Archive for November, 2016

Things for Seniors to Consider Before Remarrying

Wednesday, November 30th, 2016

To a young couple starting a family, marriage may seem like an obvious step. For those in their golden years, however, remarrying can involve some potential complications that they should be aware of.

Marriage later in life can complicate the estate plans of each spouse, especially if either or both of them have children from a previous marriage. Even if everything is left to the children, in the will, under the laws of New York and most other states, the spouse will be entitled to a portion of the estate. Consult with an estate planning attorney to be sure that the estate will be distributed accordingly.

Littman Krooks elder lawLong-term care plans are another possible complication. The potential cost of care in a skilled nursing facility can be difficult to plan for, since it cannot be predicted, and if it is necessary, the cost can be enormous. While some seniors may have long-term care insurance or have the means to pay for the care themselves, others will rely on Medicaid. People contemplating marriage late in life should know that the Medicaid agency will examine the finances of both spouses to determine eligibility. The non-institutionalized or “community” spouse may sign a spousal refusal, but this does not completely relieve them of liability for the cost of care.

Social Security benefits are an important part of many people’s retirement plans, and divorced or widowed spouses often receive benefits based on their ex-spouse’s record. However, remarrying will terminate the divorced spouse’s benefits, and remarrying before age 60 – or age 50 if one is disabled – will terminate survivor’s benefits. In addition, widows or widowers who receive a pension based on their late spouse’s work record may lose their pension if they remarry under certain circumstances.

 

Join us for a free workshop on estate planning, “Plan for Your Future and Avoid Guardianship” on December 7, 2016 at the Greenburgh Library from 10:00 AM-12:00 PM. Registration is required because seating is limited. For more information or to register, click here.


Learn more about our elder law, guardianship and estate planning services.

 

Nursing Home Residents Will Soon Have Greater Rights

Tuesday, November 22nd, 2016

Update (12/1/2016): “The rule was supposed to take effect Nov. 28, but the American Health Care Association, an industry group that represents most nursing homes in the U.S., filed a lawsuit in October to block the rule, which it called “arbitrary and capricious.” To read more, click here.

 

A rule change by a federal agency will provide nursing home residents with major new legal protections by preventing facilities from forcing disputes into arbitration.

littman krooks long-term-careThe Centers for Medicare and Medicaid Services (CMS), part of the Health and Human Services Department, issued a rule preventing nursing homes from requiring that residents resolve disputes in arbitration rather than through a lawsuit. The rule applies to all facilities that receive federal funding, protecting the rights of 1.5 million residents. The arbitration ban is one of several new nursing home regulations promulgated by CMS, including new standards for nutrition and infection control.

Many families must make the decision about a nursing home under time pressure and in emotional turmoil, and they often are not able to consider the implications of all the contract terms. Nursing home contracts often contain fine print requiring that disputes be resolved through arbitration, taking away the right to sue for elder abuse, neglect and even wrongful death.

The nursing home industry said that the rule change, “clearly exceeds the agency’s authority.” Arbitration has reduced legal costs for nursing homes, but advocates for seniors say that it has prevented residents and their families from getting justice. Officials in 16 states and the District of Columbia had urged government action, arguing that private arbitration kept patterns of abuse hidden.

The new rule goes into effect on Nov. 28. It does not apply to contracts signed prior to that date, but current nursing home residents or their families can review their contracts and attempt to renegotiate or choose to move to another facility. After Nov. 28, nursing homes may still ask for a dispute to be settled through arbitration, but residents and their families have the right to file a lawsuit instead.

 

Join us for a free workshop on estate planning, “Plan for Your Future and Avoid Guardianship” on December 7, 2016 at the Greenburgh Library from 10:00 AM-12:00 PM. Registration is required because seating is limited. For more information or to register, click here.


Learn more about our elder law, guardianship and estate planning services.

2016 Walk To End Alzheimer’s

Tuesday, November 1st, 2016

alz-walk-west-2016

Littman Krooks was a sponsor of the Alzheimer’s Association’s Walk to End Alzheimer’s at White Plains High School held this past September 2016. The walk, organized by the Alzheimer’s Association, the largest non-profit funder of Alzheimer’s disease research.

The organization is supported by local chapters that raise awareness and offer resources to people and their families that are impacted by the disease. Alzheimer’s disease is the sixth-leading cause of death in the United States. One in three seniors dies with Alzheimer’s or another form of dementia.

About 1,500 people took part in the 2016 Westchester Walk to End Alzheimer’s. The five Hudson Valley walks are expected to raise more than $1 million over the next few weeks.

 

Learn more about our elder law, guardianship and estate planning services.