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New York Estate Planning & Elder Law Blog

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Biden Regulations Do Not Qualify Families As Essential Caregivers

When the Biden administration proposed new nursing home regulations recently, some people were content while others were confused.  The regulation establishes minimum staffing requirements as well as advocates for stronger regulatory oversight and improved public details about the quality of nursing homes. These measures have been the subject of advocate…

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Restraining Orders by the Elderly Can Help Avoid Estate Planning Pitfalls

In some situations, courts throughout the country are able to stop other individuals from altering an elderly individual’s estate plan.  In one recent case, White v. Wear, the appellate court considered the creation of a restraining order blocking the respondent from performing any alternatives to estate plans. The order might…

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The Role of the Stop Unfair Medicaid Recoveries Act

Current federal regulations require Medicaid programs run by states to try to recoup the cost from estates of recipients who have since passed away even if the state would rather not pursue such recovery.  Medicaid programs must pursue compensation for the cost of nursing home services as well as home…

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Instability in Nursing Home Staffing Impacts Resident Quality of Care

Nursing home staffing levels frequently decreased on weekends. In 2018, the Center for Medicare and Medicaid Services distinguished facilities with low staffing on weekends and ordered states to perform surveys in a section of those locations on weekends. In January 2022, the Center started posting weekend staffing levels at nursing…

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Start-Up Poised to Make Estate Planning Accessible to Everyone

The estate planning start-up, Wealth, is pursuing a $180 billion U.S. market by utilizing a digital dashboard that updates holdings in real-time. Many technology companies have offered potential approaches to solving these issues ranging from WillMaker to EverPlans. The CEO of Wealth has stated that he believes his company is…

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