Bernard A. Krooks - Littman Krooks LLP > New York Elder Law Blog > seniors

Posts Tagged ‘seniors’

Newer Entries »

Some New York Nursing Home Evacuees Still Displaced

Tuesday, February 5th, 2013

After Hurricane Sandy, hundreds of disabled and elderly New Yorkers were evacuated from assisted living facilities and nursing homes near the coast.  Now, more than two months after the storm hit, some evacuees are still getting by in temporary quarters.

The evacuees were moved to places like Brooklyn’s Bishop Henry B. Hucles Episcopal Rehabilitation and Skilled Nursing Center.  The center was already operating at capacity before the storm hit and is now packed with more than twice the number of residents it is licensed to care for.  One hundred ninety patients from the Rockaway Care Center in Queens, which flooded due to the storm, have had to sleep on cots in multi-purpose rooms and in the center’s chapel.

About 160 residents of an assisted living facility in Queens called Belle Harbor Manor had to be evacuated to the grounds of the Creedmor Psychiatric Center, a partly-unused mental health facility.  The evacuees complained of being mixed in with patients suffering from severe mental disorders, and losing freedoms such as the ability to have visitors in their rooms.

According to New York’s Health Department, more than 6,200 people were evacuated from 47 different nursing homes and assisted living facilities as a result of Hurricane Sandy, and storm damage has meant that about a dozen were still closed two months later, with others only able to accept a limited number of residents back.

The majority of patients were evacuated after the storm, under flood conditions, and were unable to bring extra clothing and personal belongings.

Officials said it may be weeks before facilities with some of the worst flood damage are able to re-open.

For more information about our elder law services, visit www.elderlawnewyork.com.

Tags: , , , , ,
Posted in Elder Law, Long Term Care, Medicaid, Social Security | Comments Off on Some New York Nursing Home Evacuees Still Displaced

Elder Care Management Services and Assisted Living Placement Services Help Seniors at Different Care Levels

Tuesday, January 29th, 2013

As the baby boom generation ages, more and more people are faced with the challenges of finding the proper care for older loved ones.  For seniors who need constant care, this often means looking at options for assisted living facilities.  Even if an older person is able to live at home, when loved ones do not live nearby, help is often needed.  The fields of assisted living placement services and elder care management services have expanded, and various levels of service are available for those who need help.

For aging seniors, the transition from fully independent living to the need for assisted living is sometimes gradual and sometimes sudden.  Loved ones often find themselves needing to choose an assisted living facility without having done the research necessary to find the best fit.  In other cases, loved ones may not live close by, making site visits difficult.  In this type of situation, an assisted living placement service can be very helpful.

Assisted living placement companies usually offer counseling and assessment services to determine the necessary level of care, and arrange for tours of facilities in your area.  Such companies usually collect fees from the facilities themselves, so their services are free to the consumer.

Whether a senior resides in an assisted living facility or at home, it can be difficult for loved ones to deal with medical, financial and insurance concerns, especially if they do not live nearby.  In these cases, elder care management services can provide the help needed.

One such company is Golden Years Living Solutions, based in White Plains, which provides a free service to families who are searching for senior residences (including assisted living, Alzheimer’s/dementia care and independent/55+ retirement communities).  After consulting with the family, an advisor provides information on the various senior living options available (including care level, rates, availability and promotions) based on the families’ needs and desired location and budget.

Caring for an aging loved one can be challenging, and it is important to know that you don’t need to do it alone.

For more information about our elder law services, visit www.elderlawnewyork.com.

Tags: , ,
Posted in Elder Law | Comments Off on Elder Care Management Services and Assisted Living Placement Services Help Seniors at Different Care Levels

State Jobs Go to Disabled Veterans Under New York’s 55-c Program

Monday, November 12th, 2012

Veterans with disabilities seeking employment in New York state should be aware of the Governor’s Programs to Hire Persons/Veterans with Disabilities, also known as the “55-c Program.”

Section 55-c of the New York State Civil Service Law allows the Civil Service Commission to fill up to 500 entry-level state employment positions with qualified disabled wartime veterans. These positions would normally be filled through a competitive examination process, but for qualified 55-c applicants, no written or oral examinations are required. However, a medical evaluation may be necessary to certify your eligibility for the program.

“Wartime veterans” refers to veterans of any branch of the U.S. Armed Forces who served full-time active duty during a designated time of war. These designated periods are:

Vietnam War

February 28, 1961 – May 7, 1975

Persian Gulf Conflict

August 2, 1990 – the date upon which such hostilities end

Hostilities in Lebanon

June 1, 1983 – December 1, 1987

Hostilities in Grenada

October 23, 1983 – November 21, 1983

Hostilities in Panama

December 20, 1989 – January 31, 1990

Eligibility for the program also requires that the applicant have a disability certified by the Employee Health Service (EHS) of the Department of Civil Service. The veteran may be required to undergo a no-cost physical examination by an EHS physician or an outside consultant. The disability need not be service-related in order for the veteran to qualify.

Recipients of Purple Heart medals and those who have been assigned a disability rating of at least 20 percent by the U.S. Department of Veterans Affairs automatically qualify for the program.

Disabled veterans seeking State employment are encouraged to apply for 55-c eligibility. Visit http://www.cs.ny.gov/dpm/c55.cfm to download an application or call the NY Department of Civil Service toll-free at 866-297-4356 if you have any questions.

For more information on elder law or veterans benefits, visit www.elderlawnewyork.com.

Source: http://www.cs.ny.gov/dpm/c55.cfm

Tags: , , , ,
Posted in Elder Law | Comments Off on State Jobs Go to Disabled Veterans Under New York’s 55-c Program

LGBT Retirees Have Additional Estate Planning Concerns

Tuesday, October 16th, 2012

Members of the LGBT community tend to save more money for retirement than the population as a whole.  But LGBT seniors planning for retirement also face unique concerns.

According to experts, people in the LGBT community tend to be higher earners, and have smaller families, some with no children.  While lower family expenses may make it easier to plan for retirement, LGBT couples without children may also have to plan for additional caregiver costs as they approach retirement age.

Although same-sex couples may now marry in New York, the federal government does not yet recognize those marriages, and this creates complications for LGBT couples in terms of tax and estate planning.

As one example, estate taxes in 2013 will revert to a $1 million exclusion.  When a heterosexual spouse passes away, his or her assets over $1 million can usually pass to the surviving spouse without being subject to the tax, but this federal right does not apply to LGBT couples, married or not.

Social Security is another concern for LGBT couples, as spousal benefits are not provided to same-sex partners.  In addition, federal pension plans do not provide for spousal benefits.  LGBT couples must also be careful when moving property into joint ownership, as this can result in a large gift tax.

With careful estate planning, there are solutions to many of these issues.  LGBT couples planning for retirement would be advised to seek the counsel of a qualified estate planning attorney familiar with the unique needs of the LGBT community.

For more information about our estate planning and elder law services, visit www.elderlawnewyork.com.

Tags: , , , , , , ,
Posted in Elder Law, LGBT | Comments Off on LGBT Retirees Have Additional Estate Planning Concerns

Assistance is Available for Struggling Seniors

Wednesday, October 10th, 2012

Seniors face many issues relating to housing, hunger, income, abuse and isolation. In the State of New York, The Office of Temporary and Disability Assistance is accountable for developing and overseeing programs that provide aid and support those that are eligible and need assistance. The programs mentioned below compliment the primary government benefits programs of Social Security, Medicare and Medicaid for seniors and people with special needs.

  • Energy Assistance: The Home Energy Assistance Program (HEAP) is a federally-funded program to assist people with low incomes with their energy expenses, including heating bills and some energy-related home repairs (HEAP can help those who are meet eligibility requirements pay for any of the following: electricity, propane, natural gas, wood, oil, kerosene, coal or any other heating fuel). In order to qualify for HEAP in New York State, you must need help with your energy bills and meet an income requirement.  A single person must have an annual income of less than $24,360.  Applications can be made at any social services office. To locate a social services office in your area, click here.
  • Housing Assistance: The Bureau of Housing and Support Services (BHSS) concentrate solely on the problems revolving around the homeless, at-risk, and low-income households in New York State. The Homeless Housing and Assistance program supplies capital grants and loans to not-for-profit corporations, charitable and religious organizations, municipalities and public corporations to acquire, construct or rehabilitate housing for persons who are homeless and are unable to secure adequate housing without special assistance.
  • Telephone Assistance: Low-income seniors may also qualify for assistance with their telephone bills.  The Lifeline program provides federal assistance for low-income older adults, for one telephone per household.  The program is available for landlines or cell phones, and you can apply directly through your telephone service provider. To be eligible, consumers must have an income that is at or below 135% of the Federal Poverty Guidelines or participate in a qualifying state, Federal or Tribal assistance program.
  • Food Assistance: The Supplemental Nutritional Assistance Program (SNAP) provides an Electronic Benefits Transfer (EBT) card, which can be used just like a debit card to purchase groceries at participating supermarkets and other retail food stores.  The program is available to people with low incomes, particularly seniors, and you can apply in person at your local social services office, or online at myBenefits.ny.gov. To find out if you are eligible for SNAP, click here.

To read a full list of supplemental benefit programs offered by the State of New York, visit:  http://otda.ny.gov/workingfamilies/. For more information about our elder law services, visit www.elderlawnewyork.com.

Tags: , , , , , , , , , , , , ,
Posted in Alzheimers, Elder Law, Estate Planning, LGBT, Long Term Care | Comments Off on Assistance is Available for Struggling Seniors

Seniors Should Be Aware of Benefits Available to Them

Thursday, July 26th, 2012

As people approach their golden years, they should be aware of public benefits that can improve their quality of life.  The Brookdale Center for Healthy Aging and Longevity has produced a helpful Benefits Checklist for Older Adults.  The Center is associated with Hunter College, of the City University of New York.

The first item on the list is Medicare, which guarantees access to medical insurance for Americans over the age of 65.  Medicare Part A covers hospital care and provides limited coverage for hospice and in-home care.  Part B provides limited coverage for outpatient services, physicians and durable medical equipment, while Part D covers prescription drugs.

Another important benefit is Supplemental Security Income (SSI), which provides monthly cash benefits to individuals age 65 or older, and to persons who are blind or disabled.  To receive the benefits, individuals must meet certain income and resource limits, and must submit an application.

There are also benefits that apply specifically to older New Yorkers, such as the New York State School Tax Relief Program (STAR).  New York state residents who meet certain income limits can receive a reduction in school property taxes.  A real property tax credit and the Senior Citizens Homeowners Exemption (SCHE) are also available to those who qualify.

There are many public benefits that can provide assistance to seniors, and it is important to be aware of the help that is available.

The checklist is available here: http://www.co.genesee.ny.us/docs/OfficefortheAging/Benefits_Checklist_2011__rev_2_18_11_.pdf


To learn more about our estate planning services, visit www.elderlawnewyork.com.

Tags: , , , , , , , , ,
Posted in Elder Law, Estate Planning | Comments Off on Seniors Should Be Aware of Benefits Available to Them

Planning to Retire Soon? Create a Retirement Checklist

Monday, July 16th, 2012

If you are considering retiring within the next five years, now is the time to create a retirement plan.  Many seniors say they wish they had planned more carefully for retirement.  There are several things you can do now to make sure your legal and financial affairs are in order when you retire.

Define Your Financial Goals

Naturally, one of the most important considerations in planning for retirement is safeguarding your financial security.  That means defining what you expect your lifestyle to be during retirement, and how your financial goals will be met.  You will want to consider factors such as how you will allocate money from your savings to supplement your retirement income, the possibility of rising health care expenses, and the effect that inflation may have on your purchasing power.

Your retirement plan will need to include a budget and an asset allocation strategy, and you will need to consider how to balance different sources of income and benefits, including Social Security, Medicare, and your own assets.  If you are employed, one thing you can do to maximize your savings is to invest as much as you can in your 401(k) before you retire.  Your employer can be a valuable source of information on how best to make use of your 401(k), and what benefits you will receive in retirement.  If you are married, then you and your spouse should create a joint retirement plan.

Create an Estate Plan

If you do not already have an estate plan, now is the time to create one.  Before retirement, you will want to be sure that you have taken the necessary steps to ensure that your assets will be distributed according to your wishes, through the execution of a will, and the establishment of any trusts that would benefit you and your family.  It is also important to establish a durable power of attorney, designating a person to make decisions for you in the event you become incapacitated.  Through a living will, you can issue specific instructions for what is to be done in certain medical situations.  An estate planning attorney can help you create a holistic plan for the management of your assets.

Retirement is something to look forward to, and something to plan for carefully.

To learn more about our elder law services, visit www.elderlawnewyork.com.

Tags: , , , , ,
Posted in Asset Protection, Elder Law, Estate Planning, Long Term Care, Medicaid, Social Security, Tax Planning, Trusts | Comments Off on Planning to Retire Soon? Create a Retirement Checklist

How can Families get Started in Planning a Nursing Home Placement for a Loved One?

Wednesday, June 27th, 2012

Guestblogger: Ginalisa Monterroso, Entitlement Analyst, Archcare at Mary Manning Walsh Home

How can families get started in planning a nursing home placement for a loved one?

  • Families really need to do lots of research. Use the internet, visit the neighborhoods and facilities and look for reviews that are done by people that have had their family members in the nursing home. Search for a facility where your loved one’s immediate needs are met, ask questions, see if they have an available rehabilitation center, what foods they will serve, how they can cater to your loved ones, what insurance the nursing home will take.
  • Always visit and ask questions.

What is the New York Patient Review and how and where can it be completed?

  • It is a “quick” medical assessment of the patient’s needs – it states what the patient is being treated for, the diagnosis, any symptoms, medications, needs and requirements medically per the doctor’s orders,(as opposed to going through an entire medical chart it is a 7-page summary of all the medical needs of a patient (type of care, type of equipment needed, etc.) so that nursing homes can make a quick assessment).  It can be completed

What is the admissions agreement?

  • This is an agreement that is generated by the facility stating all the requirements of what the facility offers for the resident as far as the needs, insurance (required), payments needed, it is a breakdown of what is included in regards to services, room and board, rehabilitation, insurance, notification on insurance being discontinued, the guidelines for where to go if your insurance is discontinued. Everyone should always read the agreement, it is important to know what is going to go on in a facility when you admit your family member.

How does one pay for nursing home care? Can it be subsidized?

  • There are a lot of options to pay for care. There are short-term options and long-term options. Medicare covers a short-term stay, it also covers assistance in-state nursing facilities (up to 100 days); if you need an extension, or a longer stay, there are other insurances that may cover the extra duration of the stay, for example, a long-term care policy, or medicaid. Paying out-of-pocket is very, very costly.

How do you complete the Medicaid or Medicare application?

  • Call the Social Security Administration and get your family member on Medicare. You should have the Medicare before you go into a nursing home. Medicaid can always be done once the family member enters the nursing home if the need for an extended stay is necessary. There is a financial person on site who can assist with applying for Medicaid. You should always have long-term care insurance set up before your nursing home placement.

What happens if I am a long distance caregiver or when the patient lives out of state?

  • The process of searching is still the same. Ask questions! Technology today has expanded – – do they have an online site? You can view the facility and take a tour online. Ask to speak to the directors of each department (especially admissions).

What legal assistance is required (or preferred) when dealing with a nursing home?

  • Emergency situations where people haven’t planned in advance are surprisingly common in nursing home placements.  You always want to have a power of attorney; go to a certified elder law attorney (CELA®) when dealing with your loved one. A CELA® member knows all the rules and regulations and will know what needs to be done or prepared in regards to entering a nursing home. Guardianships and financial planning are also important to discuss with a CELA® member to ensure that your loved one’s stay is comfortable.

What rights do patients have while they reside in a nursing home?

  • Patients have the same rights as they would as if they were not living in a nursing home: the right to privacy, to not be discriminated against, they have all the same rights as they would as if they were living at home. No one can make any decisions without asking a resident or confirming with a guardian or social worker (who are always on-site).  The family member has a right to find out what is going on (medically, financially) with their family member or loved one.  They are to be notified of any emergencies or needs that their loved one may have as they change.

What is the best advice you can give to family members on how to place your loved one in a nursing home?

  1. Be prepared– Plan Ahead
  2. Look for symptoms in family members who are becoming frail or ailing
  3. Keep paperwork in one place (medical, financial and legal records)
  4. Make sure that you have discussed the needs and wants of your loved one so you are prepared if an emergency takes place (in regards to finances, health and legal matters)
  5. Speak to a certified elder law attorney (CELA®) to ensure your family members’ needs are met – it always helps down the road.

To learn more about elder law, elder care or nursing home placements, visit www.elderlawnewyork.com.

Tags: , ,
Posted in Alzheimers, Elder Law, Estate Planning, Long Term Care, Medicaid | Comments Off on How can Families get Started in Planning a Nursing Home Placement for a Loved One?

Newer Entries »