New York Estate Planning & Elder Law Blog

What are Long-Term Care Hospitals?

Published on: September 26, 2019 | by Ettinger Law Firm

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. Much of the time will be spent in a combination of hospitals, skilled nursing home, and specialized rehab facilities.

The high and low spots

Patients in their 60s with musculoskeletal diagnoses, like complications from a hip fracture or joint replacement, do better in L.T.C.H. institutions then people over 80. A high number of patients that are transferred to L.T.C.H facilities from hospitals have undergone a medical procedure called a tracheostomy. Also called a stoma, a tracheostomy is a surgical opening in the windpipe to accommodate a breathing tube that is attached to a ventilator. This procedure is commonly performed on patients who suffer from chronic and severe lung disease and neck cancers among other neck and voice box disorders.

What Happens to Digital Currency following Death

Published on: September 23, 2019 | by Ettinger Law Firm

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 also present some challenges.

For one, when the owners of digital currency die or become incapacitated, digital currencies can make the transfer of assets much more complex. This is because traditional estate planning documents were not designed to address the numerous challenges that can arise with digital currency.

Estate Planning Issues for Couples who Marry Later in Life

Published on: September 21, 2019 | by Ettinger Law Firm

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 to remarry later in life.

# 1 – Determine what Each Person Brought into the Marriage

Caring for Parents with Dementia: Legal Considerations

Published on: September 21, 2019 | by Ettinger Law Firm

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 be sorted out, hopefully before the onset of the worst conditions.

The first step when caring for a parent is to assess their mental capacity. It is important that you seek medical guidance, including a diagnosis, when you observe signs of dementia. If your parent has been diagnosed with dementia-causing illnesses, like Alzheimer’s or Parkinson’s disease, adjustments should be made to all legal and financial matters.

Durable power of attorney

Opioid Crisis at Home: Rise in Elder Abuse Tied to Opioid Epidemic

Published on: September 17, 2019 | by Ettinger Law Firm

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 with the purchase of commercial real estate property and had the opportunity to talk to the sellers at the property closing. I was surprised to learn that the building had been a family restaurant, in business for nearly eighty years. I asked the sellers why they were selling their business. They told me that they could no longer keep running it. They continued to share that they have two adult children battling opioid addiction.

The dad confided further that their children used to break into their restaurant and steal steaks and seafood to fund their drug habit. They were tired of hiding their valuables around their children and were having a difficult time anticipating what they would raid next. When the kids started breaking into the business, they knew they could not keep it going. In addition, they have grandchildren that they are raising as the primary caregivers because their children and their partners were not able to care for the young ones.

Reasons to Routinely Update Beneficiary Designations

Published on: September 14, 2019 | by Ettinger Law Firm

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, it is vital to make sure that beneficiary designations on individual retirement accounts are properly updated.

After all, there are a number of events including births and deaths, which can greatly impact a person’s estate plans.

Irrevocable Trusts and Divorce: Words of Caution

Published on: September 12, 2019 | by Ettinger Law Firm

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 reality, divorce changes a number of things about asset ownership as well as forever alters plans that a couple might have for the future.

If you’re navigating the divorce process, you might encounter irrevocable trusts.

Preventing Deed Fraud and Mortgage Scams

Published on: September 8, 2019 | by Ettinger Law Firm

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 occurs when someone steals your identity, forges your name on a deed, and takes title to your home. The homeowner only becomes aware of the fraud when a third-party tries to collect on a mortgage or debt. Seniors are often targeted as unknowing participants in mortgage scams, especially surrounding reverse mortgage products. The purpose of the scam is to steal the equity from your home. Beware of any offer for a free home, investment opportunity or foreclosure or refinance assistance. No reputable company will be calling you cold or knocking on your door with offers that sound too good to be true.

The new laws passed in New York to protect homeowners are as follows:

Divorce and Estate Planning: Advice to Follow

Published on: September 6, 2019 | by Ettinger Law Firm

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 any estate plans. Tragedy strikes and the husband or wife does not survive. Because the deceased person’s will was never change, all of their assets are inherited by the estranged spouse rather than the deceased person’s family.

This story demonstrates why it is important to revise your estate plans during a divorce. In addition to making certain that estate planning advice is followed, this article reviews some of the other important advice that you follow after a divorce.

# 1 – Update Your Healthcare Proxy

Lessons Learned from Northport Health Services v. Posey

Published on: September 4, 2019 | by Ettinger Law Firm

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 by Northport, which included an arbitration agreement. Northport then sought to compel arbitration and the district court granted this motion. The brother then appealed claiming that the district court misapplied the third-party beneficiary theory to the case because there was no underlying agreement between the Posey family and Northport.

Making the decision to place a loved one in a rehabilitation center after they are in the hospital can be a difficult decision. Reviewing the associated terms of any agreements concerning a loved one’s care are just one of the many things that you should make sure to do. Fortunately, by following the advice below, this process can be made much easier.

# 1 – Plan for Discharge as Soon as Possible