New York Elder Law Attorney Blog

Alzheimer's Disease International (ADI), a federation of 73 national Alzheimer's organizations, recently released a report on the economic impact of the disease. In the U.S., there are as many as 5.3 million Americans living with Alzheimer's and every 70 seconds someone in America develops the incurable illness. In 2010, there will be a half million new cases of Alzheimer's. Unfortunately, it looks like the disease is growing exponentially. In 2050, ADI predicts nearly a million new cases every year.

In 2006, Alzheimer's was the seventh leading cause of death in the country. While death rates are thankfully decreasing for heart disease, prostate and breast cancer, Alzheimer's deaths rose 46.1 percent from 2000-2006.

This disease is reaching epidemic proportions and has become a national crisis. Like all terrible illnesses, it discriminates against no one. Long term health costs continue to escalate. Caring for those affected with Alzheimer's and other dementias cost U.S. society a total of $172 billion, including $122 billion in costs to Medicare and Medicaid.

This tremendous strain on the already overburdened state and federal health care costs will only get worse if the U.S. government does not start to invest in substantial research for its cure. Certain evidence-based prevention strategies should be further developed immediately.

Alzheimer's Association is currently working to enact legislation, the "National Alzheimer's Project Office" (S. 3036/H.R. 4689), that will outline a national plan to overcome the Alzheimer's crisis. It will include strategic planning and coordination for the fight against the disease including initiatives for research, care and support.

"We need all Americans concerned about Alzheimer's disease to tell their representatives in Congress and the President to pass the Act [...]," said Robert Egge, Vice President of Public Policy for the Alzheimer's Association.

Families and friends are encouraged to contact their state senators and representatives to show their support for the "National Alzheimer's Project Office" bill (S. 3036/H.R. 4689).
A consultation with a New York elder law attorney is essential to know your rights and to avoid impoverishment if you or a loved one must care for someone suffering from Alzheimer's disease.

The information for this blog post was provided by the Alzheimer's Association. For further information, please visit The World Alzheimer Report 2010.

The recession has caused a dramatic new development in child rearing. According to a 2009 Pew Research Center study, 2.9 million children were being raised primarily by their grandparents in 2008 - up 6% from 2007 and 16% from 2000. The census data attributes financial problems as the chief cause of the sharp rise in seniors now having to assume more "traditional" child-rearing duties.

These duties will cause a real strain on seniors' budgets. Child care costs, like more groceries, clothes shopping, health care and activities can add up quickly. Depending on the length of time a grandparent will now be asked to assist in raising his/her grandchild, these expenses over time could be substantial.
These seniors may find themselves needing to readjust their time and money to accommodate their new and perhaps unexpected responsibilities.

In cases where resources are limited and already designated for long term care or nursing home expenses, it may make sense to consult with a New York elder law attorney. Prioritizing needs and allocating assets often takes an experienced counselor who possesses a broad view of existing financial and legal planning options. For example, a Medicaid Asset Protection Trust may be advisable to protect the assets ahead of time, since there is a five year "look-back" on this type of planning.

Statistic for this blog post came from The Wall Street Journal, 9/10/10

by Bonnie Kraham, Esq.

Most of us don't want to end our days in a nursing home, and would rather "age in place," so it's important to become familiar with available home health care services.

There are three major ways to pay for home health care: self-pay, long-term care insurance, or Medicaid, which is government provided health insurance for those whose assets have been depleted. Medicare, which is government provided health insurance for the elderly, only has limited community home health care. A New York elder law attorney can help to decide which one is the best option.

In general, "community" Medicaid programs, for home care, do not have a "look-back period," that is, Medicaid does not "look back" to see if any transfers (gifts) were made which would make the person ineligible for a certain period of time. Therefore, assets can usually be transferred before applying for community Medicaid without penalty, unlike the rules for "nursing home" Medicaid.

If you meet the asset and income rules, following is a list of some of the home health care services covered by Medicaid:

Personal Care Aide Program. Agencies, paid by Medicaid, employ aides who give custodial level services based on the Activities of Daily Living (ADL's) - feeding, toileting, grooming, bathing, ambulating and transferring. A patient must need help with at least two ADL's.

Consumer-Directed Program. The services are the same as above but the patient, or adult family member, selects the aides, rather than going through an agency. The home attendant cannot be an immediate family member.

Certified Home Health Aide Services. This program usually covers the cost for 45 days after hospitalization. The aide performs health care under the supervision of a registered nurse or licensed therapist. The covered activities include the ADL's and possibly skilled services such as special meals, and tube feedings if the patient is self-directing.

Lombardi Program. Also referred to as the "nursing home without walls," this is the long-term home health care program, the equivalent of a nursing home level of care. The cost for the care cannot exceed 75% of nursing home costs. Availability is limited. The Lombardi program and other similar programs have a five-year look-back period for any asset transfers which would create a "penalty period," or period of ineligibility for Medicaid.

To find other home health care services, contact your county's Office for the Aging for a list of local providers. Orange County (845-615-3700) or Sullivan County (845-807-0241) and Ulster County (845-340-3456)