Despite the prevalence of aggressive, life-prolonging medical procedures, such as feeding tubes, ventilators, and dialysis, once a patient enters a long-term care hospital, L.T.C.H. for short, more than one-third of them will never return home. According to the New York Times, the median survival for such patients is 8.3 months.…
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New York Estate Planning & Elder Law Blog
What Happens to Digital Currency following Death
The amount of attention as well as the volume of digital currencies like Bitcoin is at an all time high. Digital currency is just one of several trends away from traditional assets and towards digital elements. While digital currency has made business in some senses much easier, digital currency…
Estate Planning Issues for Couples who Marry Later in Life
Remarriage among individuals who are 55 and older increased approximately 15 percent between 1960 to 2013. No matter the reason for remarriage, estate planning often becomes much more complex when a new partner is involved. These issues can be made even more complex if a couple makes the decision…
Caring for Parents with Dementia: Legal Considerations
Parents with dementia and other memory loss disorders, such as Alzheimer’s and Parkinson’s disease, present extraordinary challenges for the parent and adult children tasked with assisting them. Drafting a will, making health care decisions, and taking care of legal and financial matters are just some of the items that must…
Opioid Crisis at Home: Rise in Elder Abuse Tied to Opioid Epidemic
This is the second post in a two-part series on the opioid crisis at home. Addiction, the subject of our first post, is not the only opioid-related impact on older adults. The following post will examine the rise in elder abuse tied to the opioid epidemic. I assisted a client…
Reasons to Routinely Update Beneficiary Designations
Many of us don’t keep our assets in tangible items. Instead, many people’s assets are retirement accounts including 401(k)s, IRAs, and worker benefit plans. One way in which retirement accounts differ from more tangible assets is that wills do not dictate how individual accounts are disposed. As a result,…
Irrevocable Trusts and Divorce: Words of Caution
A recurring theme in estate planning is that it is not a once and done activity. Instead, it is critical to revise estate plans following major life changes. One of the countless life changes that many people still do not think necessitates changes to estate plans is divorce. In…
Preventing Deed Fraud and Mortgage Scams
New York Governor Andrew Cuomo signed a group of bills intended to increase consumer homeowner protections. By press release, the Governor’s office announced three important improvements in an effort to strengthen homeowner safeguards and close loopholes to prevent deed fraud and mortgage scams. Unbeknownst to the homeowner, deed fraud…
Divorce and Estate Planning: Advice to Follow
It’s a tale as old as time. A couple is married for several years and during that time, the couple successfully grows a small business into a million dollar one. The couple’s marriage ultimately does not last and they divorce. Because the couple is still young, they do not have…
Lessons Learned from Northport Health Services v. Posey
The Eighth Circuit Court of Appeals in Northport Health Services v. Posey recently reversed a lower court’s decision to grant summary judgment in a wrongful death action. One son in the Posey family in this case had signed the admission agreement of his brother at a resident rehabilitation center owned…