Elder Law

Health Care Power of Attorney Good Planning Tool for Seniors & Singles

Published on: October 19, 2015 | by Ettinger Law Firm

News reports reveal that America is increasingly becoming a nation of single people. For adults navigating life solo, careful planning about who will make health care decisions on their behalf in the face of unforeseen, incapacitating illness is a smart decision, especially for singles who are childless, have minor children and/or are estranged from their families. One available option is an advanced directive called a Durable Power of Attorney (DPOA) for health care. It allows singles to appoint an agent to step in and carry out their wishes when they are unable to make critical medical decisions for themselves.

Most states have enacted advanced directives legislation. This contract allows a person, called a principal, to designate to a selected agent the power to make decisions about the course of medical care should the principal become incapacitated. Decisions covered by a DPOA for health care include such things as the power to consent to or withdraw treatment for physical or mental conditions, or to determine when to initiate or terminate life-sustaining treatment.

Health care DPOA gives singles autonomy

Who will Manage Your Affairs in the Event You are Incapacitated?

Published on: October 1, 2015 | by Ettinger Law Firm

No one likes to consider the fact that they may one day need help in managing their affairs, but the fact remains many people will need a fiduciary they can trust to act on their behalf when incapacitated. Typically as part of an estate plan, an individual will execute a power of attorney appointing one or more individuals of their choice to manage their health care decisions and financial matters in the event they can no longer handle their own affairs. Powers of attorney can vary in scope and purposes, and can serve as one method to avoid judicial intervention, including guardianship or conservatorship proceedings.

Guardianship Proceedings

When a health care or financial power of attorney are not sufficient or absent from an estate plan, a guardianship or conservatorship proceeding may be necessary to appoint someone to represent the person suffering an incapacity. In New York, a proceeding for guardianship can be commenced by a variety of parties, including, a distributee of the incapacitated person’s estate, certain fiduciaries, an interested party concerned with the welfare of the individual, or the incapacitated person himself. Incapacity is determined by clear and convincing evidence that the individual is unable to manage their own affairs and is unable to understand the consequences surrounding their inability in such a way that will likely cause harm to themself or others.Courts will consider a variety of factors when selecting a guardian, including the incapacitated person’s specific needs and the capabilities of the proposed guardian in meeting those needs.

Tax Planning for Required Minimum Distributions

Published on: September 16, 2015 | by Ettinger Law Firm

Not all investments are created equal. You investment portfolio may include a 401(k), individual retirement account, pension plan, or deferred compensation plan, among others investment vehicles. Whether your investment trust account is qualified under the Internal Revenue Code will determine the tax treatment of your contributions and withdrawals.

Qualified vs. Non-Qualified Investment Accounts

A tax-qualified account features the ability to contribute income to the qualified account and defer tax on the account funds. Typically, you must be 59 ½ to withdrawal funds from a tax-qualified account without penalty. Conversely, non-qualified accounts do not offer tax deferred treatment. When you withdraw funds from a tax-qualified account, your entire withdrawal will be taxable, as opposed to being taxed on only the growth of your non-qualified account. Qualified tax plans include, but are not limited to:

Nursing Home Contracts: Before You Sign On the Dotted Line

Published on: September 12, 2015 | by Ettinger Law Firm

At some point in your life you or a loved one may need full time care in a nursing home facility. As part of the process of being admitted into a nursing home you, on your own behalf or on behalf of a loved one, may have to sign a nursing home agreement that outlines the terms and conditions of your residency in the facility. This agreement, by whatever name it may be called, e.g., admission agreement, provider agreement, or nursing home contract, is a legally binding document that governs the relationship between you and the nursing home. For that reason it is important that you become familiar with the terms and conditions in the nursing home contract for your own benefit or to protect your loved one.

Understand Your Rights

Every nursing home resident has rights that nursing homes are required to honor. These rights include, among others, access to quality medical care, the freedom from discrimination and third party payment guarantees, and a complete and understandable disclosure of the facility’s rules and regulations. You have the right to be an active participant in your care, and be informed of your treatment, and the operations of the facility in which you or a loved one are a resident. However, sometimes nursing home facilities either ignore the rights of the patients in their facility, or act in a negligent manner. To the extent you have a dispute with the facility, residents have the right to assert your grievances to the nursing home, and even government officials, without the fear of reprisal.

Prepaid Burial Expenses: An Often Overlooked Part of Medicaid Planning

Published on: September 3, 2015 | by Ettinger Law Firm

When planning for the possibility of eventual nursing home admission, the key is not so much building up assets, but rather, spending as much as possible in ways that will not trigger penalties or ineligibility. So, some of the best tricks are finding exempt expenditures; these are things Medicaid allows you to spend money on without being considered part of your assets.

Prepaid burial

When it comes to the morbid topic of death, no one likes thinking about purchasing the last piece of property they will ever live on, but everyone does eventually die. Not thinking about it will not stop it from happening. Since we know death is inevitable, paying for that burial plot now will take that money out of the scope of Medicaid. There are also other alternatives that may qualify. Loved ones will have to shell out the money to bury you later anyway, so at least this money is now not going to the nursing home.

New York Nursing Homes Beware – Medicaid Fraud Under Fire

Published on: August 27, 2015 | by Ettinger Law Firm

New York’s Attorney General, Eric Schneiderman, unveiled a sweeping Fraud Control Unit designed to target healthcare providers who abuse the Medicaid system. According to the AG’s website, they are continuing to add dozens of prosecutors and investigators to keep up with reports and investigations. Nursing homes throughout the country are largely paid by Medicaid funds. To stay profitable, nursing homes must remain at near full occupancy. This often means cutting corners, refusing to transfer residents who need critical care or higher levels of care, and even billing for services that are not (or cannot be) provided. Below are just three simple examples of Medicaid fraud in nursing homes.

Billing for Services Not Rendered

When a resident goes to a skilled nursing facility, the resident and his or her family typically sign a contract and apply for Medicaid. At times, the application takes some time to be approved, but once it is, the money begins flowing to the nursing home, paying for whatever services are billed. There are fairly strict rules on what the facility can bill for and how much they are paid.

The Happiest and Healthiest Careers to Retire From – Part 1

Published on: August 20, 2015 | by Ettinger Law Firm

Forbes loves to tell us who the happiest workers are, or what the healthiest careers are. But no one seems to talk about post-job satisfaction. While these types of articles are generally highly subjective, we can certainly look at professions that tend to produce happier retirees. Whether these can actually be ranked is another thing altogether.

The following list focuses on just 3 areas of health and satisfaction: smoking rates, self-reported job satisfaction, and obesity rates. Obviously, there are plenty of other areas that play a role in health and happiness, but these are generally good indicators as well.

Nurses

Grisham’s Recent Sycamore Row Highlights Complications When Leaving Estate to a Caregiver

Published on: August 18, 2015 | by Ettinger Law Firm

John Grisham, internationally recognized author known for writing captivating legal suspense and drama, released a slightly different type of book in 2013. While most of Grisham’s stories center on violent crimes and courtroom battles, Sycamore Row makes a stark departure into the world of probate law.

Sycamore Row begins with the suicide of a wealthy landowner, Seth Hubbard. He drafts a holographic will and instructions for a trusted employee to deliver it to a small town lawyer. Hubbard knows that his will undoubtedly is going to cause a stir and lead to a will contest by his children. After all, he left the majority of this estate to his African American caregiver. The story details the struggles and litigation of the will contest, which seeks to undo his last wishes.

Holographic Wills

Greenhouses: A Growing Trend in Long-term Care

Published on: August 11, 2015 | by Ettinger Law Firm

When it comes to deciding how to spend one’s later years, institutional care is nobody’s first choice. However, there are times when family and professional home healthcare are just not enough. Beginning in 2003, a new concept has been sweeping across the country – The Greenhouse Project. These alternative living concepts are unique and offer the greatest possible autonomy for older adults who wish to age in place in a comfortable, home-like environment, while still maintaining high levels of skilled nursing care.

How are Greenhouses different?

Unlike traditional nursing homes, which can hardly be described as “homes,” these dynamic group homes allow groups of seniors to reside together in actual homes that are adapted to provide the required levels of care. In these homes, medical devices are inconspicuously hidden in cozy, discrete cabinets and whiteboards. Residents have separate rooms and share a common area and open kitchen concepts. At times, small pets are allowed. Employees are encouraged to participate in the house’s activities and some even reside with the residents.

Splitting Responsibilities Under Powers of Attorney: Typically Not Wise

Published on: August 6, 2015 | by Ettinger Law Firm

When it comes to powers of attorney, there are two basic types: property and healthcare. The person selected to make decisions is called the agent, and the person granting the authority is called the principle. Property powers of attorney are designed to allow the agent authority to sign documents, open and close accounts, and make many other types of financial decisions for the agent. Healthcare powers of attorney are designed to allow the agent to make medical decisions for the principle. Elderly parents often choose to split these two major responsibilities between two or more of their adult children. While this may seem fair, there are a couple reasons why it may not always the best choice.

Power Struggles

Imagine one adult child, likely the one given healthcare decision-making powers, has very strong opinions about the type of healthcare that should be provided. For instance, perhaps this child wants the very best and most aggressive care available, regardless of cost. Now imagine that the other sibling holds the power of attorney for property and wishes to be as conservative as possible in order to preserve the inheritance and to ensure the money lasts for the parent’s entire lifetime.