New York Estate Planning & Elder Law Blog

Eroding Gains from Part D Medicare

Published on: August 27, 2014 | by Ettinger Law Firm

When Medicare was expanded in 2003, the expansion that established prescription drug coverage was called a “promise, a solemn promise, to America’s seniors.” Part D Medicare officially took effect in 2006, but still some seniors were afraid of falling into the infamous “doughnut-hole” coverage gap.

Initial Benefits of Part D

In Part D’s first few years, national data has shown that the program had helped seniors make progress with their prescription drugs. Overall, out of pocket costs decreased for medication, seniors took their medication more regularly, and were less likely to forego basics like food or heat in order to afford for their prescriptions.

Two Estate Planning Documents Every 18-Year Old Should Sign

Published on: August 22, 2014 | by Ettinger Law Firm

Many people believe that estate planning is only for the elderly or those at retirement age. However, there are some documents and tools within estate planning that should be considered at a much earlier age. If you have a child that is about to leave for college or go on a gap-year trip there is one last thing that you should do as you prepare for the separation: ask your child to sign a durable power of attorney and health care proxy forms.

Why These Forms are Important

Estate planning forms like a durable power of attorney and health care proxy forms are important for a number of reasons. Without them, most states will not allow a parent of an adult child to make health care decisions or manage money for their kids. This applies even if the parent is paying for college, claiming the child as a dependent on tax returns, and still covers their kid for health insurance. Without these estate planning forms if your child is in an accident and becomes disabled, even temporarily, you would need a court order to make decisions on their behalf.

Three Important Estate Planning Questions to Ask Your Spouse

Published on: August 22, 2014 | by Ettinger Law Firm

Estate planning is not many couples’ idea of fun, but it is necessary to ensure that your loved ones are cared for after you are gone. An experienced estate planning attorney can handle drafting the proper documents and explaining the law behind estate planning; however, there are three important questions that you should address with your spouse or significant other regarding an estate plan.

How well does my spouse know my estate planning attorney?

If you are the one in charge of the estate planning process and the finances of the family, it is possible that your spouse has never met, or only met once, your estate planning attorney. Perhaps they met to briefly sign some papers, but the client/advisor relationship is not very strong.

Nursing Home Offering Care for Elderly Drug Addicts

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

The Jewish Home Lifecare nursing home is starting a new program later this month geared towards patients suffering from both elderly ills and addiction issues. This unusual rehabilitation program is the first of its kind in the country. Traditionally, nursing home patients that have the complication of alcohol or prescription pill addiction are considered “undesirable admissions” and have been a population that nursing home communities have shied away from.

Why Elderly Addiction is Dangerous

Elderly adults often have addiction issues that go unnoticed. It can stem from a lifetime of drug and alcohol abuse or come from a recent misuse of doctor prescribed pharmaceutical drugs. Alcohol abuse can be particularly dangerous because as a body ages it metabolizes alcohol differently. In addition, it can cause serious interactions with any medications that a senior may be taking. A general stigma surrounding the subject also prevents people from discussing the mental illness in the elderly that can come with substance abuse.

Getting Nurses Back in Nursing Homes

Published on: August 18, 2014 | by Ettinger Law Firm

With the name “nursing home” most people assume that registered nurses are always on the premises. However, some of the time that is not the case and in certain nursing home facilities, most of the time. This is because of an old law from 1987, and lawmakers today are attempting to rectify the situation.

Old Registered Nurses Law

In 1987, a federal law was enacted that required registered nurses to only be on-site at nursing homes for eight hours per day. This rules applied regardless of the size of the facility. Supporters of the law at the time realized that in a building of sick and ailing elders a health crisis could arise at any time, but the legislation required compromises to be passed that included reducing registered nursing hours.

Celebrity Legacies Teaching Lessons About Estate Planning

Published on: August 18, 2014 | by Ettinger Law Firm

A new show premiered on the Reelz Channel this week called Celebrity Legacies, a documentary series highlighting the estates of famous deceased celebrities. The show explores a different celebrity’s estate plan every week, discussing their legacy, estate, and problems that arose after the celebrity’s death. It also explains how a celebrity’s estate can continue to increase after their death and why some deceased celebrities still make the “highest paid” lists years after they are gone.

Premiere Episode: James Gandolfini

The premiere episode of the series focused on the estate of James Gandolfini, and subsequent episodes include famous names like Anna Nicole Smith and Jim Morrison. Gandolfini died unexpectedly of a heart attack at age fifty-one in 2013 while on vacation in Italy with his son. The actor, known primarily for his work on the television show The Soproanos, left behind two children from two different marriages and a messy, largely unfinished estate plan.

When Elderly Parents Lose Their Independence

Published on: August 15, 2014 | by Ettinger Law Firm

Whether it is moving to a retirement community, nursing home facility, or simply closer to the kids the changes associated with moving an elderly parent or relative can be fraught with stress and logistically challenging. There are few transitions in life more difficult for a person than when a senior needs to give up their home and independence. Giving up a house and friends of many years is an emotional and difficult experience for everyone involved.

Easing the Transition

There are many different ways to ease the transition for your loved one, but the most important is giving the older adult the opportunity to make their own choices about the decision. In addition, planning ahead for this type of transition is also a big help for everyone involved. Making plans early, instead of waiting for an emergency to hit, goes a long way in minimizing the stress for everyone.

Estate Planning Issues Involving Pets, Pt. 2

Published on: August 14, 2014 | by Ettinger Law Firm

In the first part of this article the importance of planning for pets in the estate planning process, common reasons why pet planning often fails, and the documents needed for proper pet planning were discussed. However, there are other issues that must also be reviewed when including a pet in the estate planning process.

Issues to Consider When Planning for a Pet

Regardless of the document(s) you choose to develop your estate plan for your pet, the following issues also need to be considered for their wellbeing and needs. By clearly detailing every one of the following aspects you can be sure that your pet will be properly cared for in your estate plan.

Estate Planning Issues Involving Pets, Pt. 1

Published on: August 13, 2014 | by Ettinger Law Firm

Legally, pets are considered personal property of their owners, but for many people their pets mean so much more than any piece of furniture or inanimate object. They can be a person’s best friend, companion, and family. When a person begins the estate planning process the pets need to be addressed, as well.

For many people, the wellbeing of their pets is not a concern in the estate planning process, and unfortunately it can lead to the abandonment or euthanizing of the animal once the owner is gone. The only way to protect pets after the death of the owner is through legally binding estate planning documents. Allergies, conflicts with other pets, and exclusion of pets in rental agreements are the most common reasons why informal promises made by friends and family members to take care of a pet often fail.

The idea of legally enforceable documents that ensure a pet’s wellbeing in estate planning is a relatively new concept. Mockery in the press is also another reason why people do not seriously consider providing for pets in an estate plan, even if the remainder of the funds is set to go to an animal charity or other worthy endeavor. The most well-known example of this was Leona Helmsley, who left millions for her dog, Trouble, in a pet trust. Sadly, she was ill-advised when creating the trust, and her wishes were never fulfilled.

Court Says Caregivers Cannot Sue Alzheimer’s Patients

Published on: August 12, 2014 | by Ettinger Law Firm

The California Supreme Court ruled that people suffering from Alzheimer’s disease are not liable for injuries that they may cause to paid, in-home caregivers. The court ruled in favor of a couple sued by their in-home caregiver when she was hurt by the wife, who suffers from Alzheimer’s disease.

Facts of the Case

In the California case, Gregory v. Cott, the facts were undisputed. In 2005, Bernard Cott hired Ms. Gregory as a paid, in-house nurse to help care for his wife, Lorraine, who was suffering from Alzheimer’s disease. Ms. Gregory had worked with other Alzheimer’s patients in the past and was specifically warned that Ms. Cott could be combative by biting, scratching, flailing, and kicking.