Archive for January, 2010

Losing Your Spouse Shouldn’t Mean Automatic Poverty

Friday, January 29th, 2010

Losing a spouse is never an easy thing to deal with – emotionally or financially. Many people who have lost a spouse feel adrift in a sea of doubt, without an anchor. Simple interactions may suddenly appear too daunting because their “other half” is missing.

The emotional loss, though, is only the beginning.

If the deceased spouse was the primary source of income, or handled all the family finances, it gets worse, especially if discussions about death and finances weren’t comfortable topics. It’s typical for the survivor to attempt to continue living in an accustomed lifestyle, but this may not be feasible or even possible. Effective coping begins with regaining a sense of organization. The surviving spouse should seek the services of an elder law attorney to administer the estate of the deceased, and to update his or her own estate plan.

To learn more about New York Elder Law, NY Elder Law, New York Elder Care, NY Elder Care, or New York Estate Planning visit http://www.elderlawnewyork.com.

Living Will Hyperbole

Sunday, January 24th, 2010

The debate about health care reform, especially as it pertains to end-of-life issues, became increasingly contentious in “town hall” meetings across America, especially a few months ago. Some people claim that elder Americans were being herded into euthanasia and assisted suicide via rationing of medical treatment.

In fact, the Obama Administration’s health care reform initiative, although controversial, seemed intended to encourage potentially productive doctor-patient conversations concerning end-of-life issues that may be relevant to most anyone. In fact, a Living Will is good for individuals. It enables people to make essential choices about how they choose to end their days. Most attorneys already discuss these issues with their clients when preparing estate plans. Doctors often have these discussions now with their patients. The proposed health care reform initiative, depending upon what eventually emerges as law, should enable the doctor to be paid for spending the time to help patients think through these important decisions.

Proactive Elder Law attorneys continue to encourage their clients to create Living Wills and Advance Health Care Directives before it’s too late. Under the proposed legislation, doctors and their patients will now be encouraged to have this conversation, as well.

To learn more about New York Elder Law, NY Elder Law, New York Elder Care, NY Elder Care, or New York Estate Planning visit http://www.elderlawnewyork.com.

When a Will and Testament Becomes Contested

Monday, January 18th, 2010

A Last Will and Testament is a legal declaration by which an individual provides for the transfer of property upon death and names one or more people to manage the estate.

Death is inevitable. But a careful choice in selecting an executor is seldom a given, especially where property and money are involved. During life, families may seem to get along fine, but the death of a loved one, considerable property to be disbursed, and an executor who seems unfair or biased — can be a recipe for conflict. The living, prior to their passing, don’t always write out their wishes in clear and concise ways. If there is uncertainty in a family about what might occur upon the death of a patriarch or matriarch, for instance, the atmosphere following death can resemble an emotional war zone.

An executor can help resolve such conflicts. The best executors execute their duties professionally, with tact, with due regard for family dynamics, and with professional guidance from a knowledgeable attorney. If a will contest nevertheless does occur, at least it should then be grounded in law and fair play.

To learn more about New York Elder Law, NY Elder Law, New York Elder Care, NY Elder Care, or New York Estate Planning visit http://www.elderlawnewyork.com.

The Scamming of Our Elders

Friday, January 15th, 2010

It happens as much through e-mail as it does through postal mail or telemarketing calls these days. You receive an offer you can’t refuse promising riches or else alleging that you’ve already won. If it seems too good to be true, it usually is.

You’re checking your email. A message arrives from someone you don’t know. He is begging for your help. The situation might seem contrived or even preposterous, but you are tempted. You can’t help reading it. If you help this person, providing information about yourself or your finances, and perhaps sending some money, the writer promises that you will be rewarded many times over. You fall for it. Perhaps you succumb more than once.

Sometimes a postal mail, email, or telemarketing call identifies you as a lottery or contest winner. It doesn’t matter that you never entered; this fact is clouded by the fact you’ve won. Why would someone tell you that you’ve won something when you haven’t?

Because, as is too often the case, you are being scammed.

Seniors are often unsophisticated Internet users and may also be vulnerable to “snail mail” cheats. They are targeted by scam artists eager to separate them from their money. Duped elders have lost assets acquired over a lifetime – sometimes tens or hundreds of thousands of dollars.

With the Internet’s global reach, countries such as Nigeria and Sierra Leone have emerged as “scam industry centers.” Elderly victims tend to fit a profile. They often live alone, may have recently lost a loved one, or may be experiencing the early signs of diminished capacity. Besides routine crime prevention steps that can be taken to protect a loved one, an attorney specializing in Elder Law can establish some protection from con artists by building effective language into trusts and estate plans. In addition, a trusted family member can be given power of attorney over bank accounts and financial matters. But being scammed can be painful for young and old alike.

To learn more about New York Elder Law, NY Elder Law, New York Elder Care, NY Elder Care, or New York Estate Planning visit http://www.elderlawnewyork.com.

VA Nursing Home Care

Tuesday, January 12th, 2010

Many veterans may be eligible to receive nursing home benefits from the Veterans Administration. The VA currently provides nursing home care to veterans through three national programs: VA Community Living Centers (CLC), state veterans’ homes that are owned and operated by the states, and the contract community nursing home program.

Community Living Centers offer veterans both short-term (less than 90 days) and long-term (more than 91 days) stays. To be eligible for short-term stay in a CLC, a veteran must be enrolled in VA health care. During a short-term stay, veterans receive a variety of services including: respite care, rehabilitation, hospice, skilled nursing, and maintenance care for those waiting for placement in the community. Long-term stays are available to enrolled veterans who need care for the term of their lives or for an extended amount of time due to a service-related disability.

State veterans homes are owned and operated by the states. States must petition the VA to receive a portion of the construction costs and to be recognized as a state home. Once a home has been recognized, the VA pays a portion of the per diem cost as long as the home continues to meet VA standards. States are entitled to establish their own eligibility requirements, as well as to determine which services will be offered for short- and long-term care. Some homes may offer specialized services to veterans.

Veterans can also receive nursing home care from some community nursing homes that have established contracts with the VA. These partnerships allow veterans to receive long-term nursing home care in their own communities so that they can stay near their loved ones.

Placement in any of these programs requires that a potential resident be medically stable, have sufficient functional defects to make inpatient nursing home care necessary, and receive an assessment by a medical provider that states institutional nursing home care is necessary. In addition to this, each potential resident must meet the requirements of the facility to which he or she is applying. An elder law attorney can assist in the process of choosing the appropriate institution.

To learn more about New York Elder Law, NY Elder Law, New York Elder Care, NY Elder Care, or New York Estate Planning visit http://www.elderlawnewyork.com.

The VA Basic Pension Benefit

Wednesday, January 6th, 2010

The Veterans Administration’s Improved Pension Program (IPP) includes a basic benefit that is open to many low-income United States veterans or their surviving spouses. Many veterans are simply unaware of this benefit, or think that they do not qualify because the benefits of this program are dramatically different from other VA programs. This is because most pension benefits usually come only after years of service. In order to be eligible for the VA’s “Basic Pension” benefit, a veteran must meet the income and net worth requirements and must have served a minimum of 90 days in the military during one of the following wars:

World War II: December 7, 1941 through December 31, 1946

Korean War: June 27, 1950 through January 31, 1955

Vietnam War: August 5, 1964 (February 28, 1961, for veterans who served “in country” before August 5, 1964), through May 7, 1975

Gulf War: August 2, 1990, through a date to be set by law of Presidential Proclamation.

In order to meet the financial requirements of this benefit, the VA must determine that a veteran’s or surviving spouse’s net worth is not enough to provide adequate support for a lifetime. One’s primary residence and vehicles are not used to determine net worth. Also, a veteran’s countable income must be less than the available pension amount. Countable income is determined by deducting a veteran’s or surviving spouse’s income after deducting all unreimbursed, recurring health care expenses. These expenses can include assisted living costs, ongoing pharmacy costs, insurance premiums, and more.

Importantly, to receive this benefit and the others associated with the IPP, a veteran does not need to have a service-related injury, does not need to have retired from the military, and does not need to have been involved in combat.

Although the Basic Pension benefit offers the lowest amount of benefits in the IPP plan, all benefits provided under this program are tax-free. Eligible applicants should contact an attorney who is experienced in elder law and estate planning.

To learn more about New York Elder Law, NY Elder Law, New York Elder Care, NY Elder Care, or New York Estate Planning visit http://www.elderlawnewyork.com.