Long Term Care Planning

Outrage After Seniors Kicked Out of New York Nursing Home

Published on: April 1, 2014 | by Ettinger Law Firm

Elder care advocates are understandably up in arms following reports about questionable evictions from a Brooklyn facility catering to seniors. The sad situation is a reminder of the continuing struggles faced by so many local families in their quest for quality, reliable long-term care and support. It is also a troublesome sign that most communities remain drastically unprepared to provide the aid that will be needed in coming decades as the New York population ages.

NY Nursing Residents Evicted After Facility Closure

As reported by the NY Daily News last month, a group of over 100 Brooklyn seniors are currently scrambling to find alternative living arrangements following the announcement of the sudden closure of the Prospect Park Residence. The Park Slope facility has been a home for senior for over 15 years. But that will end in May, as the facility is slated to shut its door by the beginning of June.

Good News Following Ulster County Nursing Home Sale?

Published on: March 21, 2014 | by Ettinger Law Firm

The face of New York nursing home care has been changing in recent years. The traditional model of individual counties throughout the state owning and operating facilities to provide care to ailing seniors is being phased out in may places. Instead, the counties are selling the homes to private companies to operate. The moves are spurred in almost all cases by financial realities–the facilities are too expensive for the county to operate.

Understandably, elder advocates worry about the effect of the change on senior care. In the past, some analyses have suggested that privately-run nursing homes, on average, show more “deficiencies” than their public counterparts. The assumption is that private homes are motivated by profit and more willing to cut resources to residents and refuse to pay wages for the best caregivers in order to boost their bottom line.

But is is important to remember that no two homes are identical, and “averages” do not mean that all privately run homes are rampant with neglect and need to be avoided. Early reports out of Ulster County, for example, offer a hopeful reminder that quality decreases may not automatically follow private nursing homes sales.

Understanding Senior Citizen Driving Risks

Published on: December 10, 2013 | by Ettinger Law Firm

The aging process is never easy–for the senior or their family. Thoughts of mortality aside, the challenge of dealing with the day to day vulnerabilities of elderly friends and family is something that is impossible to fully appreciate until you experience it first-hand. From figuring out how to get groceries, doing to the laundry, emptying the dishwasher, and countless other tasks, seniors who are facing physical and mental decline connected to their age have a myriad of daily struggles.

One of the most acute challenges faced by aging New Yorkers relates to driving. It is easy to forget how much one relies on driving until the privilege is taken away. Considering the importance of driving, it is little wonder than most seniors do everything they can to keep their traveling options open, even when their frailties make it unsafe. Friends and family members of New York seniors must be prudent about monitoring this risk and stepping in when necessary.

Senior Driving Fact Sheet

Onondaga County Officially Transfers Ownership of Nursing Home to Private Firm

Published on: December 6, 2013 | by Ettinger Law Firm

The changing face of New York nursing home care continued this weekend as another county officially got out of the elder care business. As reported by Syracuse News, the Van Duyn Home and Hospital was transferred by Onondaga County to the “Upstate Services Group” — a private company that owns at least eleven other New York elder care facilities.

This transition was in the works for quite some. The news report explains how the facility has long-been plagued by accusations of poor care on top of acting as a huge financial burden for the county itself. In fact, Van Duyn was under intense scrutiny from federal regulators for its poor caregiving track record. That is on top of more than a dozen private civil lawsuits filed by former residents and their family members against the county alleging negligence.

The financial issue combined with care quality concerns led many to suspect that the 500-bed facility would be shuttered. However, with this transition to private ownership, it appears the the facility is safe–at least for now. Interestingly, one of the main concerns with sales of public facilities to private companies is the risk of a decrease in quality for residents. However, in this case, because of Van Duyn’s poor track record in the past, there were less complaints of that nature.

Online Sharing Considerations for Elder Caregivers

Published on: December 3, 2013 | by Ettinger Law Firm

Checking Facebook, updating Twitter, adding a quick blog. These tasks are becoming ubiquitous among all New Yorkers, including older residents. Social media is a critical part of many lives, and it is the primary way that some stay in touch with family, friends, and acquaintances. However, the medium has risen in popularity so quickly that many rules and customs about how to use these services have yet to develop. For that reason it is important to step back and ensure that you are following best practices when it comes to how you are sharing information via these web programs.

For example, last week Forbes published an interesting story that discusses some social media considerations unique to elder caregivers.

Most importantly, advocates are issuing a call for prudence and caution when posting information about the health and well-being of seniors. Privacy concerns should be considered carefully, particularly when discussing others who may not be able to consent to the information being made available to anyone online.

Understanding “Specialty” Trusts

Published on: November 19, 2013 | by Ettinger Law Firm

Many New Yorkers remain unfamiliar with the benefit and flexibility of using trusts to plan for the future and protect assets in the present. Trusts can prove useful for all residents, including most middle class families. In our work with estate planning, we often help set up basic living trusts which help avoid probate and streamline the inheritance process. On the elder law side, Medicaid Asset Protection Trusts are used to protect assets from the “spend down” requirement needed to qualify for Medicaid and secure necessary long-term care.

Beyond those two trusts, however, there are many other options that may prove useful depending on your specific situation. A LifeHealthPro article last week discussed a few “specialty” trusts. A review of the topic is a helpful way to get an idea of the true scope of trusts and the many different ways that they may be used to carry out very specific wishes.

For example, some of the trusts mentioned in the story include:

Guardianship over Personal Affairs and Property: Not Just for the Incapacitated

Published on: October 23, 2013 | by Ettinger Law Firm

Many of us can relate to growing concerns over loved ones as they continue to age and require more assistance. It can be challenging to meet these changing needs while still recognizing that our elderly loved ones are capable of performing some tasks on their own. It may seem obvious that legal remedies exist for those addressing extreme issues brought up by dementia and other forms of degenerative disease in elderly family members, who may entirely depend on a third party for assistance with daily life activities. What may not be as obvious is that those solutions are legally available to help address our elderly loved one’s needs without necessarily having them declared incompetent, while also enabling them to utilize a proper degree of autonomy.

New York Law

New York Mental Hygiene Law Article 81 was enacted to provide those seeking guardianship, and the Courts, the opportunity of using the least restrictive means of intervention in order to meet the specific personal or property management needs of the elderly individual while still maintaining an appropriate level of independence based on their capabilities. Specifically, Section 81.02(a)(2) of the Article provides that the Court may appoint a guardian to provide for the personal or financial needs of a person without having them declared incompetent, so long as that person agrees to the appointment. This becomes especially relevant in those situations where an individual is just starting to exhibit the first signs or symptoms of a degenerative disease affecting their mental capacity.

Bill of Rights for New Jersey Seniors in Continuing Care Communities – Should We Follow Suit?

Published on: October 22, 2013 | by Ettinger Law Firm

Seniors in Continuing Care Communities in neighboring New Jersey are about to have many new ways to protect their rights and obtain better care. On Thursday, October 17, 2013, New Jersey Governor Chris Christie signed the “Bill of Rights for Continuing Care Retirement Community Residents in Independent Living (CCRC).” The bill covers a wide range of issues facing residents in CCRCs, including a resident’s entry into a facility, communication between the facility and the resident, financial issues, and termination of services. The bill also provides for penalties ranging from $250 to $50,000 for violations of the provisions of the bill.

The bill includes the following rights:

· Each resident will be treated with respect, courtesy, consideration, and dignity;

Final Report Issued by Federal Long-Term Care Commission

Published on: September 24, 2013 | by Ettinger Law Firm

You may remember that on New Year’s Day of this year, a large piece of legislation was passed by Congress and signed by President Obama. The bill was the one that (temporarily) avoided the fiscal cliff. It was the measure that seemed to permanently set the estate tax rates among other things.

At the same time, the legislation also called for the creation of a Long-Term Care Commission. Comprised of 15 members, selected by both Republican and Democratic leaders, the group was given six months to hold hearings, debate, discuss, and create a report on various issues regarding long-term care nationwide. More specifically, the entity’s specific charge was to “develop recommendations for the establishment, implementation, and financing of a comprehensive, coordinated, and high-quality system that ensures the availability of long-term services and supports for individuals who depend on this system to live full and healthy lives.”

The Recommendations

Do Black New York Seniors Receive Worse Nursing Home Care?

Published on: September 20, 2013 | by Ettinger Law Firm

A new study from researchers out of Rochester, New York took a look at quality of care trends from 11,500 nursing home and compared them with the racial make-up of residents in those homes. The summary finding from the project which is making headlines is that long-term care facilities with a higher percentage of black residents provide lower quality care.

First published this summer is a publication known as Health Services Research, the investigation involved analysis of data related to quality of care as well as financial performance over a five year period (1999-2004). Most information was culled from reports provided by the Medicare and Medicaid programs. Those facilities with zero residents on those programs were not included in the research.

The Connection Between Revenue and Nursing Home Care