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Signs That A Loved One Should Consider Assisted Living by J.D. Davis

Tuesday, May 8th, 2012

Our latest guest blogger is J.D. Davis, a co-founder of Golden Years Living Solutions, which provides a free service to families searching for senior residences. He can be reached at (914) 437-8675 or visit the company’s website for additional information. www.goldenyearslivingsolutions.com

People with aging parents may find it difficult to have a discussion about the prospect of transitioning them into a senior residence, particularly an assisted living community. Many adult children should expect to face some resistance from their parents who may feel they are not ready to give up their independence and/or move from their home. However, there are potential warning signs that one should consider while evaluating the particular circumstances. The following are some examples when having a discussion on the topic might be necessary:

The refrigerator is empty or filled with spoiled food, which may be a sign that food shopping and preparation are more difficult.
The parent has frequent bruises, which may be a sign of falling or mobility and balance problems.
The parent poses a safety risk by living alone (i.e., forgetting to turn off burners on the stove).
The parent wears the same clothing over and over again or neglects personal hygiene, which can be a sign that doing laundry and bathing are becoming more challenging.
The house isn’t as clean and tidy and is in disrepair, which may show that maintenance may becoming too much of a burden.
The parent forgets things (including doctor’s appointments and when to take medication) or dresses inappropriately for the weather, which may be due to memory loss or dementia.
The parent seems to be depressed or anxious, which may result from isolation and staying home alone, particularly if a spouse recently died.

Assisted living communities offer many great benefits to the residents and provides peace of mind to their loved ones. Some of these benefits may include the following:

Dining plans with many choices of food to ensure that each resident is eating a well-balanced healthy meal.
Daily social and recreational activities to encourage an active social life.
Laundry and linen services.
Assistance with eating, bathing, dressing and medication management, ensuring greater health and personal hygiene.
On-site trained staff for medical emergencies.
Group transportation for shopping and community events, and personal transportation for doctor’s appointments.
On-site medical offices, physical therapists and other medical professionals.

While having a discussion with a parent about moving from the home may not be easy, promoting the benefits of assisted living can make the conversation much easier. Planning ahead and getting them comfortable with the prospect of moving into such a residence is strongly encouraged.

Costs May Be More Affordable

Many families believe the costs of living in an assisted living community are too expensive, thereby making it not a viable option from a financial standpoint. However, some residents are eligible for discounts at certain communities based on their former careers. For instance, retirees who served as firefighters may save hundreds of dollars per month from the rent at certain communities. In addition, certain residents may be eligible for a government benefit as much as $2,000 per month, which makes the costs significantly more affordable.

An appropriate diagnosis can help an aging individual and their loved ones plan for the future. Being proactive in the early stages can allow a person a chance to make long-term decisions about their care, living arrangements, finances, and legal concerns. This allows a person more opportunity to benefit from advanced medical care and support services so that the aging process and effects of the disease are managed better. To learn more about New York elder law or New York estate planning, visit http://www.elderlawnewyork.com

Tags: caregiver, caregiving
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What Do LGBT Couples Need to Know About Power of Attorney?

Thursday, April 12th, 2012

LGBT couples need to be aware of the legal documents that can protect them in the event of a medical emergency. Unlike heterosexual married couples, whose rights to visitation and to make medical decisions are unquestioned, LGBT couples – and unmarried heterosexual couples – are not afforded the same rights. This is why it is essential for couples to understand the importance of power of attorney and living wills.

Many LGBT couples want the right to visit their loved one in the hospital, and want their loved one to have the right to make critical healthcare decisions. The solution is a living will with healthcare power of attorney.

A living will is a document stating an individual’s wishes in the event of a medical emergency resulting in incapacitation. A living will explains what procedures one does and does not want in an end-of-life medical situation. It can contain directions concerning artificial resuscitation, pain medicine and life support procedures.

A healthcare power of attorney document is a way for an individual to appoint another to make those medical decisions. It has the effect of giving LGBT couples the decision-making rights that are already afforded to heterosexual married couples.

Even gay and lesbian couples who are married in their state need to consider a living will with healthcare power of attorney. Though a couple may live in a state that recognizes gay marriage, these documents may be of crucial importance when traveling out of state.

What documents are important for LGBT couples:

A living will states a person’s wishes in the event of a life-threatening medical emergency

A healthcare power of attorney assigns healthcare decision-making power to a particular person

For assistance with questions regarding our legal services, visit our website at http://www.littmankrooks.com/

Tags: LGBT
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Guest Blog – The Latest Edition of the Older American Act – The Benefits

Friday, March 2nd, 2012

Our guest blog this week has been written by Amanda McCarthy

A Brief History of the Older Americans Act

The Older Americans Act (OAA) was first passed in 1965 in response to complaints that there were not enough social services available to older Americans. Because of the lack of social services offered to older Americans, there was a general feeling among this age group that Americans past a certain age were not treated with dignity.

Today, amendments to the OAA also help establish nutrition programs for older Americans. The most well-known nutrition program established through the OAA is Meals on Wheels. Grant programs formed in response to the OAA allow older Americans to receive proper physical and mental health care and provide employment training for older Americans needing more income. Senior centers have also been built under the guidance of the Older Americans Act.

Recent Efforts to Improve the Older Americans Act

Senator Bernie Sanders, I-V.T., introduced a new bill in January that is aimed at reauthorizing the OAA and clearly establishing initiatives that would be enacted through the reauthorization of the OAA.

Many organizations in the United States have expressed their intent to back Senator Sanders’ bill through letters of support. Listed below are some of the organizations that are supporting the bill with a brief summary of their offer of support.

• National Committee to Preserve Social Security & Medicare

This organization was expected to support the bill, as Senator Sanders is a chairman on the board. The organization notes that an increasingly aging population would not be supported through the current funding available for the OAA.

• American Bar Association (ABA)

The ABA has offered their support, especially after discovering the inclusion in the bill of a provision establishing low-cost, high-quality legal services for older Americans.

• National Council on Aging (NCOA)

The NCOA applauds Senator Sanders’ effort to continue to keep older Americans independent and active in their communities, and notes that a lack of funding has been the main hurdle in realizing the OAA’s full potential in the past. The bill specifically outlines provisions for additional funding.

Benefits of the Older Americans Act

As the OAA requires significant funding, many Americans may wonder what the benefits to reauthorizing the act may be. There are several benefits that should be noted.

• The bill calls for a change in inflation calculation as it applies to the elderly, especially in regards to medication and healthcare. Currently, healthcare assistance is often not adequate for older Americans because of the way costs are calculated.

• More assistance will be provided for older Americans looking for work. This would help reduce costs to the public, as older Americans with jobs would require less assistance from public programs.

• Provisions in the bill would help the elderly receive nutrition and healthcare while living at home rather than in a senior facility or hospital. Even though this will be accomplished through increased funding to programs like Meals on Wheels, proponents of the bill believe that this will significantly lower the cost of healthcare for elderly Americans.

• Older Americans living in long-term care will receive representation to protect their rights and assure that they are given proper healthcare while being treated with dignity and respect.

Amanda McCarthy’s passion for senior care, political issues and reading has allowed her to pursue a career in writing. Amanda is currently working as a part-time writer for a Senior Retirement Care site.

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How Could The New Alzheimer’s Criteria Affect My Care And Access To Services

Tuesday, February 28th, 2012

Proposed new criteria to diagnose Alzheimer’s disease could affect how many people have the condition and their access to services and government benefits. Individuals with mild and very mild Alzheimer’s disease could be categorized as having mild cognitive impairment (MCI), which doctors say is the stage between loss of mental function and dementia.

The National Institute on Aging and the Alzheimer’s Association proposed the new criteria. If an individual can still do everyday activities, independently function, but has mild activity problems, they would have MCI. Currently, more than five million people in the U.S. have Alzheimer’s or related dementias. By 2050, these numbers are expected to double. But if the classification changes, millions of Americans could lose out on critical care in the early stages of Alzheimer’s disease.

Earlier this week, the Obama Administration announced plans to spend $50 million on Alzheimer’s research and develop a National Alzheimer’s Plan under the direction of the U.S. Department of Health and Human Services. The funds will promote more Alzheimer’s research, treatment, and caregiver support. Alzheimer’s disease costs $180 billion annually for medical and nursing home care.

Opponents of the proposed diagnosis say that more than 90 percent of people would have their diagnosis downgraded. Some medical experts say that more effort should be done to help patients who have MCI to prevent the onset of Alzheimer’s disease. They hope that the proposed criteria will be modified and discussed more to help the aging population.

Checklist to ensure you are proactive as you receive a diagnosis of cognitive impairment:

See a doctor early on to get answers and treatment options
Meet with an elder law attorney to review what health services and government benefits you are eligible for
Create documents for advance health care directives, power of attorney, and living will
Work with an elder law attorney to create an asset protection plan, estate plan, and appropriate trusts
Stay aware of changes that could occur due to the National Alzheimer’s Plan
Stay updated with Alzheimer’s Association proposal for condition re-categorization

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Medicaid Offers Home Attendant Services For Eligible Individuals

Wednesday, February 1st, 2012

New Yorkers who have Medicaid and need home attendant services can have this type of care covered. Approval is granted when financial and medical criteria are met, and an individual submits an M11q form that his or her doctor has thoroughly completed. These services can offer substantial savings for an individual and their family, and helps to provide for daily care.

Personal care services, which are also called home attendant services, can greatly assist individuals affected by physical or mental impairments. Individuals who have excess resources or income can get the skilled advice of a New York Medicaid planning lawyer to access benefits and preserve assets. Once home care is authorized, an attendant can assist from 12 hours a week to around-the-clock care.

It is also important for people who have been denied benefits to have their case reviewed. An experienced Medicaid planning attorney can uphold an individual’s rights and ensure that the medical and financial information is complete when a hearing is needed to seek benefits the second time around. Hearings can also be expedited in certain circumstances.

Littman Krooks LLP counsels individuals and families on how to access Medicaid benefits and plan for comprehensive care and estate matters. Our New York City, White Plains and Fishkill Medicaid planning attorneys are well versed in state regulations, benefits, and asset protection. To learn more, visit http://www.littmankrooks.com/elder-law-medicaid-planning/.

Tags: home attendant services, m11q form, medicaid planning
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Proper Planning Needed to Protect Assets From Rising Elder Care Costs

Wednesday, January 11th, 2012

Planning for assisted living costs should be at the top of senior citizen’s minds. Nursing home, assisted living, and adult day care costs are rising. The MetLife Mature Market Institute’s annual survey showed that the cost of these types of long-term care have increased by 5.6 percent since the previous year. A private room in a nursing home averaged $87,000 a year and adult day programs cost $42,000 a year.

Assisted living costs tend to go up as seniors need extra care. Facilities can charge hundreds more a month for bathing, incontinence care, and managing medications. If proper planning is not done ahead of time, savings can be depleted quickly. MetLife’s survey noted that many seniors have little financial reserves to plan for adequate care and only seven million people 65 and older have a policy for long-term care insurance.

Seniors and their families should discuss what kind of care they want and need as they age. These discussions should include an experienced elder law attorney so that government benefits and tailored plans can be carried out successfully. The planning can be complex, so trusting in a knowledgeable attorney to help protect savings, establish proper trusts, and carry out your health care wishes is critical.

New York law firm Littman Krooks LLP assists seniors and their families to plan for long-term care needs, estate planning and asset protection, and preservation of Medicaid and government benefits. Our New York City, White Plains or Fishkill elder law attorneys are a trusted resource for many New York families. To learn more, visit http://www.littmankrooks.com/elder-law/.

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Employers Can Be Great Resource for Workers with Ailing Parents

Wednesday, January 4th, 2012

As a parent ages, many adult children are left to pick up the pieces. The parent’s financial and medical needs increase and issues start to take over the adult child’s work time. Employers who can help their workers connect with elder care resources and allow for flexible schedules can retain hard workers and help them through a tough chapter in life.

Employers that can help workers be proactive about financial planning and health care needs can greatly aid their employees. Access to financial counselors, estate planning experts, and elder law attorneys can be great benefits to offer employees over the phone, via webinars, or in person. During this stage, an adult child often needs help strategizing about long-term care, their parent’s Medicare and Social Security benefits, and should know about important documents to create such as a power of attorney and health care directives.

Often times a parent’s concerns spark the adult child to start thinking about his or her finances and life wishes. Giving employees access to workshops and experts will help them have peace of mind while on the job. Also of importance is caregiver support and counseling resources. Having to take care of an ailing parent can be very difficult. Having a resource to count on and get referrals to deal with their depression, stress, and other concerns is the cornerstone to a solid employee assistance program.

New York law firm Littman Krooks LLP assists caregivers and their loved ones to plan for medical needs, estate planning and asset protection, and preservation of government benefits. Our New York City, White Plains or Fishkill elder law and estate planning attorneys are a trusted resource for many New York families. To learn more, visit http://www.littmankrooks.com/elder-law/ or http://www.littmankrooks.com/estate-planning/.

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New York Medicaid Changes Affect Estate Plans

Tuesday, December 6th, 2011

Changes to the Medicaid program in New York can have a big effect on estate assets and planning. New regulations that were put into place in early September allow for the state to recover costs spent on an individual’s Medicaid services. Estate recovery of these costs can come from any assets that pass via a will, intestacy, or real and personal property.

Previously, only probate assets were subject to an estate recovery of Medicaid costs. But now that joint accounts, annuities, life estate interests in deeds, and other assets are now subject to estate recovery, individuals and their loved ones need to get legal guidance to review their estate plans and protect their assets even more. The changes in New York are due to budget laws that were passed earlier in the year.

Since these regulations are so new, individuals should seek a qualified elder law attorney and estate planning attorney. If you already have a trust or deed with a life estate, a skilled estate planning lawyer can review your existing plans and assets too.

Littman Krooks LLP counsels individuals and families on how to access government benefits such as Medicaid while protecting assets. Our New York City, White Plains and Fishkill estate planning attorneys and elder law attorneys are accomplished in comprehensive estate planning including these new regulations, probate matters, and asset protection. To learn more about New York estate planning, visit http://www.littmankrooks.com/estate-planning/ or www.elderlawnewyork.com

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Free Wellness Services and Discounts Available to New Yorkers on Medicare

Wednesday, November 16th, 2011

More than 1.3 million New York state individuals have received free preventive services through Original Medicare this year so far. But only a little more than 113,000 people have taken advantage of its free annual wellness exam. With more than 1.77 million New Yorkers enrolled in Medicare Part B, these recipients should use these free services to better their health and longevity.

Along with these benefits through Medicare Part B, the average prescription drug premiums are not expected to rise in 2012. The U.S. Department of Health and Human Services reported that 900,000 Medicare recipients who are in the prescription drug donut hole had 50 percent discounts on their prescription drugs this year.

The Centers for Medicare & Medicaid Services notes that generic prescription coverage will not increase for those in the donut hole in 2012. Out-of-pocket costs will also be lower due to discounts on brand name prescription drugs. Individuals should still carefully review their Medicare plan elections for 2012 to see that their pharmacies, prescriptions, and preferred doctors are still available at reasonable prices as plans can fluctuate annually.

For those on Medicaid in New York, the program made a change earlier in the fall. Medicaid’s pharmacy benefit and the Family Health Plus pharmacy benefit is now part of the managed care benefit package. Each health plan has its own category of medicines, including prescription drugs, some over-the-counter drugs and medical supplies. It is important to make sure the plan has the medicines each individual needs. The New York health plans do allow a one-time only fill of a drug in the event that individuals cannot reach their doctor to get guidance to switch to a plan that does cover what they need.

Littman Krooks LLP counsels seniors and families to access government benefits as well as plan for health care needs and personal decisions. Our New York City, White Plains and Fishkill elder law attorneys and estate planning attorneys are accomplished in comprehensive planning for a senior’s golden years. To learn more about New York elder law, visit http://www.littmankrooks.com/elder-law/ or http://www.elderlawnewyork.com.

Tags: medicare, medicare part b, new york state, us department of Health and Human Services
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Proactively Plan For Your Estate While Tax Laws Still Benefit Donors and Heirs

Wednesday, November 2nd, 2011

In 2010, President Obama created the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act (TRA 2010) that affects the federal estate taxes, generation-skipping transfer taxes, and gift taxes for the tax years from 2010 to 2012. It is expected that federal estate tax laws will be modified in 2013 back to the laws that were in effect in 2002, which will increase estate tax rates and drop exemption dollar amounts.

So for the remainder of 2011 and 2012, individuals should get their estates in order. TRA 2010 lets married couples have portability of the federal estate tax exemption when their spouse passes away in 2011 and 2012. The surviving spouse can get any unused amount of the estate tax exemption from the deceased spouse, which thereby allows $10 million to be passed to heirs without estate taxes.

Also, when property, stocks, or cash is transferred to another as a gift, the donor is responsible for paying a federal gift tax. An individual can gift up to $13,000 and spouses can gift up to $26,000 without having to pay this tax. A gift tax is only triggered if a lifetime gift amount to non-spouse heirs totals more than $5 million for 2011.

Sometimes an individual wants to transfer property to a relative that is two or more levels below the transferor’s generation. The transferor is responsible for paying a generation skipping transfer tax unless certain exemptions are met.

Before a loved one passes away, it is important to seek experienced legal counsel to advise on these matters to ensure than an estate is not excessively taxed and that heirs are taken care of according to the person’s last wishes. The 2011 and 2012 rules are more favorable, so individuals need to be proactive about their estate plans now.

Littman Krooks LLP counsels individuals and families to minimize taxes, probate expenses, and carry out the legacy they want to leave to their beneficiaries. Our New York City, White Plains and Fishkill estate planning attorneys and elder law attorneys are accomplished in asset preservation, trusts, and estate planning.

To learn more about New York estate planning, visit http://www.littmankrooks.com/estate-planning/.

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