Elder Law

Bronx Nursing Home Offers One-of-a-Kind Dementia Care

Published on: October 2, 2012 | by Ettinger Law Firm

In recent years there has been a push to alter care for seniors with dementia. Most arguments about superior elder care focus on limiting medication-only treatment options. These “chemical restraints” are still overused, with seniors in many nursing homes lulled into a near-stupor as a result of antipsychotic medication. In overcrowded or understaffed long-term care facilities, these drugs are often the only way that caregivers feel that they can handle the challenges that come with dementia and Alzheimer’s care.

However, just because medication is the most common way to deal with a resident with dementia does not mean that it is the best way. In fact, many elder care advocates argue that the best care steers clear of overuse of medication and provides tailored care that focuses on the individual senior and not the cognitive disease.

What does that individual care look like? One Bronx nursing home is receiving national plaudits for its work on the issue.

Free Lunches, Legal Information, & Long-term Care Insurance

Published on: September 26, 2012 | by Ettinger Law Firm

A new book is being released entitled “The Adventures of a Free Lunch Junkie.” The author, an 86-year old retired man, wrote the interesting tome based on his goal of eating at 50 “free lunches” over the course of a year. Most of the lunches were obtained during seminars, explaining concepts like estate planning, elder law, financial planning and more. Local seniors obviously know how popular these events are for learning about issues that may affect your latter years. In fact, many clients at our firm first learned about our services after attending one of these seminars.

The author is quick to point out that the book is not an “expose” but a simple satire. It was recently summarized in a LifeHealthPro article.

The book is chalk-full of humor, often highlighting the good (and bad) of the specific meals he received. However, the author importantly notes that there was one free seminar he attended that hit home on the need to plan for senior healthcare. He notes that while he was attending many events as part of his book project, the lessons shared were not ignored. In particular, he was convinced of the immense value in having a long-term care insurance policy. The elder law attorneys at our firm often recommend LTCI as part of prudent senior planning.

Man Tries to Kill Senior Girlfriend in Nursing Home for Financial Reasons

Published on: September 25, 2012 | by Ettinger Law Firm

It is perhaps every senior’s worst nightmare: a dispute over their finances influences the care they receive in their later years. It seems self-evident that nothing should get in the way of making medical and caregiving decisions based on maximizing a senior’s quality of life–not maximizing an inheritance for others once a senior passes on. Unfortunately, case after case demonstrates that some elderly community members suffer in their later years unnecessarily for financial reasons–not because they cannot afford proper care but because other want their money.

This confluence of elder law and estate planning was perhaps most vividly illustrated by a case discussed this week in SF Gate.

According to the story, a 63-year old woman was staying at a local care center because she was not able to care for herself at home. The details of her family situation are not known, however, she had been dating a 67-year old man for the past three years. Unfortunately, the boyfriend appears to have been motivated in the relationship mostly by the way that it could benefit him financially.

Can Doctors Protect Retirees from Fraud?

Published on: September 11, 2012 | by Ettinger Law Firm

As more and more information emerges about the true scope of senior financial exploitation, senior care advocates are leaving no stone unturned when it comes to tackling the problem. The latest statistics from MetLife suggest that, amazingly, one out of every five seniors over 65 years old have already be victimized financially in some way. At a general level it seems that prevention can take three forms: better educate seniors to stop it, better educate interested third parties to identify problems, and improve law enforcement efforts to catch wrongdoers.

Ensuring seniors are able to spot scams themselves seems like an obvious way to cut the problem significantly. However, that comes with many challenges, because the entire issue is rooted in seniors inherent vulnerability. Those with early stages of Alzheimer’s and other dementias are often the most at risk of being taken advantage of. For that reason, many suspect that intervention of third parties, like elder law attorneys and financial professionals, is crucial.

New Advocate to Prevent New York Elder Fraud

The Connection Between Senior Lifestyle and Longevity

Published on: September 5, 2012 | by Ettinger Law Firm

Aging in place is almost always preferable to being forced to move into a long-term care facility. New York City elder law estate planning attorneys work with residents to ensure they are able to stay in their own homes as long as possible. Yet, it is a mistake to simplify the aging process as merely an effort to live on one’s own indefinitely. Research continues to pour out examining the range of lifestyle issues that affect seniors. The studies are important to consider in the broader context of planning to not only live, but thrive, in one’s golden years.

For example, last week MedPage Today profiled a new study on longevity and maintaining an active lifestyle. Published by the BMJ Group (full study here), the researchers found that those who were over 85 years old lived, on average, 4 extra years if they maintained an active lifestyle. Physical activity was found to be the best indicator of longevity when other factors were held constant, like smoking and weight.

Social interactions were also found to be pivotal in longevity. This is one of many reasons why New York elder law attorneys urge nursing home decisions to be based on proximity so that family visits can be frequent. The BMJ study found that those with a rich social network, were married, or had frequent contact with relatives lived a few years longer on average when all other factors were held constant.

Bringing in a Third-Party to Resolve Eldercare Disputes

Published on: August 30, 2012 | by Ettinger Law Firm

Elder care encompasses a wide-range of issues, from day-to-day lifestyle concerns to potential long-term care moves. The issues progress over time for most families. They begin with family questions about whether a senior should continue driving, for example, and advance to consideration of moving into an assisted-living home or even a skilled nursing facility is prudent.

One common theme in all of these issues is disagreement. For example, several adult children may disagree as to whether a senior should pursue alternative living arrangements or whether funds should be spent on at-home care. Or perhaps all the children are in agreement but the parent is steadfast in their belief that they do not need extra help. The problem is usually more pressing when the senior is suffering from any form of cognitive challenges–like Alzheimer’s or other dementias.

Fortunately, more and more families are coming to appreciate the crucial role that a third-party can play in these situations. New York elder law attorneys often provide critical information which settle issues concerning caregiving, living arrangements, estate planning, inheritances, and similar facets of the aging process.

Federal Report: Key Indicators of Well-Being for Older Americans

Published on: August 23, 2012 | by Ettinger Law Firm

There is a misconception that New York elder law estate planning is all about money. While finances are obviously central to this field, at the end of the day the main concerns are long-term well being. That is particularly true in the context of elder law. Ensuring adequate resources for long-term care is important but only insofar as those resources can be used to ensure one’s golden years are filled with happiness, contentment, and an ability to thrive as a human being.

In that way it is important to keep a focus on the overall factors that contribute to well-being in the senior population. One helpful, comprehensive report on this subject was recently released by the Federal Interagency Forum on Aging-Related Statistics. A full copy of the research findings can be found Here.

The authors summarized the effort as one based on the notion that “it has become increasingly important for policymakers and the general public to have an accessible, easy-to-understand portrait of how older Americans fare.”

Cost of Long-Term Care Insurance Rocketing

Published on: August 21, 2012 | by Ettinger Law Firm

When working on a plan for a local resident, our New York elder law attorneys often advise on the importance of long-term care insurance (LTCI). Where affordable, long-term care insurance is an incredibly powerful tool that both protects assets from the possible costs following disability and creates an avenue by which seniors can receive at-home care to age in place. In some cases LTCI is coupled with a Medicaid Asset Protection Trust. In these cases, it may be helpful for the LTCI to be purposefully underfunded to provide a somewhat more affordable, but still helpful, approach to planning for possible care needs down the road.

In any event, while LTCI has clear benefits, it remains out of reach for some residents. The main problem is the cost–this insurance is expensive. Unfortunately, there are no signs that LTCI is going to get more affordable any time soon.

A story this week from the NY Daily News, for example, explores how some companies are raising rates and even getting out of the LTCI business. There are radical transformations taking place in the industry, which may have consequences on many local families wanting to protect themselves with this insurance.

Failure to Update a Plan Nightmare

Published on: August 3, 2012 | by Ettinger Law Firm

Estate planning takes time. Unfortunately, considering the daily time stresses faced by all local residents, our New York elder law estate planning attorneys appreciate that there is often not a sense of “urgency” with this planning. It is usually a task that gets pushed to the side while day-to-day choeres are dealt with.

Yet, there are many individuals out there who can testify about the consequences of failing to plan their estate.

For example, one recent editorial shared that story of a husband and wife who had been married for one year. The husband was waiting for a liver transplant and despite his precarious health situation the couple did not do any estate planning, thinking they had “plenty of time.” This would prove incredibly harmful for the family.

Medicaid and Pension Obligations Pressuring State Budgets

Published on: July 26, 2012 | by Ettinger Law Firm

A new report from the “State Budget Task Force” released last week found that two issues were by far the most pressing for state and local government budgets: pensions and Medicaid. The full report can be viewed HERE.

Chaired by former New York Lieutenant Governor Richard Ravich, the group creating the report examined six states (including New York). Much focus was placed on currently unfunded New York Medicaid and pension obligations. It is unsurprising that these two issues are at the top of the list, and our New York elder law estate planning lawyers know this is even more reinforcement of the vital need for residents to plan for retirement and elder disability issues on their own.

In issuing the report, Ravitch argued that the problems extend beyond the recession. Instead, the report claims that the underlying financial concerns are far greater than a simple drop in revenues and increased need for aid services due to the economic climate. Like all similar reports of this nature, the author claims vast structural changes are needed to account for the looming fiscal crisis.