder law) when their parents can no longer get by on their own each day.

The story profiles one woman whose story is shared by many in our area. Her eighty three year old mother had a massive stroke last summer which led to her becoming paralyzed. Her father, also eighty-three years old, was unable to provide the care that she needed. The hospital recommended that the mother be moved into a nursing home. Before taking that step, the daughter wanted to learn if she had any other options.

Green House Project: Nursing Homes Shift Away From Institutional Settings

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

Nursing homes can be intimidating places. The traditional model for these facilities is institutional, with facility designs and procedures based on mass efficiency instead of individual concern for the well-being of each resident. Our New York elder law attorneys appreciate that this “regimented” lifestyle is feared by many local residents who likely have personal stories of friends or family members who lived unhappily in one of these facilities. Some resident even put off elder law estate planning specifically because thinking about these issues is unpleasant and many would prefer to just avoid the issue altogether.

Of course, failure to plan for long-term care issues actually has the opposite effect–making it more likely that one will be forced to live in a less than ideal location. In fact, so long as resources are available, there is a growing chance that around-the-clock care can be provided for even the most ailing seniors in locations that reject the old model and prioritize individual care and personal well-being.

For example, the Democrat & Chronicle published a story on a new national movement to improve elder long-term care. The Green House Project is a program originally funded by the Robert Wood Johnson Foundation. It seeks to phase out the old nursing home model for one that focuses on more intimate settings. New homes built as part of the project have clusters of seven to ten residents who each have their own room and are given more autonomy. While projects like Green House are growing in popularity, it is undeniable that there is still a long way to go before all nursing home residents have care that places emphasis on their individual quality of life.

Elder Law Associations Announce Support for Older American Act

Published on: January 31, 2012 | by Ettinger Law Firm

Advisor One reported his week on a push by a variety of national legal associations to support the “Older Americans Act of 2011.” The Older Americans Act (OAA) was first passed over 45 years ago, in 1965, to support seniors nationwide with a range of community planning and social services. The Administration on Aging was established as part of the legislation. Many New York elder law attorneys have joined in the advocacy effort to reauthorize the bill. In fact, just this week the National Academy of Elder Law Attorneys (NAEL) announced their support for the measure. NAEL is a professional association of elder law attorneys that work with the elderly and those with special needs.

Over the years many advocates have come to appreciate the important role that the OAA plays in the lives of vulnerable seniors throughout the country. However, the law was set to expire in 2011. That is why Senator Bernie Sanders from Vermont proposed legislation which would reauthorize the Act. It is difficult t get anything passed through the gridlocked Congress these days. However, that has not stopped those supporting these important efforts from trying to get it through the system. Many elder law advocates believe that the reauthorization effort is actually gaining steam.

A separate bill–the Older American Act Amendments of 2012–would make a few important changes to the original measure. For one thing, it calls for a revision of the ‘Experimental Price Index for the Elderly.” This initiative would change the index so that it more accurately reflects the costs which impact seniors at this stage in their lives. Other changes include altering the definition of “economic security” as it applies to determinations for housing, transportation, and long-term care assistance. A Meals on Wheels program would also be established along with a senior center community planning grant program.