New York Elder Law Attorney Blog

The reverberations of Hurricane Sandy's impact on the city are far from finished. We will be cleaning up and adapting for many months--likely years--into the future. Considering the predictions of some, we may even have to deal with large storms of this magnitude on a far more consistent basis. It affects all areas of life--including things like senior care and nursing home operations.

Many New Yorkers were shocked to learn of the goings-on at some long-term care facilities hit hardest by Sandy. Stories have been told of seniors stuck in upper levels of flooded facilities for days without power. Many questions have been raised about the management of the long-term care facilities and confusion over why the senior residents were not evacuated. In fact, in large part because of the struggle with NYC nursing home evacuations during Sandy, the Center for Medicare and Medicaid Services (CMS) will release new disaster planning for all nursing homes in the coming year.

Looking to the future, local residents are advised to understand evacuation plans for long-term care facilities where loved ones reside--or to ask about such plans when making nursing home choices. An AARP story recently profiled nursing home evacuation plans, pointing out the critical issues that facility caregivers need to consider. It is worth browsing the list to get an idea of the questions that owners and operators in New York need to be asked to ensure that seniors are protected in case any manner of natural or man-made disaster strikes requiring quick action.

As the post pithily explains: "You may not be able to control an explosion, earthquake, hurricane, power outage, terrorist attack or other catastrophic natural or human-created events. But, you can make sure you know what will happen to your parent or someone else dear to you should there be one."

There are no one-size fits-all evacuation plans. In fact, some plans need to be adapted on a per-resident basis, because needs vary considerably. For some seniors, it is not a difficult matter to load onto a vehicle and move to a safe location in a timely manner. For others, transportation and alternative living arrangement come with their own inherent dangers that need to be considered. For these residents, "sheltering in place" may be the most prudent choice. But no matter what, it is important that operators have a specific play in place to deal with all of these contingencies.

For help understanding the many different issues connected to finding the appropriate nursing homes for a loved one and paying for their care, consider contacting our New York elder law attorneys today.

From suspicious claims in an email to unsolicited letters, most of us assume we are not naive enough to fall victim to a financial scammer. This is a mistake. It takes only a moment of confusion or a lapse in judgement to provide a fraudster with the the tools they need to steal.

Financial scammers thrive in confusion and unfamiliarity. There is a reason that seniors are targeting more often than others--the elderly may be less familiar with certain aspects of modern technology or culture. As such, scammers are able to poke at their uncertainty in order to gain trust and ultimately take advantage.

These frauds are often connected to current events. Disgustingly, it was only hours after the Boston bombings that some fake charities were set up in an attempt to dupe well-intentioned community members into donating money that would end up in the pockets of criminals. Along the same lines, fraudsters are trying to exploit unfamiliarity and confusion about the high-profile national health care law. Many aspects of the law are set to take effect this year, and most community members are unfamiliar with the details of those changes. Scam artists are stepping into the void, working to use the complexity of the law to solicit funds from unsuspecting community members. Senior citizens are the most likely to be hurt.

Health Care Law Scams
New York Now discussed those health care scams in a story this week. The tricks are usually quite simple. For example, one New York senior explained how she was called by an unknown number. The caller claimed that as part of the new healthcare law, they were verifying information for Medicare. He then proceeded to confirm basic details, like name, phone number, and address. The senior did not become suspicious until the man asked to confirm her bank routing number. The woman hesitated before hanging up.

Afterward, she did the right thing: calling Medicare to report a possible scam. In so doing she became one of a shocking 80,000 people who report similar scam attempts each and every year. The numbers are on the rise, with a 12% jump last year from the previous one.

Officials note that anyone can be affected, but seniors are far and away the prime targets. This is a product of their tendency to answer the phone, retirement savings, and trusting nature.

It is important to be vigilant about these risks, both for yourself and senior loved ones. Occasionally asking about these issues or related financial matters is a simple way to broach the topic and ensure a family members is not exploited. Also, discussing some planning and protection matters with an elder law attorney may be a good step to provide real security.

All medical care is expensive. Many people are shocked when they get a medical bill covering costs for even minor incidents, emergency room visits, or very short hospital stays. Consider then what the costs must be for care that occurs every day for month or years--it is staggering. That is the prism through which nursing home costs should be examined. While the traditional skilled nursing home does not necessarily provide the same comprehensive care as an actual hospital, the costs of ensuring around-the-clock access to certain medical treatments is incredibly expensive.

NY Nursing Home Study
The shocking nature of those expenses were recently verified in a new study. The NY Daily News reported this week on the findings. The results of Genworth's annual "Cost of Care" survey were revealed, confirming that there is almost nowhere more expensive to receive long-term care than New York. For example, according to the study, on average, a single room in an elder care facility in Manhattan costs a mind-boggling $180,000 per year. And this cost is not some anomaly for that borough. The average yearly cost for a senior in Queens is about $140,000, and a Long Island resident should expect to pay $160,000 each year.

Industry officials point out that high property costs are part of the issue in our area. On top of that there are maintenance and staffing payments that are far higher here than elsewhere. All of this has led to about 5% price increases each and every year in the recent past.

Keep in mind that these are averages. The more comprehensive facilities with certain amenities or location advantages can be considerably higher. Nationwide the average annual cost for a single room is $84,000--still not a small sum. But New Yorkers must be aware that costs here are higher, requiring prudent planning to ensure adequate resources are available when and if the time comes.

Also, remember that the average nursing home stay is two and half years--though some stay far longer. This means that all families, including middle class families, must come up with ways to find incredibly large sums of money when this care is needed.

For help learning about your options to prepare for these costs or secure them if a nursing home stay is immediately necessary, please contact our elder law attorneys today. We can explain issues related to long-term care insurance, New York Medicaid eligibility, and more.

If stereotypes are to be believed, all living arrangements outside of the home are mired in neglect, confusion, and unhappiness. Virtually no one claims that they want to move into a nursing home or assisted living facility, and many assume that leaving one's house is only done at the last possible minute and often under duress.

This sort of generalizing about the "horrors" of senior care facilities is often misplaced. There are certainly many low-quality homes and individual residents who despise their living situation. But that is not at all to say that every facility--or even a majority--are like that. The truth is that there are many homes that allow residents to thrive, providing support so that their daily lives are more fulfilled than before, when they lived in their own home (often alone) and without necessary assistance with day to day tasks.

On that topic, a recent New York Times "New Old Age" blog post provides some interesting first-person discussion with one of the nation's "foremost advocate for people living in assisted living," Martin Bayne.

Mr. Bayne lives in an assisted living facility after suffering health issues related to Parkinson's Disease. Before that he was actually in charge of the one of the largest brokerage firms dealing in long-term care insurance. Obviously his experience in the world of securing long-term care provides him a fascinating perspective on these issues generally on top of his own experience in an assisted living facility. You should take the time to read the whole interview as well as check out Mr. Bayne's own writings at www.thevoiceofagingboomers.com.

One interesting aspect of the interview involves Mr. Bayne explaining how it took more than one facility before he found his best fit. When discussing his experience at a facility in the beginning, he noted: "It felt like a nightmare. I didn't know what to do. I kept sinking deeper and deeper into the La Brea Tar Pits until finally I slipped under. I had a psychotic break." He referred to medication errors at the first facility which had a serious detrimental effect on his life. However, fortunately, he was able to get into a different home that is a far better fit.

This is a crucial reminder for all New York families about the need to be careful when making nursing home selection and open to the idea of changing if necessary down the road. Feel free to contact our NY elder law attorneys for assistance securing that care no matter what your current situation.

This week the New York Times published a story that will likely ring true to all those who have gone through the process of helping a loved one figure out how to secure the ideal long-term care. It is one of those issues that is easy to talk about in the abstract but that comes packed with intense emotion when one is actually thrust into it and forced to help those closest to them.

One of the scariest aspects to this situation is that it can arise virtually overnight. The NYT story shares the example of one man whose 81-year old parents seemed to go from swimming and playing sports to both becoming frail the next day. Their ailments struck at the same time. His mother developed dementia and passed away within a year of first falling ill. This left the family in a very tough spot. In the midst of grief, they had to make tough choices about how to ensure their father had proper care. Fortunately, the family was in a much better position than many, because the patriarch had purchased a long-term care insurance policy nearly three decades before. That insurance has been able to provide at-home caregivers for the last two years.

That is a key reason why the NY elder law attorneys at our firm encourage families to use long-term care insurance when possible while crafting long-term care plans.

In fact, the first-hand experience of the elder in this story ultimately led the adult son to purchase a long-term insurance policy for himself. Seeing the value up close is often the single biggest spur for others to take the time to do what needs to be done to plan for the future. If only more New Yorkers were able to see the merit early on, before disability or a medical emergency strikes, they would be better off.

An added complexity is the limited offerings for long-term care insurance. Because of the cost of elder care, many insurance providers are axing offerings and shrinking benefits. All of this comes with significant premium costs. For example, the NYT story notes how this year the average cost for a 60-year old couple is about $3,700 a year for a policy with inflation protection. That represents a 10% increase from last year. Importantly, less expensive policies are available with lower benefits (usually not pegged to inflation). In either case, however, having any policy versus no policy is the difference between staying in one's home when special care is needed versus being forced to move into a nursing home.

Sunshine is often the best medicine--particularly when it comes to worries about quality of care and value of public services. When community members are able to easily find out information which explains how much services cost, error rates, and similar details, then efficiency and overall quality will likely improve. That is the idea behind a new "Sunshine Week" project that is being unrolled this week by state officials. As discussed in Business Journal story, the initiative is spearheaded by Governor Cuomo's office in order to raise awareness of the value of open government.

The project is actually a series of unveilings, all focused on providing data in easily understood formats for residents. Conveniently, the data is all available of a new website: The New York Open Data Portal.

The goal is comprehensive, intending to provide a single location for community members to obtain information about virtually every area of government services, from county-based crime statistics to recommended fishing and river locations. Some aspects of the project may be valuable to area senior citizens and their families. For example, you can view a spreadsheet that lists the specific expenditures from the Office of Aging based on fiscal year and county.

Other pieces of information have more direct bearing on nursing home services. Many specific documents are available which may prove worthwhile to get an idea of nursing services statewide. For example, you can view a "Nursing Home Weekly Bed Census Map" which lists exactly how many beds are available in different facilities and counties at any given time.

There is also a "Nursing Home Profile" section with data culled from different sources, including the New York Department of Public Health. It is here where you can find information about quality of care indicators at various New York nursing homes. Citations, inspection results, complaints, state punishments, and even demographic data. It is undoubtedly a handy tool for those going through the often-stressful process of finding the ideal long-term care setting for an ailing resident.

Hopefully more and more local residents begin taking advantage of these information gathering options. The project is in its infancy, but the launch this week is a great sign that real steps are being made in ensuring accurate, up-to-date, and useful information is available to all New Yorkers in a convenient way. It is worth checking out for the nursing home data alone, on top of the many other data about local and state government operations.

Many of the changes and new rules associated with health insurance as part of the "Affordable Care Act" (Obamacare) will only take effect over the next year or two. One of those new rules prohibits most health insurance providers from making premium pricing decisions based on one's gender. However, those rules do not apply to companies that provide long-term care insurance.

Therefore it does not come as a huge surprise that the nation's largest provider of such insurance--Genworth Financial--announced that they will soon being change rate plans to account for the fact that women are more likely to need paid long-term care. According to a Washington Post story, women seeking such insurance on their own will likely see anywhere from a twenty to forty percent increases in yearly long-term care insurance payments. Importantly, the change will only affect new policyholders, as current members should not be affected. Observers note that other long-term care insurance providers will likely follow suit.

The policy change was made, say the company, because of the fact that over ⅔ of all claims on the insurance are made by women. In order to stabilize prices, the company claims that the premium rates needed to better reflect the risk and ultimate need for long-term care. The increased claims by women are likely a product of the fact that they generally live longer and provide care to their own spouses. Men are far likelier to avoid having to make claims on the insurance because their health declines sooner and their spouse often provides care. Elderly women, however, often come to need support after their spouse has passed, and they do not have the luxury of receiving free care from a relative.

Long-term care insurance remains a critical tool for all families planning for the future. As our legal team often explains, one huge benefit of this insurance is that it makes it more likely that one will be able to "age in place," receiving care at-home without the need to move to an assisted living facility or traditional nursing home.

Some observers are worried that the change may have detrimental effects on access to long-term care. For example, one policy analyst explained that while the rate change is obviously good for the insurance companies, it is bad for women and as a public policy matter. The less individual residents secure long-term care coverage on their own, the more likely they will rely on public programs like Medicaid for the support needed. With budgets at the state and federal level obviously stretched to the bone, this is an unwelcome development.

If you have questions about securing long-term care in our area or otherwise ensuring access to necessary support in old age, please contact our New York elder law attorneys for guidance.

Last year federal legislation was passed affecting elder care issues. In particular, the new law eliminated a floundering attempt to create a national long-term care insurance program. At the same time, the law also called for the creation of a commission to study issues of senior care financing, delivery, and workforce needs. Known as the "Long-Term Care Commission," the general idea was that the diverse Commission would investigate the issues, create policy proposals, and submit the ideas to Congress to spur possible legislation.

The Status Update
Unfortunately, as a recent Forbes story shares, the Commission is still in dock and there are serious doubts as to whether it will be able to achieve its mission at all. The first issue is that the slate of 15 people to sit on the panel have yet to be decided upon. Apparently the White House has yet to make its three choices, and nothing can be done until the roster is actually complete.

Once the full 15 are agreed upon, the next steps will be to elect a chairperson and set the agenda. All of this must be done in an efficient manner, however, because the law which created the Commission indicated that the group has only six months to complete its entire mission, including researching the issues, investigating the options, crafting proposals, and writing the report. The deadline is tough to meet in ordinary circumstances, and the task is made particularly difficult considering the Commission has no budget and, consequently, no staff members.

Still, even if timing was not an an issue, perhaps the biggest handicap that is causing some to downplay the group's importance is the fact that Congress is under no obligation to do anything with the information provided to it by the Commission. As recent "crises" like the fiscal cliff and sequester cuts demonstrate, Congress is usually loathe to act on anything these days unless forced to. In other words, most are not holding their breath that the Commission will play a critical role in possible legislative battles related to the long-term care situation in the country.

Still, that is not to say that the Commission's work might not prove helpful to frame the debate and set the stage for the menu of options that might be pursued on these policies in the coming years. At some point in the future political leaders will likely have to do more to address possible deficiencies when it comes to access and financing of long term care.

Like the every other demographic, many older Americans are struggling with financial challenges. High costs of medication, healthcare, and concerns about the need for possible long-term skilled care often weigh on the minds of those in their fifties, sixties, seventies, and beyond. Retirees often struggle more with comparable financial issues than their younger counterparts, because their ability to increase their income to account for problems is limited.

In fact, a new report issued by the AARP (view here) actually found that one money hurdle--credit card debt--affects seniors more than anyone else.

Consumer Survey & Seniors
These findings were shared by the AARP in conjunction with a group known as Demos as part of that group's "2012 National Survey of Credit Card Debt of Low- and Midddle- Income Households." The results of the survey paint a somewhat surprising picture of this form of consumer debt, and suggest challenges that must be addressed for the future.

Most notably, the survey found that middle income Americans age 50 and older had more credit card debt than their younger counterparts. This is a surprising finding, especially considering that excessive credit card debt is often assumed to be a burden affecting those who are younger, less financially secure, and in need of quick funds for basic needs (often related to raising children). In fact, only 4 years ago, the figures were completely reversed from what they are now, with the survey finding that younger Americans were indeed more burdened by credit card debt.

More specifically, the 2012 survey found that, on average, low and middle income Americans over fifty had roughly $8,300 of credit card debt compared with an average of only $6,300 for those under fifty. These numbers were reversed in 2008.

What is the cause of the reversal?

Because this is only a survey, it is impossible to make any conclusive statements about causation. However, a few other details uncovered in the data might prove clues as to why seniors are struggling more with finances now than in even the recent past. For one thing, nearly half of all respondents over fifty admit that part of their debt is for medical expenses. Prescription medication bills and dental costs actually topped the list. This makes sense, as certain drugs and dental benefits may not be part of insurance coverage in some cases.

Sadly, nearly 25 percent of respondents in the older age group also admitted that they dipped into retirement funds in order to pay down the debt. If that practice is widespread, it is troubling for those concerned with long-term stability for seniors in retirement--particularly considering public support for these seniors will be stretch in coming years due to demographic trends.

The challenges of securing appropriate long-term care are often only understood at the exact moment when that care is needed. After a sudden medical emergency, accident, or other change in condition, many families discover that an elder loved one is in need of long-term help to get by each day. These families then face two difficult questIons: (1) How are we going to pay for it?; (2) How do we know that the quality of the caregivers is sufficient?

For one thing, the financing of long-term care can be secured in many different ways. A NY elder law attorney can explain what options are available in your specific case. Those options may involve insurance, the use of Medicaid Asset Protection trusts, or other unique strategies to save funds even when on the nursing home doorstep. There is no getting around the fact that elder care is quite expensive--startling so--but planning ahead with professionals can save significant sums.

But paying for care is only part of the battle. It is also critical that family members ensure their love ones actually receive the care they deserve, no matter what facility they enter. Sadly, without proper oversight, seniors may face severe neglect or outright abuse by those charged with their well being.

For example, just recently News 12 shared information on criminal charges filed against one nursing home aide after video footage was taken alleging showing the aide abusing a resident. The nursing home worker in the Bronx is now looking at jail time as a result of the criminal charges.

The resident in question is 89-years old and suffers from dementia. One afternoon, the senior's granddaughter was visiting when she noticed suspicious bruises on the elder's body. Growing alarmed, the granddaughter told nursing home caregivers about the situation. She also set up a small camera in the room, hoping to catch mistreatment if it occurred. Sadly, mistreatment is exactly was she found. According to reports, the video footage shows one caregiver slamming the elderly woman into her bed, banging against bedrails, and causing harm to her frail body. The worker in the video is now was facing elder abuse charges which could keep her in jail for more than a year. Three other workers were also fired by the facility in connection with the event, but it is unclear if they were involved in the neglect or if they were let go for other reasons--like failing to report the mistreatment they witnessed.

Late last month the New York Health Department released a report that reviews the progress of a crucial shift in state policy affecting seniors needing long-term care. The full report (download it here), outlines the satisfaction of New Yorkers who have participated in the shift from traditional New York Medicaid coverage for long-term care to special HMOs to cover those care and costs. This report offers the first good opportunity to analyze whether these organizational shifts over the past few months have been positive for those seniors directly affected.

Somewhat quietly, thousands of elderly New Yorkers who previously received long-term care via Medicaid were shifted to HMOs managed by by private and non-profit companies. In total, 38 different companies are handling the work and, according to the NY Health Department, "providing high-quality services to consumers and helping them maintain or improve critical abilities associated with daily living."

The law changed in 2010 to alter the way long-term care was provided by the state. The basic idea is that shifting long-term care costs to HMOs will save funds. In 2010, for example, the state spent more than $13 billion via Medicaid to provide long-term care to 300,000 residents. By shifting to HMOs, the costs will hopefully be kept in check, because the companies will receive a flat fee for patient care overall, regardless of the necessary services.

The latest report on the change notes that sizeable majorities of participants reported in surveys that they saw marked improvement in their abilities, were satisfied with their plans, and would recommend them to others. However, outsides observers are skeptical and point out that the latest report needs to be taken with a grain of salt, because some seniors may not benefit from the Medicaid changes.

Latest Concerns
A recent WNYC article on the subject notes that the report fails to mention how senior lives were actually affected by the situation. For example, there is no indication of how many seniors have been moved from independent living situations to nursing homes following the change. Similarly, little data is provided on the prevalence of certain injuries which are indicative of quality of care--such as the development of bed sores.

Summarizing the critiques of the report, one elder care advocate explained, "There's nothing about how much services are being given: home care services, adult daycare services, physical therapy, occupational therapy, meals on wheels. We know something about demographics, but we don't know anything about where the money is going."

The fiscal cliff crisis dominated the last month of 2012. Even though an agreement was reached on New Years Day, the compromise is far from the end of partisan political battles and confusion. Observers are already making predictions about the possible implications of the looming "debt ceiling" fight between the White House and certain members of the Republican caucus which must be resolved in the next month or two. The outcome may have significant impacts on the nation's long-term stability and the performance of the financial sector.

It is easy to see how New Yorkers thinking about their long-term care planning and retirement might be uneasy about the state of affairs. While some things are simply out of your hands, it is critical not to forget that there are smart ways to plan for retirement regardless of the flux in national politics. A recent Forbes article is worth a look, as it explores five of the best way to protect one's retirement from the federal government's "fiscal follies."

Plan Ahead
For example, one basic step might be to increase the availability of certain cash on hand in an emergency fund. While many financial advisors recommend a three to six month supply, many are now advocating a six to nine month supply for security purposes.

Another tip is to be extremely vigilant when savings for long-term medical costs. The article points out that many overestimate their needs when it comes to basic retirement living expenses but vastly underestimate their medical needs. For example, a Fidelity Investments project recently pointed out that a couple retiring now at the age of 65 likely needs around $240,000 for Medicare premiums and co-payments.

Even then, those estimates do not account for even higher premiums that must be paid by certain couples for Medicare Part B and Part D. Singles making $85,000 annually and coupes bringing in over $170,000 are required to pay that extra amount. In fact, some proposals (including one by the President) call for freezing those income levels until 25% of seniors are paying the extra premiums. The bottom line being that there is a good chance that more seniors will have higher medical burdens in their elder years. Those higher costs must be taken into account by the prudent senior planning for their retirement needs.

One way to combat this risk is to take advantage of tools like Health Savings Accounts (HSA). These accounts allow contributions of several thousand dollars a year, growing tax-free so long as the funds are used for eligible medical expenses, like long-term care costs or Medicare premiums.

One aspect of the "compromise bill" passed last week to avert the fiscal cliff may eventually have impact on planning for New York long-term care costs. While it does not have any immediate effects for local residents, it is important to discuss as it could lead to proposals down the road to tackle the problem of paying for long-term care. Specifically, a portion of the compromise bill did two things: formally ended the CLASS Act and also created a federal commission to study the issue of financing senior care. Both components are worth discussing more fully.

First, the CLASS Act was a bill passed as part of the comprehensive healthcare law of 2010. The idea was that the measure would create a voluntary, national long-term care insurance program. Our elder law attorneys frequently share information on the merits of long-term care insurance, as it is often the premier way for local residents to ensure they receive high-quality senior care in whatever manner is best for them with minimal disruption of their lives. The major downside, of course, is the costs, which can be prohibitive to many.

Those same cost concerns seem to have been the main problem with the CLASS Act as well. Even though the law was passed in 2010, it had essentially already been abandoned by even its supporters before this formal axing via the fiscal cliff compromise bill. That is mostly because actuaries had determined the program to be far too expensive for most residents to participate anyway.

Alternatively, however, a federal long-term care commission was created with the stated purpose to plan "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 in need of such services and supports... and individuals desiring to plan for future long-term care needs."

At first blush this seems like a welcome mission, as the inherent difficulty of planning for and paying for these costs has long-been documented. Our team works directly with local residents on these issues, and we appreciate that far too many families continue to do no planning whatsoever, leaving open a far serious problem down the road when long-term care is unavoidable.

However, some skeptics are worried that the commission will lead to little real policy change. That is because the commission has a very strict (relatively speaking) turnaround time of 6 months for proposals. Even then, Congress is under no requirement to vote on, let alone pass, any of the proposals suggested by the commission. Therefore, we will have to wait and see if anything with real impact for local residents actually comes out of these components of the compromise bill.

Those interesting in learning more can take a look at this Forbes article analyzing the situation.

Earlier this week we shared information on the new guide from ElderCare Locator. The brochure (available here) provides helpful tips for all New York families to ensure theft from seniors is stopped. As noted, the problem is widespread, affecting as many as one in ten elderly community members. Unfortunately, there is no easy way to tackle the problem. But it is also worthwhile to be reminded of the basics.

Prevention
Education is the key to stopping senior financial exploitation in its tracks. If all elderly community members are trained in the most common scams and keep a close eye on all financial details, then the chance of theft going unnoticed is drastically reduced. Beyond that, the best way to prevent abuse is by use of third-party support. For example, the AARP provides a wealth of information on various "money managers" who help seniors with day-to-day financial transactions. They may be particularly helpful for those who have just lost a partner. Often one partner in a relationship will handle more of the financial details, if that partner passes away, then the other is often placed in a difficult financial situation without the experience to keep things in order. To learn more about money managers take a look at the AARP website on the subject: www.aarpmmp.org

In addition, the ElderCare guide also explains how proper estate planning is a critical way to help prevent abuse. Potential abusers are far less likely to engage in unscrupulous financial wrangling if they know that legal professionals are involved in the affairs. Transferring title to property or gaining control of a senior's finances is much tougher if those details were already handled via an elder law estate planning professional.

Reporting Abuse
Sometimes abuse occurs even with the best laid plans. If it does happen, do not forget that local law enforcement authorities should be the first call. It may be difficult to turn in friends or family members suspected of mistreatment, but do not forget that these actions are criminal. If those who steal in this way are not held accountable, they very well may harm another down the road. Accountability is critical to tackling the problem.

For help with these issues in New York consider reaching out the lawyers at our firm. We work with seniors and their families to ensure long-term financial details are secure. That includes the basic inheritance plans as well as other legal documents related to alternate decision-makers so that the unscrupulous do not obtain control of one's medical or financial affairs and exploit them for their own gain.

See Our Related Blog Posts:

Value of Meal on Wheels Program

New Brain Research Sheds Light on Financial Exploitation

Hurricane Sandy brought with it many preparedness lessons. Everyone leads a busy life, and it is easy to procrastinate on matters that do not have immediate ramifications. Update the will or drive Mom to her doctor's appointment? No contest. Often it is only when something is barrelling down on us--like a hurricane--that we act to get certain affairs in order. Sometimes, there is simply not enough time to properly plan before disaster strikes.

For example, stories have emerged regarding the lack of planning exhibited by a nursing home in Queens, leading to suffering and chaos among residents. The New York Times recently reported on the fiasco at the long-term care facility. According to reports by several familiar with the incident--including some facility employees--the owners of the home were far from prepared for the major weather event. The facility is near the water, and in the midst of the storm, most of the first floor windows were blown out. Rising waters then seeped into the area, flooding everything. Many of the residents were upstairs at the time, and the water took out the power. At first the caregivers assumed the back-up generators would have things up and running again. They didn't. That is because the generators were on the first floor and were swept up in the flooding. On top of that, the owners and operators of the facility had not stocked up enough food for the disaster, and the kitchen itself was on the first floor. This all meant that very vulnerable senior residents were forced to wait hours in the cold without food, water, or access to certain electronic devices they desperately needed for health and well-being purposes.

But it gets even worse.

Emergency responders eventually came to the scene to evacuate the seniors. Yet, little to no planning had been done for an evacuation. That meant that most residents were split up and taken to shelters without a staff member and without their medical records. There was no accounting for where these individuals were taken, and no notice to their family members. Even today, two weeks after the storm, there are some New Yorkers who do not know where their loved one is located. State officials are already looking into the matter to figure out what went wrong.

The lesson from this ordeal is unmistakable. It is critical to plan for contingencies well ahead of time. An event like a hurricane and the chaos that follows is a cear reminder of this principle. Waiting until it is too late to plan, means that serious harm often follows. This is obvious when it comes to once-in-a-lifetime weather events. But the lesson holds true for more predictable events as well, like making preparations for long-term care.

All of us hope to grow old someday. Many of us are already there. And hand-in-hand with aging comes certain medical and basic living challenges. That is inevitable. But ensuring proper care when that time comes does not have to come fraught with uncertainty. Visting with professionals, like elder law attorney, to discuss these matters ahead of time can lead to the peace of mind of knowing that, whatever the future holds, things will be accounted for. It is like stocking up with food, water, and batteries before a hurricane...it just makes sense.

See Our Related Post:
Remember Our Seniors in Sandy's Aftermath