Blog

A Living Will vs. A Healthcare Proxy

A Living Will is often confused with a Healthcare Proxy and vice versa by many individuals. Although both provide advance directives regarding medical decisions, they both are separate documents with distinct features and purposes.

It is vital to become aware of these terms, what they mean, and the impact both documents can have on your life and the lives of your loved ones. Get informed and ensure that your legal rights are protected.

A Living Will

A Living Will is a written statement of an individual’s wishes regarding medical treatment. This document is created to define a person’s specific plan as to how their health care will be handled if they are gravely ill or incapacitated in the hospital. The primary issue to be determined in a Living Will is whether a person wishes to be put on life support, and what type of life-preserving measures should be taken.

A Living Will is vitally important not only for the ill person, but for the family. Without a Living Will, a physician may call upon the family members to make very difficult judgment calls. These types of matters have been increasingly more common with advancements in medical science, and the increased ability to extend life.

Living Wills give detailed instructions regarding medical treatment if an individual is in a persistent vegetative state, in a coma, or otherwise unable to communicate how she wants his/her medical treatment handled. Perhaps a person does not believe in being kept alive by artificial means, particularly if there is no hope of recovery. A Living Will stating this fact would give this person control over their own health care when they are unable to express their own wishes.

A Healthcare Proxy

A Healthcare Proxy varies from a Living Will in that a Health Care Proxy appoints a particular person to speak on your behalf regarding medical decisions, if you are in a situation where you can’t make them yourself. The idea behind a Health Care Proxy is that someone makes the decisions you would have made, had you been able to do so.

You must choose your proxy thoughtfully since he/she will be acting on your behalf. After appointing your proxy, it is extremely important to discuss your wishes with them about your medical care, including resuscitation, artificial nutrition and hydration and personal goals for quality of life. Knowledge of your wishes will help guide the decisions your proxy will have to make with your medical team. Knowing that any decisions made are based on your personal values and wishes will be a comfort to family and friends during a stressful time.

Contact an Attorney

If you become unable to direct your own medical care because of illness, an accident, or advanced age, the right legal documents are your lifeline. When you don’t write down your wishes about the kinds of medical treatment you do or don’t want to receive and name someone you trust to oversee your care, these important matters can be placed in the hands of estranged family members, doctors, or sometimes even judges, who may know very little about what you would prefer. In order to ensure you are protected, contact an experienced attorney today.

Guardianship 101: A Brief Intro into Guardianship

As people go through life, it is obvious that familiarizing oneself to legal terminology is not a high priority. Yet, as we get older, it is important to get ourselves informed about decisions and circumstances that one day we may find ourselves in. Below is some general information to get you acquainted with the topic of guardianship. It is vital to keep yourself informed to ensure your legal rights are protected. Read below and keep up with our Blog!

What is a guardian?

A guardian is an institution/individual appointed by the court (or voluntarily appointed by an elderly individual) to make personal needs or property management decisions for an incapacitated person. Continue reading “Guardianship 101: A Brief Intro into Guardianship”

NYS Attorney General Blasts City Councilwoman’s Eminent Domain Idea

New York State Attorney General Eric Schneiderman said that a plan by City Councilwoman Melissa Mark-Viverito to have the city seize properties using eminent domain as a way for homeowners to avoid foreclosure is something that is not viable.

Ms. Mark-Viverito, who represents East Harlem, is proposing that the city take ownership of the homes away from banks so that troubled homeowners can keep their homes. Mr. Schneiderman says that it can be risky for the city — or any other municipal government — to acquire private property this way, adding that if the city attempts to do this and it’s not done the right way, there could be unfavorable legal consequences for the city.

Mr. Schneiderman cited a similar plan adopted by the city council in Richmond, California that is facing skepticism. On September 11, the Richmond City Council voted 4-3 to allow the city to acquire “underwater” homes from lending institutions so borrowers can stay in their houses. The bill passed, 4-3. Those who voted against the bill said it would open the city to lawsuits and face a backlash from the lending industry.

Bottom line: Don’t wait for eminent domain to save your home. If you are facing foreclosure, contact our office or another attorney experienced in handling these matters. There are a number of legal options available to you.

Top Ten Estate Reasons Real Estate Closings Get Adjourned

#10-     An executor or administrator gives a power of attorney to a third party. Fiduciaries cannot delegate their authority.

#9-       The Seller does not come to closing with certified funds for transfer taxes.  Most Title companies will not take a personal check for transfer taxes unless authorized prior to closing.

#8-       The Buyer unaware that the bank deducts closing costs from mortgage proceeds and fails to bring certified funds to make up the difference.

#7-       The Executor of a Will that was not probated arrives at closing without Letters Testamentary.

#6-       A Religious Corporation arrives at closing without a Supreme Court order authorizing the sale.

#5-       The Seller arrives at closing with a payoff letter showing legal fees due. Seller may be in default on mortgage and must be in compliance with Home Equity Theft Protection Act.

#4-       A child of the deceased owner who lives in the house arrives at closing to execute the deed without an Administrator or an Affidavit of Heirship.

#3-       A seller with a docketed judgment that was discharged in bankruptcy believes he can sell the property free of that judgment.

#2-       Only one Executor shows up to the closing when Letters Testamentary where issued to two executors.

The Number 1 Reason is: Will names a specific person to receive the property but the Executor attends the closing to execute the deed.

 

*Make sure your Estate Attorney and Real Estate Attorney are knowledgeable about the relationship between estate matters and the purchase and sale of property.  Contact Attorney Tanya Hobson-Williams at (718) 210-4744 for more information.

Recognizing Signs of Elder Abuse in a Loved One

Many senior citizens who are too frail and vulnerable have become victims of elder abuse at the expense of strangers, trusted caregivers and even friends and family members. When one thinks of elder abuse, they think of physical abuse, but it goes beyond that.

Elder abuse takes many forms: sexual abuse (non-consensual sex), willful neglect (failing to provide food, shelter, healthcare or protection for a vulnerable patient), exploitation (stealing, misusing or concealing the seniors’ funds, property or assets for someone else’s gain), abandonment (leaving seniors by themselves without proper care), emotional abuse (verbal threats, humiliation and intimidation) and self-neglect (the failure of a person to perform essential, self-care tasks that may result in a threat of his/her own health or safety).

Signs of elder abuse include bruises, pressure marks and abrasions on the skin; broken bones; unexplained withdrawal from normal activities; depression; sudden changes in their financial situation; bedsores; poor hygiene; unusual weight loss; use of threatening behavior by a spouse; strained or tense situations and frequent arguments between the patient and caregiver.

Elder abuse came into the national spotlight in 2011 when legendary actor Mickey Rooney was granted court protection from his stepson and stepdaughter who he claims abused him, verbally, emotionally and financially. Mr. Rooney also accused his stepchildren of denying him food and medicine.

According to the American Psychological Association, an estimated 2.1 million senior citizens suffer some form of elder abuse. The National Elder Abuse Center report that 21% of elder abuse cases are self-abuse and financial abuse. If you suspect that an elderly loved one may be a victim of elder abuse, it is recommended that you call the authorities and contact us at Tanya Hobson-Williams, P.C..

The Purpose of a Guardianship and the Mental Hygiene Law: Article 81

If you’re finding it difficult to take care of your personal needs or your property, or maybe you do not really understand the decisions that you have been making, and/or your friends and family are concerned but are unable to provide the help you need, perhaps an appointed Guardian is an option for you or your loved one.

The New York Mental Hygiene Law Article 81 was established to provide a Guardian to handle the personal and property needs of an alleged incapacitated person.  Incapacitated persons are those who are unable to provide for their own personal needs and/or to manage their property.  In addition, an incapacitated person is someone who is unable to comprehend or appreciate the inability to handle such affairs.

You might be asking yourself, “Well, how does someone know they are an incapacitated person?  What are the signs or symptoms so that you or a loved one can be appointed a Guardian?”

A Guardian is rarely appointed to an incapacitated person because he/or she self declares or voluntarily decides to classify themselves as an incapacitate person.  Rather, it is a decision that is given by court order based upon the condition of the individual so that a Guardian can be appointed.  The court’s decision is based upon evidence that is clear and convincing that the individual is likely to suffer from harm because he or she cannot comprehend the consequences of the actions they are taking or cannot provide for themselves adequately.   The Guardian can be someone the incapacitated person recommends or nominates or simply someone the court appoints that can best serve their interests.

Now that you have an appointed Guardian or you’re aware that such an option is available, you’re probably wondering what a Guardian will actually do for me.  The Duties and obligations of the Guardian are created in a particular way so that the needs of the incapacitated person are catered to in regards to personal care and/or the individual’s property management.  There may be a variety of issues that a Guardian may be appointed to help with including financial affairs, physical illness, substance abuse or dependency, personal needs, management of property.  The purpose is to help with the best interest of the incapacitated person in mind.  The Guardian will help make decisions that may be too difficult to make alone, handle medical needs or personal care, and to make sure finances are in order.

The Law Firm of Hobson-Williams, P.C. can assist with all aspects of Guardianships from the application to the court, preparation for the court proceeding and after the Guardian is appointed.

Call our office at (718) 210-4744 now to schedule a consultation!

New Medicaid Fair Hearing Procedures

New York City has implemented several changes to the Medicaid Fair Hearing procedures. One of those changes includes restricting the ability to obtain an adjournment of the hearing by making the request online or by telephone. When contacting the N.Y.S. Office of Temporary Disability and Assistance (OTDA) office in Albany to request an adjournment, the agents who answer the phone will question the basis for the adjournment. They use a subjective standard of “good cause” to determine whether or not to grant the adjournment. In fact, I had a client who requested an adjournment of a fair hearing because the hearing was scheduled on Rosh Hashanah and she wanted to use that day to prepare for family who would be visiting for the Holiday. OTDA denied my request for an adjournment because Rosh Hashanah was not observed until sundown on the scheduled date.

I argued vehemently that religious observance was “good cause” and that OTDA cannot deny an adjournment request based upon religious observance. However, the request for an adjournment was denied. The agency’s rigid construction of “good cause” emanates from a lawsuit filed against the OTDA for delays in providing fair hearings to individuals who require immediate assistance. A court order is in place requiring OTDA to schedule a fair hearing within 90 days of the request.

The need to ensure efficiency must be balanced with the need to ensure that those with legitimate needs to postpone hearings are not unduely prejudiced by OTDA’s need to comply with the court’s order. It must be noted that pursuant to the Fishman lawsuit, that if an individual defaults (fails to appear) on a fair hearing, OTDA is required to notifiy the individual that their case will be defaulted if they fail to notify the agency that they wish to proceed with the hearing. Although my request for an adjournment was denied, I was able to obtain another hearing date on behalf of my client knowing about the Fishman litigation.

Critics Fear G.O.P.’s Proposed Medicaid Changes Could Cut Coverage for the Aged

by Jennifer Steinhauer, NY Times

According to the Congressional Budget Office, in the 2010 fiscal year, 77 percent of people enrolled in Medicaid were children and families, while 23 percent were elderly or disabled. But 64 percent of Medicaid spending was for older Americans and people with disabilities, while 36 percent went to children and families.

According to the Kaiser Family Foundation, which analyzes health care issues, 7 of 10 nursing home residents are on Medicaid, in large part because even middle-class patients often run through their savings while in a nursing home and turn to the entitlement program.

Changes to the Home Care Program

The Budget makes significant changes to New York’s home care program by limiting level 1 personal care services to 8 hours per week and authorizing the Commissioner to set standards for “high-intensity” high-hour personal care services users, pursuant to emergency regulation. Changes in the definition of estate will increase liens and Medicaid recovery actions.

The Budget also mandates enrollment in Managed Long Term Care (or program models that “may” include long term home health care programs) for anyone over age 21 who needs home and community based services ( “as specified by the Commissioner) for more than 120  days. This is likely to be everyone receiving personal care (home attendant), certified home health agency (CHHA) services, and Consumer-Directed Personal Assistance Program services.  Before it becomes mandatory, a federal waiver must be applied for and approved – which is unlikely before the end of 2011 at least.

Persons subject to mandatory enrollment will be assigned to a plan if don’t select one within 30 days of the date on which they are given the choice of plans. Plans are to contract directly with the State Department of Health and perform assessments for their members’ care needs every six months. The role of local districts in assessing and providing long term care is thus significantly reduced.

 

Reprinted from “NY Health Access”

Certified Home Health Agencies not permitted to reduce hours previously authorized without due process

On April 8th  and 15th, 2011,  the State Commissioner of Health sent all CHHA administrators two directives reminding them that state law  does not allow CHHAs to reduce home health aide services that were previously authorized, without doctor’s orders and notice and hearing rights.  Similarly, if a CHHA client is hospitalized, or in temporary short-term rehabilitation, these changes do not allow the CHHA to abandon them — the CHHA must reinstate the same home health services after the hospital or rehab stay is over, if the client continues to need the services as prescribed by his/her treating physician.

Testimonials

“I want to take this time to thank Tanya and Keith for their professionalism and their ability to keep me calm during this process. Tanya was very helpful in explaining the whole guardianship process and my next steps. Despite my numerous emails, I never felt ignored or that they were growing weary of me. Even after being granted guardianship when I had an issue with the bank releasing money Tanya stayed calm and found a way to get what I was entitled to. I hope I never need to do this again but if I do, I will definitely come back to Tanya and her team. Thank you Thank you Thank you. Love from Bermuda.”

-K. Durham.
(An attorney in Bermuda transferring a Bermudian guardianship to NY)

Read More »

  • Elder Law Attorney Serving Queens Bronx Brooklyn

    Elder Law

    Elder Law encompasses a broad range of legal matters. It is important for everyone, regardless of age or health, to plan for the future.

  • Guardianships Attorney Serving Queens Bronx Brooklyn

    Guardianships

    The legal system recognizes that some adults, whether due to disease, dementia, mental deterioration, or disability, are unable...

  • Medicaid / Medicare Fraud Attorney Serving Queens Bronx Brooklyn

    Medicaid / Medicare Fraud

    Medicaid is a joint state and Federal program that provides insurance to individuals based upon their income and resources, while Medicare...

  • Reverse-Mortgage Foreclosures Attorney Serving Queens Bronx Brooklyn

    Reverse-Mortgage Foreclosures

    Reverse mortgages are becoming an increasingly popular way for aging homeowners to refinance...

  • Landlord-Tenant Attorney Serving Queens Bronx Brooklyn

    Landlord-Tenant

    Landlord Tenant law can be a complex and confusing subject. Disputes over leases and rent payments are often emotionally...

  • Business Law Attorney Serving Queens Bronx Brooklyn

    Business Law

    From the initial startup of your business to any issues you may encounter along the way, you can rely on Hobson-Williams, P.C. for effective...

  • Collections Attorney Serving Queens Bronx Brooklyn

    Collections

    Hobson-Williams, P.C. has a full-service debt collections department, with experienced debt-collection attorneys who will...

  • Real Estate Transactions Attorney Serving Queens Bronx Brooklyn

    Real Estate Transactions

    Many people question why they need an attorney to purchase or sell a home.

Litigator of the Year
Women-Owned Law Firm
Long Island's 50 Top Women
Minority-Owned Law Firm
Brooklyn Bar Association
Queens County Bar Association
New York State Bar Association
Lawyers of Distinction
Outstanding Women in Law

24 hour service
 Call Toll-Free:
24 Hours a Day, 7 Days a Week

Phone: 1-866-825-1LAW
Phone: 1-866-825-1529

Queens Office:

  • 87-01 Midland Parkway, Lobby A
    Jamaica Estates, New York 11432
  • Phone: 718-210-4744
  • Fax: 718-928-2210

Brooklyn Office:

  • By Appointment Only
  • Phone: 718-210-4744
  • Fax: 718-928-2210
Skip to content