New York Estate Planning & Elder Law Blog

Health Alert: Seniors and Mental Illness

Published on: May 3, 2019 | by Ettinger Law Firm

Mental illness is hard to spot in people. This is especially true for seniors. Part of the difficulty with identifying who may be suffering from a mental illness is the social stigma associated with mental illnesses and treatment for mental illnesses. If you yourself are experiencing cognitive decline because of aging or an underlying illness like Alzheimer’s Disease, it may be up to your close friends and family members to identify a potential problem and seek appropriate medical advice from a mental health provider.

1 in 5 adults aged 55 or order have had a mental health concern

The U.S. Centers for Disease Control and Prevention (CDC) reports that over 20% of adults aged 55 years or older have had a mental health concern but only two-thirds of this group have received treatment.

Under the Radar: Autism in Seniors

Published on: April 29, 2019 | by Ettinger Law Firm

Much needed attention is shined on children with autism. Recognizing signs of autism early during a child’s development to begin treatment and education relating to the disease for parents and caregivers has contributed to heightened awareness of the disease and its challenges. Less attention, however is being directed to seniors with autism.

What is autism?

A good place to start is in the beginning. Autism, or autism spectrum disorder (ASD), according to Autism Speaks, refers to a broad range of conditions characterized by challenges with social skills, repetitive behaviors, speech and nonverbal communication. The U.S. Centers for Disease Control and Prevention (CDP) estimates that 1 in 59 children in the United States today are affected by autism.

How to Reduce the Risks Associated with Estate Planning

Published on: April 27, 2019 | by Ettinger Law Firm

There are a number of risks associated with the estate planning process. Some of the risks involved with estate plans include how interest rates will change and how old the creator of the estate lan is when they die. Not to mentions, tax laws change frequently and depending on the alterations to the law that occur, a person’s estate plan could be greatly affected.

Fortunately, by following some important suggests, it is possible to greatly reduce the risks associated with successful estate planning.

# 1 – Determine What Risk Factors Exist

Pro Se Proceedings Advice after Pappas v. Phillip Morris Inc.

Published on: April 24, 2019 | by Ettinger Law Firm

In February 2019. The 2nd Circuit Court of Appeals heard the case of Pappas v. Phillip Morris, in which the plaintiff pursued Connecticut state law liability claim on behalf of her deceased husband’s estate. The district court previously dismissed some of the plaintiff’s claim on the basis that Connecticut did not allow the plaintiff to represent the estate of her husband pro se.

The conflict of the case, however, concerned Connecticut and federal law which when applied had different results to whether the plaintiff would be allowed to represent the estate pro se.

New York Pro Se Estate Lawsuits

The Key to Happiness in Nordic Countries is Reading, Coffee and Saunas

Published on: April 24, 2019 | by Ettinger Law Firm

Jimmy Soul wrote a song in 1963 called If You Wanna Be Happy. He suggests the following in his classic hit song:

“If you wanna be happy for the rest of your life

Never make a pretty woman your wife

Key Things to Know about Medicaid Spend Down

Published on: April 22, 2019 | by Ettinger Law Firm

Annual nursing home costs on the rise according to the New York Department of Health. As a result, the costs for nursing home care is beyond the financial resources of many New York residents. To pay the costs of Medicaid, many elderly individuals are dependent on Medicaid, which pays for residential nursing services and assisted living facilities.

To qualify for Medicaid, it often becomes essential for a person to spend down their savings until they qualify to receive Medicaid. Early planning and the assistance of a knowledgeable estate planning attorney are the best way to make sure that you qualify for Medicaid.

This article reviews some of the other important pieces of advice that a person should take into consideration when planning to spend down assets.

Elder Well-Being Alert: Healthy Heart Update

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

Cardiovascular diseases, like heart disease, affect adults 65 and older more than any other age group. A large part of the reason why this is so is because as people age, so does their heart. Aging changes the appearance and function of the heart. In severe cases, a blood vessel can become so clogged that it will trigger a heart attack because cholesterol is blocking the flow of blood to the heart.

How doctors check your heart

Doctors perform a series of medical tests to determine the health of your heart. They include checking your blood pressure and ordering blood tests. The blood test will help them identify if your blood vessels contain cholesterol or certain proteins. Cholesterol is dangerous because if too much of it accumulates a blood vessel may be blocked causing a heart attack or stroke. Proteins reveal if there is inflammation in the body. The doctor will also order an electrocardiogram (ECG or EKG) to look at the electric activity in your heart. A chest x-ray is part of the usual workup to determine heart health and can determine if your heart is enlarged or your lungs contain too much fluid, signs of heart failure. An echocardiogram is a test involving sound waves that can detect and monitor heart disease. Lastly, the doctor can order a stress test, which is applying stress to the heart, in order to measure how it is performing.

How to Recover Hearing You’ve Lost

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

As we age, our hearing, like other functions diminish. When age- related hearing loss occurs, it is gradual and tends to affect both ears equally – what you cannot hear on the left side of your face is the same as what you cannot hear on the right side of your face. Doctors call this medical condition presbycusis or age-related hearing loss.

Why hearing loss occurs

Hearing loss is caused by noise aging, disease, and hereditary reasons. Hearing loss effects how people listen and then communicate with others. Because there are gaps with what is heard, the person suffering hearing loss may appear confused or misunderstand the context of the conversation. The National Institutes of Health (NIH) found that approximately 1 in 3 people between the ages of 65 and 75 have hearing loss. They also found that half of the people over 75 have difficulty hearing. Both groups, have the same difficulty admitting they are experiencing hearing loss or hearing difficulty.

Estate Planning Scams about which You Should Be Aware

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

There are a number of potential scams about which you be mindful when performing estate planning. In addition to things like large fees and trust mills, estate planning scams can also include advisors who offer inaccurate legal advice. The purpose of this article to review some of the most tips that you should follow to decrease your chances of following victim to an estate planning scam.

# 1 Do Not Wait to Create an Estate Planning

Most people have some wish or desire that they want to reflect in an estate plan. This can include the creation of a special needs trust or assets that a person would like to pass to loved ones. Even though it is true that estate planning documents help to avoid the uncertainty about how a person’s estate should be handled, a large number of people wait to create an effective estate plan. This increases a person’s chances of ending up victim of an estate plan because elderly individuals are the group most susceptible to estate planning scams. This is because a large number of elderly individuals suffer from reduced capacity and more likely than others to end up making poor decisions about how their estate should be handled.

Estate Planning Details to Always Disclose to Your Estate Planning Advisor

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

To create the best possible estate plan, it is critical to not only tell your advisor important information about your case. It is also critical to be honest. Failure to honestly disclose information about your financial status can lead to a number of serious complications and can sometimes even require your advisor to perform estate planning all over again. Unfortunately, there are a number of important things that people forget to disclose their estate planning advisor, which is why this article will list some of the important things that you should remember to mention.

# 1 – Family Issues

Many people with challenging family issues can find these matters difficult to discuss even though they have the potential to greatly interfere with a person’s estate plans. Often, an experienced estate planning attorney can help create estate plans that take these issues into considerations. For example, in situations where a person has an adult child with substance abuse, it might be possible to create a trust or other type of estate planning device to pass assets to the child. In deciding whether details should be disclosed to an estate planning lawyer, it is important to inform an estate planning advisor about any former spouses, any child support that you pay, any existing legal agreements in your family, or any relationships that you might have that could lead to financial obligations.