If you or a loved one are advancing in age, or if your health is deteriorating, it may be wise to investigate the possibility of advance directives. Broadly speaking, advance directives are legal documents that convey your desires, if you are incapable of making those desires known yourself. The term “advance directives” generally covers four kinds of documents: living wills, health care proxies, powers of attorney, and Do Not Resuscitate orders (DNRs). Continue reading “Considering Advance Directives”
Tag: elder law attorney
What is a Reverse Mortgage?
As Americans grow older and with a majority of the older population now entering retirement, the need for income sufficient to cover expenses becomes greater. While there are programs such as Medicare, Medicaid, Social Security, and Supplemental Security Income, that help seniors with income and healthcare, those programs may not be enough for some individuals to pay for their monthly expenses or healthcare costs. There is another option that is available to many Americans over the age of 62, such as a reverse mortgage.
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Ensuring Maximum Hours with MLTC Evaluations
Individuals receiving home care services through a Managed Long Term Care (MLTC) company may find that the agency did not award their family member or loved one with a sufficient amount of hours of home care services after they’ve conducted an evaluation.
The evaluation process by an MLTC can be complex. A person approved for Medicaid Home Care services will eventually have to enroll with an MLTC. The MLTC provider will send an evaluator to assess the recipient’s condition in order to create a care plan that will suit the individual’s daily needs. The evaluator will determine the number of hours per day that the recipient is entitled to receive to assist with their personal care needs. Continue reading “Ensuring Maximum Hours with MLTC Evaluations”
Tracking down a Retirement Account
Many individuals have worked for different companies throughout the years and may have had a 401(k) plan worth a small amount of money when they left. Some people lose track of these accounts over the years or find that their plan was transferred to another administrator. Sometimes, in such a case, the administrator may not be able to locate the plan. Unfortunately, there is no central repository for missing 401(k) funds to date.
Nursing Home Discharges: Can You Appeal?
There are many reasons why elderly persons wind up in nursing homes, including voluntary admittance to obtain assistance with rehabilitation after a hospital stay or problematic behaviors associated with various mental conditions such as dementia. In order to afford nursing home costs, many of these adults rely on Medicaid and Medicare. A nursing home may choose to discharge a person for various reasons, including their coverage is running out or they feel the patient is ready for release. However, if a resident is being discharged, the discharge can be challenged.
Will the State Enforce Mandatory Arbitration Clauses in New York Nursing Homes?
The use of arbitration clauses by companies in all aspects of daily living has spread immensely across the country. The United States Supreme Court has recently held that the use of arbitration clauses is fully enforceable, and nearly impossible to overturn. With that being said, the Centers for Medicare and Medicaid Services (CMS) has limited the use of these clauses by implementing a new rule that restricts any nursing home receiving federal funding from requiring residents to resolve disputes in arbitration rather than in court. While the rule does not forbid arbitration completely, it does restrict the use of pre-dispute binding arbitration agreements. The rule will take effect over all nursing home admissions agreements signed after November 28, 2016.
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New York Required to Hand Over Records on Disabled Patients
On March 18, 2016, U.S. District Court Judge Gary Sharpe ruled that the Cuomo administration and New York’s Justice Center must disclose records related to the abuse of disabled and mentally ill patients in the State’s care. Disability Rights New York (DRNY) has requested records involving disabled youths and adults who were allegedly abused, on multiple occasions but all of the requests were denied.
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The Musical Icon Prince May Have Died Without a Will
According to documents obtained by People Magazine, Prince did not have a Last Will and Testament. Prince’s sister Tyka Nelson filed an Emergency Petition in a Minnesota Court seeking the appointment of a Special Administrator.
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Protecting Loved Ones from Elder Abuse
Finding professional and caring home care services for an elderly family member can be challenging. Families express concerns over the prevention of elder abuse and how they can protect a loved one’s legal rights. Seeking advice from an experienced elder law attorney can help you make the right decisions when it comes to your elderly loved ones.
Caregivers Kept in the Loop with NY CARE Law
The Caregiver Advise, Record and Enable Act (CARE), signed by Governor Andrew Cuomo on October 14, 2015, has been fully enacted as of January 7, 2016. The law requires hospitals to allow a caregiver to be added to a patient’s record when being admitted. The law goes further in requiring hospitals to keep the caregiver well informed about how to care for the patient, even training the caregiver before the patient is discharged.
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