New York Elder Law Attorney Blog

Senior Financial Exploitation Prevention: Legal Documents Before Incapacitation

Tue, 15 May 2012 17:08:00 -0500

Law enforcement officers, senior care agency officials, and senior care advocates all believe that having neutral, third-parties with an eye on a senior's finances is an important way to identify when financial exploitation occurs. Those outside parties can identify particularly suspicious transactions and alert authorities. Our New York elder law estate planning lawyers are proud to play a role in this process, ensuring some local seniors are not taken advantage of by the unscrupulous.

A Monterey County Weekly article on the topic of senior financial exploitation explained yet another factor in prevention efforts--ensuring proper legal documents are in place well before times of incapacity. This is one of the paramount goals of elder law estate planning. The legal documents, such as a Power of Attorney and Health Care proxy, are crucial in ensuring that trusted others can act on the senior's behalf in case physical or mental problems develop.

One common problem is that mental health ailments rarely occur suddenly. Instead, most seniors experience lack of capacity gradually, over a period of time. This often leads families to put off taking the proper legal steps, assuming that there is always more time. Many are waiting for a clear sign that help is needed, even though that clear sign will only come when it might be too late. It should go without saying that the earlier alternative decision-making documents are in place, the better.

Failing to have a trusted friend, family member, or advisor with the ability to step in when needed frequently leaves seniors exposed to being taken advantage of financially. That is because those with various mental diseases, like Alzheimer's or dementia, are far more likely to be swindled by scammers. This is true even for seniors in the earlier stages of these ailments.

However, even if a senior has all of their mental faculties, it is helpful for loved ones to keep a close eye on those in a position to exploit the senior's finances. For example, the article shares the story of the "classic" problem of caregivers who befriend a vulnerable senior, work their way into the senior's life, and then attempt to use their position for their own gain.

The executive director of a senior advocacy group explained that those types of abusers "look at the senior citizen as one gigantic piggy bank and they slowly start to take their resources away." Each New York elder law attorney at our firm appreciates the need to prevent these sorts of abuses as early as possible, because there is often little that can be done to recover resources after they are taken.

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Pair Tries to Scam Woman Out of Multi-Million Dollar Manhattan Apartment Building

Thu, 10 May 2012 06:00:58 -0500

Much recent attention has been centered on senior financial exploitation. In particular, many elder care advocates in our state and throughout the country are working to educate the older generations on common techniques used by hucksters to take advantage of unsuspecting seniors. Usually this awareness effort involves explaining the most common small-time scams targeting this group like the "foreign lottery" scam and the "call from grandchild" scam. See here for a previous post here discussing some of these issues.

When using these types of scams the perpetrators usually try to profit by collecting smaller amounts of money from many different seniors. Hundreds or thousands of calls and emails are sent out in those scams with only some seniors falling into the trap.

Our New York elder law attorneys know that there are different, larger scams that seniors also face. In many ways these individual efforts are far most dangerous because they involve much more than losing a couple hundred or thousand dollars. These bigger efforts can literally involve swindling millions from unsuspecting seniors.

For example, DNA Info reported last week on a press conference held by Manhattan U.S. Attorney on charges filed against a pair attempting to swindle a woman out of her multi-million dollar apartment complex in Manhattan's Washington Height's neighborhood. According to the story, the two men befriended the elderly woman in 2006. They then began working on a plan to gain her trust. Eventually they convinced her to sell them the apartment building that she owned for more than four decades. They told the woman that she would receive $3.1 million for the property.

They had no intention of actually properly paying for the real estate. Instead, they used fake checks during the sales process. Then, hoping to capitalize quickly on their asset, the duo used it to deceive a bank into giving them a $1.8 million mortgage loan secured on the property.

Fortunately these two were caught. New York Attorney General Eric Schneiderman explained that "through lies and deception, these individuals abused the trust of an elderly woman in order to perpetrate a multi-million-dollar fraud."

This story is a crucial reminder of the need to always have close, outside counsel and advice when it comes to these sorts of transactions. It is also indicative of the need for seniors and their family members to be very careful about who they trust with financial issues. That is true even when it comes to selecting a New York City elder law attorney. The ring-leader in this real estate scheme was a lawyer.

An http://www.trustlaw.com/" target="_blank">estate planning elder law attorney can provide crucial oversight to help prevent these frauds. However, when choosing a law firm or attorney to work with, it is important to select one with a solid reputation to ensure they can be counted on to act with the utmost professionalism and ethics.

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First-Ever LGBT White House Conference on Aging Held

Wed, 09 May 2012 14:57:47 -0500

Earlier this year New York City welcomed the opening of the nation's first ever LGBT Senior facility. The SAGE Center (Services and Advocacy for GLBT Elders) is located in Manhattan on 27th Street in North Chelsea. As our New York elder law attorneys noted in a previous post on the center (see here) the facility will provide a range of services for the often-vulnerable members of this community. Many LGBT seniors have an increased need for support at this time because they are less likely to have adult children providing help when they age.

Fortunately, more and more advocates and community members across the county are recognizing the unique needs of this community. As reported by GSFLA News this week, the nation's first White House LGBT Conference on Aging was held on Monday. The three day conference was opened by U.S. Representative and chairwoman of the Democratic National Committee, Debbie Wasserman-Schultz. In her remarks, Rep. Wasserman-Schultz noted that the long-term care needs of this community always existed, but they previously existed "in the shadows." She went on to note the important of elder law issues, explained that, like all senior communities, LGBT elders need a wide range of support services down the road.

Other speakers at the event included an administrator at the U.S. Health and Human Services Department and an assistant secretary for policy development and research at the Housing & Urban Development Department. The two spoke on the crucial issues of senior healthcare and housing.

One SAGE board member attending the event summarized the need for increased attention on the issue by echoing thoughts often made by New York elder law attorneys: "They [LGBT seniors] are ill-prepared for their situations. There's been very little education available to individuals as to the needs that will arise and the resources that are available or not available to meet those needs."

The executive director of SAGE USA in New York has said that the best estimates available suggest that there are about two million LGBT American seniors in the U.S. That community is expected to grow in the coming years. Laws across the country make it difficult for elderly same-sex seniors and couples to receive the same protections as other couples. This is true even in states like New York where marriage is legal. For example, in 1988 Congress enacted laws to protect senior couples from "Medicaid Spousal Impoverishment," by ensuring that one spouse is more likely to keep a family house and savings if the other enters a nursing home. Those protections do not apply to same-sex couples--necessitating special planning.

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Seniors Remain "Prime Targets" for Scammers, But Scope of Problem Hard to Identify

Tue, 01 May 2012 16:22:42 -0500

Elder care advocates know that senior financial exploitation is a very real, damaging issue. However, even among those working directly on the problem, there is disagreement about how many seniors fall victim to these exploits each year. The underlying problem is that the vast majority of cases are never reported, meaning that estimates about the scope of the problem rely on often unreliable predictions. The Federal Trade Commission estimates that about 13.5% of the entire adult population is the victim of some type of fraud or scam each year. When trying to get a gauge on the effect on seniors specifically, most research focuses on random phone surveys where seniors are asked if they've ever lost money in one of those unscrupulous ways.

But are those phone surveys reliable? Many fraud investigators have their doubts.

For example, as discussed recently in the New York Times, a 2011 National Victim Profiling study from the AARP attempted to test the accuracy of phoning seniors and asking about their history with frauds and scams. The research involved calling nearly 800 seniors who were known to have been victims of a scam. The senior names were taken directly from police records across the country. Amazingly, when this group was called, only 40% admitted to having been scammed--resulting in a staggering 60% error rate.

Our New York elder law attorneys appreciate that shame and confusion are at the root of the unreliability of data on this issue. One fraud investigator suggested that the error rate was so high in that test--and in all similar efforts--because seniors are embarrassed about admitting they've been taken advantage of in these ways. It is difficult to get around these embarrassment issues. The best approach is often simply to have outside eyes aware of a senior's financial situation--like an elder law attorney or financial planner--so that abnormalities can be spotted.

Who is most at risk?

A helpful AARP study entitled "Outsmarting the Scam Artists" suggests that different demographic groups are more likely to fall victim to certain types of scams. For example, fraudulent claims about unique investment opportunities most often affect college-educated white men in their sixties. These scams often claim the chance to invest in oil drilling or gold mining. Lottery scams, where foreign lottery winnings are claimed with a need to send a small fee to collect, are most likely to affect women in their seventies who live alone and often have less education and financial literacy.

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New NPR Show "Family Matters" on Importance of Financial Planning to Care for Aging Parents

Mon, 30 Apr 2012 16:17:57 -0500

National Public Radio has a new radio mini-series set to air weekly for the next few months. The program, "Family Matters," focuses on financial planning for multigenerational households. Our New York elder law estate planning attorneys have worked with many local families in this situation, often with aging parents who move in with adult children when their health deteriorates.

One of the first episodes of the program delves directly into elder law issues. The program shares the story of a family that was forced to make many adjustments when a woman's 84-year old father needed a caretaker. The woman explained that the adjustment was not easy. Not only did the job of caretaker not come naturally, but figuring out how to make it all work financially seemed a near-impossible challenge.

There remains a stark contrast between public expectations about the need to conduct long-term care planning for aging parents and the reality. For example, an Aflac WorkForces Report found that only 13% of individuals claimed that they thought long-term care planning would affect their households. This is likely why, according to some estimates, fewer than one in five families take even the most basic steps to prepare legally and financially to care for aging parents.

However, while families may not expect these issues to affect them, caring for aging parents is becoming a reality for more and more residents. The MetLife Mature Market Institute found that "the percentage of adult children providing personal care and/or financial assistance to a parent has more than tripled over the past fifteen years." This shift has been caused by a variety of factors, including a growing elderly population and rising life expectancy rates.

A theme throughout the radio program is the need to re-adjust expectations. Most families understand that they may be providing financial support to children--even adult children. The flowing of money from older generations to younger generations seems natural. However, far fewer families consider the possibility that they will have to financially support aging parents who may have seen their life savings exhausted.

Times remain tough for many families, but the pressures can be overwhelming when families are forced to deal with their own issues on top of helping adult children and parents. When it comes to preparing for these potential costs, timing is crucial. Our New York elder law attorneys know that there is a world of difference between trying to handle a parent's declining health or medical emergency when no planning has been done compared with having a Power of Attorney, Health Care Proxy, a Medicaid Asset Protection Trust and other legal strategies in place.

Those interested in learning more about the radio program can take a look at the NPR series website here.

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Do-It-Yourself Legal Planning--The Dangers

Tue, 24 Apr 2012 07:59:23 -0500

One wouldn't choose a surgeon who had never performed that particular surgery before. Experience and training matter when it comes to medical health, and the same principles should apply to legal planning efforts. New York elder law planning requires first-hand knowledge of the process as well as familiarity with common pitfalls to help craft overall strategies that provide the maximum benefit to meet one's specific needs. There is rarely a "one-sized-fits all" approach to any of these issues, because no family is identical. That is why is it usually counterproductive to try to deal with elder care issues using do-it-yourself form legal documents.

Two of the most important documents in any elder law plan are powers of attorney and health care proxies. While the concepts behind these legal documents seem simple, failure to get help crafting them can have significant consequences. For example, New York has a statutorily created form to guide powers of attorney. The form is long and includes various features of which residents might not be aware. For one thing, to protect seniors from being taken advantage of, the statutory form restricts the power that the agent has over financial issues. Any additional powers needed in addition to those in the statutory form must be added individually. In addition, when not done correctly banks or other financial institutions may fail to recognize it.

A do-it-yourself health care proxy may come with similar issues. For example, under state law an agent cannot make decision about withholding certain extreme life support measures even when they have a valid health care proxy. The principal's wishes about the withholding must be explicitly stated in a living will. When the proxy is crafted without proper legal help, this feature is often left out. Unfortunately, this error is usually only uncovered at the exact moment when it is needed--which is too late.

Mistakes, shortcuts, and errors in these legal documents are sometimes not easy to correct. That is particularly true with elder law issues because time is often of the essence. Our New York elder law attorneys appreciate that it is usually essential to act quickly when coming up with Medicaid eligibility plans or trying to get last minute estate planning issues in place while a senior is in ill-health.

Self-crafted documents may seem prudent at the time, but experience overwhelmingly suggests that these legal issues are too important to leave to chance. There are too many subtleties, hidden requirements, and confusing issues to risk having these planning details fall apart at the exact moment when they are needed.

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New York Considering Strengthening Elder Abuse Laws

Fri, 20 Apr 2012 13:09:07 -0500

New York elder law advocates are currently working to get a new bill passed in the statehouse that would strengthen elder abuse laws. According to YNN Rochester, the senior care group Lifespan--one of the state's largest senior support organizations--is leading the charge to change the law because of possible gaps that currently allow wrongdoers to escape punishment. As it presently stands one must be a paid caregiver to face most elder abuse charges. Possible changes to the law would seek to alter that, allowing more individuals to be held accountable if they abuse seniors after voluntarily assuming the role of caregiver.

Lifespan's president and CEO noted that the group "saw so many case of elder abuse in which it was really unpaid people abusing elders in our community."

The proposed bill has sponsors in both the House and Senate; however, the long-term prospects for the measure are still up in the air.

A report last year by Lifespan suggested that well over a quarter of a million seniors in our state are abused each year. The harm takes many forms, from passive ignorance of a senior's needs to intentional physical and sexual abuse. In addition, a staggering 90% of the mistreatment is perpetrated by friends, family, and neighbors. The nature of the harm and the individuals who perpetrate it are one of the reasons why this abuse is so rarely caught. Estimates suggest that only one out of every twenty six cases of abuse is ever brought to the attention of authorities. Most seniors are taken advantage of in silence, without ever having redress or accountability.

The New York State Coalition on Elder Abuse suggests that the single most common type of abuse is New York senior financial exploitation. States across the country have similar problems, which has spurred efforts at the federal level to tighten laws protecting seniors from being taken advantage of financially. It is difficult for legislation to fully address the problem, however, because efforts like enhanced punishments are of little value if the wrongdoing is never uncovered in the first place. Financial abuse takes many forms, from slowly siphoning away retirement funds to shifting assets into the abuser's name against a senior's wishes. Unfortunately, it is sometimes too easy for these dealings to happen without anyone finding out.

The prevalence of financial abuse and the fact that it is most often conducted by relatives is why most efforts to combat the problem focus on providing better oversight from outside third-parties. New York elder law estate planning attorneys can play a crucial role in this effort. Having professionals keeping an eye on finances is a helpful way to ensure that suspicious money moves are investigated and theft attempts by unscrupulous relatives are caught.

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Niche Retirement Communities on the Rise

Wed, 18 Apr 2012 08:08:57 -0500

We've all seen the ads: smiling seniors lounging at the pool or playing golf, laughing, and enjoying the sunshine as a voice-over speaker describes the available space at a new senior living location. Retirement communities have long been popular, but many New York elder care advocates explain that these assisted living locations are becoming more sought-after than ever. Unique senior communities are popping up across the country at a steady clip catering to more and more specific niches in an attempt to closely meet the needs of certain segments of the senior population.

Some of the most popular niche senior living facilities (besides those around beaches or golf courses) are "university-based retirement communities." These locations are built around college campuses in order to provide seniors with the opportunity to attend campus events and even sit in on classes. Many local residents have opted for this choice when conducting New York senior care planning.

Many other communities are being built that center around specific hobbies and activities. Across the country new facilities have recently been built targeting seniors who want to become artists, providing help for those seeking to learn how to paint or write their first novel. Another senior facility is even referred to as an "astronomer's village" and is geared toward stargazers with every living unit equipped with a built-in telescope. Yet another targets "aging hippies" where residents are encouraged to make their own living space and practice sustainability techniques.

Our New York elder law estate planning lawyers appreciate that the growth of niche senior retirement communities is part of a larger trend in the changing landscape of long-term senior care. No longer are nursing homes or assisted living facilities the only places where seniors can plan on spending their golden years. Most expect these activity-based living centers to slowly begin branching out to include support for those in need of more and more specialized healthcare.

Costs for these niche communities are somewhat similar to other long-term care options. For example, a recent MetLife Market Survey found that the average national rent for an assisted living facility was about $3,500--though New York prices were higher. Many retirement communities have rent prices that are comparable, ranging anywhere from $2,500 to $7,000 monthly. However, many of these locations also come with "entry fees" which range from $150,000 to $600,000. All or part of the fee may be returned when the resident leaves or dies. Units at these locations can sometimes be purchased. For comparison purposes, nursing home costs are considerably greater, with monthly costs in our area usually topping $10,000.

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Editorial Calls for Keeping "Spousal Refusal" Option for New York Medicaid

Mon, 16 Apr 2012 13:48:43 -0500

New York is one of three states that provide a Medicaid planning option known as "spousal refusal." Essentially the option provides a way for a healthy spouse to save assets and income beyond that originally exempt from Medicaid while still having an ill spouse receive necessary long-term care under the New York Medicaid program. Our New York Medicaid attorneys have helped many families plan in just this way. We often advise clients that there are some potential complications following use of this tool--like a possible lawsuit from the Department of Social Services. However, regardless of the risks, for a variety of reasons the spousal refusal option is a prudent tool for families in many different situations.

However, there is a chance that spousal refusal may not be available to couples in the future. That is because New York Governor Andrew Cuomo recently proposed removing the spousal refusal option in the state. Financial concerns are driving this plan. Some estimates suggest that $34 million a year may be saved by eliminating the state's spousal refusal.

Many senior advocates have voiced fierce opposition to the proposal, suggesting that the cost to local families would be devastating. Assemblywoman Nicole Malliotakis--a member of the Assembly Committee on Aging--explained that the proposed policy change would force some couples to lose everything that they have built up over a lifetime. Forcing healthier spouses to spend down their assets may have serious adverse effects on the healthy senior's own well-being. That individual may then require even costlier care themselves than if they had been allowed to keep their assets instead of losing them so their ill spouse qualified for New York Medicaid.

In that way, some are suggesting that the potential cost savings are illusory. Instead, Assemblywoman Malliotakis is suggesting that focus remain on eliminating the estimated $5 billion in Medicaid fraud.

Perhaps most alarmingly, without the spousal refusal option some senior couples may be incentivized to divorce in order to save assets while still allowing their loved one to receive necessary long-term care. The director of the New York-based Center on Marriage and Families editorialized this week against elimination of the spousal refusal. She noted that she has seen a trend in senior couples divorcing because of these issues in states across the country. Without preservation of the spousal refusal option, "forced divorces" may become common in our state. Pledging to fight the proposal, she concluded that "those who will really suffer under the governor's proposed changes are elderly middle and low-income New Yorkers, people who worked hard all the years they were healthy and should not callously be forced into divorce."

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Defending Seniors--Consumer Financial Protection Bureau's Office of Older Americans

Thu, 12 Apr 2012 06:00:43 -0500

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.

Retirement concerns are on the group's docket. Amazingly, a 2007 report found that three of five families headed by a senior had no retirement savings. The office is hoping to address this issue on a range of policy and educational fronts.

In addition, one item at the top of the organization's list is the need to crack down on elder financial exploitation. MetLife found that older Americans lost $3 billion from exploitation in 2010 alone. The rising senior population only means that the total cost of senior financial abuse will likely increase in the future. Tackling financial exploitation often requires having an extra pair of eyes watching a senior's financial situation--such as an elder law estate planning lawyer. This is important because many financial abusers are friends or family members of the senior. That is why Humphrey notes that addressing the problem includes helping seniors both recognize the abuse and seek help when necessary. He quips, "I intend to make it the Office of Older, Smarter American."

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New York State Push To Increasing Staff Hours At Nursing Homes

Wed, 11 Apr 2012 06:00:35 -0500

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New York does not have a very commendable track record when it comes to nursing home quality. AARP rankings last year placed our state near the very bottom in a range of quality measurements for long-term care facilities. Our New York elder law attorneys appreciate that it is the dismal reputation of life at so many long-term care homes that spur residents to explore all other options to meet their senior care needs.

Almost everyone wants to live in their own home as long as possible. If they cannot, the next best choice is usually some form of assisted living arrangement that provides the maximum privacy and autonomy. It is only when that cannot be obtained--for either financial, medical, or logistical reasons--that many families turn to traditional nursing homes. Unfortunately, because of the poor care provided at so many of these locations, the seniors forced to live in the homes often admit to decreases in their overall well-being and quality of life. In the worst cases these residents fall victim to nursing home abuse and neglect.

Fortunately, the state's track record in this regard has not gone unnoticed by some lawmakers. According to an article this week from Nurse.com, some New York legislators are considering a new measure which would increased nursing staff requirements at both hospitals and nursing homes. The bill--Safe Staffing for Quality Care Act--would mandate various one-on-one staff hours for each nursing home resident depending on the conditions faced by the resident. The measure is modeled after similar laws in California that have been tested and shown to reduce harm and death caused by inattentive staff members at these facilities. Many of the most common symptoms of neglect, like pressure ulcers, dehydration, and malnutrition, are directly attributable to inadequate staffing levels.

While the consideration of the bill is an encouraging step, each New York elder law attorney knows that it is never easy to get a proposal like this through the state government process. Committees in both chambers have the measure set for consideration but have yet to vote. Similar bills were proposed last year but both died in committee. As with so many proposals which would affect New York senior care, the main concern seems to be the potential cost. Some hospitals and long-term care facilities worry that cash-strapped facilities cannot afford increased nursing levels. However, supporters of the bill counter that providing better care actually leads to decreased healthcare complications and overall savings on medical expenses.

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U.S. Health Care Reform Law & New York Senior Care

Mon, 09 Apr 2012 17:26:47 -0500

The legal world was aflutter in recent weeks over the United States Supreme Court's consideration of the constitutionality of the Affordable Care Act (Obamacare). As most are aware, the high court held three days of hearings on the law (an unprecedented move), and they are expected to release their ruling in the coming months. Either all or part of the landmark legislation may ultimately be struck down as an unconstitutional federal overreach. Our New York senior care attorneys know that most of the focus has been on whether or not the court will invalidate the portion of the law that mandates that individuals possess health insurance or pay a penalty (the individual mandate). Many observers have predicted that the court will in fact strike down the individual mandate. However, those predictions have been wrong in the past, and so no one will actually know the outcome until the opinion is issued.

However, it is important to also consider what would happen to the rest of the law if the individual mandate is struck down. The rest of the bill may be in jeopardy. New York long-term care planning may well be affected. A recent Forbes articles touched on the potential impact. A few points worth noting...

--Home & Community Care: The bill included various state incentives that sought to expand Medicaid support of alternative care arrangements. These incentives were intended to steer Medicaid dollars away from nursing home and towards the more flexible care options that seniors actually want.

--Medicaid: The New York Medicaid program which provides long-term care support to many local seniors was affected by the healthcare law. Various rule changes were incorporated into the bill, each with the effect of expanding coverage to uninsured workers. The expansion might have various effects on the care ultimately given to seniors.

--Integrated Care: The law provided for a range of changes in the way that healthcare is actually delivered. For example, the law created a new office to coordinate "dual eligibles"--those who qualify for both Medicare and Medicaid. That group includes many seniors in our area.

The Affordable Care Act included a range of other details that may have direct and indirect effect on long-term senior care. While the individual mandate provision has drawn the lion's share of attention in the debate on the measure's constitutionality, the consequences of the law being struck down may have significant ripple effects in the area of senior care. All local residents should remain aware of these potential changes and consult with an experienced legal professional depending on the outcome of the case to determine if there are any consequences for their own plans.

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Alzheimer's Association Focuses on Providing Senior Care Assistance & Support

Thu, 05 Apr 2012 06:00:31 -0500

There were 39.6 million individuals in the U.S. over 65 years old in 2009. In roughly twenty years that number is expected to increase to 72.1 million. At that point the senior population will constitute roughly 19% of the total American populace. The changing demographics are placing significant strain on public Medicare and Medicaid resources. That is why many observers have focused more attention on the ways that outside not-for-profit groups are working to help seniors in need. Our New York elder law attorneys realize that tremendous good work is performed by so many local groups on these issues. It remains unclear if public programs will be able to fully handle the influx of seniors, and it is likely that local nonprofit groups will continue to play a vital role in ensuring that particularly vulnerable elderly community members receive the care they need.

A new Western Edition article recently summarized some organizations that provide various types of aid to seniors. For example, the Alzheimer's Association is the nation's leading organization raising awareness of this cognitive disease that affects so many local residents. Beyond advocating for support in research, the organization provides patient and family services to help those dealing with the effects of the condition which causes memory, thinking, and behavior challenges. The agency has a 24-hour a day help line where families can call for information and referrals.

5.4 million Americans are currently living with Alzheimer's and the number is expected to more than triple in the next few decades. It is currently the sixth leading cause of death in the United States. Our elder law attorneys have worked with many families whose loved ones are dealing with various stages of the disease. According to the Alzheimer's Association, more than $210 billion worth of unpaid care is currently being supplied by family members helping loved ones with different forms of dementia.

The Association reminds local residents that diagnosis is often delayed because the elderly and their family members mistake signs of the dementia as a "senior moment." In reality, the incident may be part of a serious cognitive condition. In the New York elder law context, failure to adequately notice these signs often means that proper planning is delayed. Dealing with the condition is much more difficult when health and legal affairs are not handled until the mental condition has deteriorated.

To learn more about these issues, please take a look at the Alzheimer's Association website or call their hotline at 1-800-272-3900.

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Is Medicaid Funding Getting Harder to Come By?

Tue, 03 Apr 2012 06:00:59 -0500

A Wall Street Journal article this weekend asked some tough questions about the availability of Medicaid nationwide. Our New York Medicaid attorneys realize that many local residents are understandably concerned about the program in our state--it is an essential lifeline for many seniors. The latest WSJ article suggest that some states are making it harder for individuals to receive Medicaid help to pay for long-term care costs--however, the "crack down" on Medicaid expenditures is advancing very differently in certain states.

According to the Kaiser Family Foundation, Medicaid now accounts for about 40% of long-term care spending nationwide. The program is a joint state and federal effort that provides healthcare resources for those unable to afford it. There are federal qualification guidelines, but states are free to work within those guidelines to set specific standards about what is required before a resident is able to receive Medicaid support. As a result of this state flexibility, there can be significant differences in qualification factors in different parts of the country.

Considering that most state are experiencing budget shortfalls, many are looking into different ways to save on these costs. Of course, New York Medicaid changes and proposals are frequently in the news, as local policymakers continue to explore various ways to save money. As the article notes, some of those proposed changes include tinkering with the ways that the state can recover costs from the estates of those who used the program. Our New York elder law estate planning attorneys work closely on those issues, following along with all changes in the law so that local families are best positioned to receive the care they need while saving as many assets as allowable under the law.

Some states have proposed cuts to Medicaid that are far more severe than proposals being considered in our state. Nursing home dental care elimination, adult health program closures, and tightening of qualification standards are all possibilities in states with particularly tough budget scenarios. That is not to say that there may not be changes to the system in our state in the coming months and years. But, there is no need for local residents to make any misguided assumptions about the elimination of the program entirely. The article notes that, as always, it is prudent to visit with professionals when in need of Medicaid help. Professionals in this area can explain "look-back" rules, trusts, and long-term care insurance that may all factor into prudent planning in your specific situation.

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Elder Law is Not Just for the Elderly

Fri, 30 Mar 2012 06:00:58 -0500

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.

The daughter soon discovered that other options did exist, but procuring the extra help needed to keep her mother out of the nursing home was made difficult without elder care planning having been conducted ahead of time. For example, an advanced care directive--including a durable power of attorney, health care proxy, and living will--ensure that children do not run into any stumbling blocks when trying to make quick decisions in the midst of health emergencies.

Beyond ensuring the proper paperwork is in place, many adult children are similarly unprepared to navigate the confusing long-term care system. Understanding the difference between skilled care nursing homes, assisted living facilities, and at-home caregivers is crucial. Each provides different levels of support, but funding mechanisms for each are different. Medicare doesn't cover extended long-term care and New York Medicaid requires the spending down of assets.

Adult children who have already gone through this process note that learning about these issues before an emergency is essential. Not only will it lead to better options for parents but also less stress for child caregivers. This is a very real concern. According to a 2010 MetLife study, caregiver burnout is common--20% of female caregivers over 50 years old reported symptoms of depression.

See Our Related Blog Posts:

New York Lawmakers Discuss Possible Medicaid Changes

Medicaid Asset Protection Trust is Important Tool for New York Seniors