Elder Law
Planning for the final leg of the journey...
Planning is bringing the future into the present so that you can do something about it now.Alan Lakein
One of the greatest fears of aging Americans is the possibility of spending the “golden” years in a nursing home. An even greater fear is that it will cost them and their loved ones their life’s savings and hard earned assets in the process. Careful planning, whether in advance or in response to an unanticipated need for care, can help protect your assets to provide for your care or to pass on to your loved ones. This can be done even after a family member is already in a nursing home.
Medicaid eligibility rules are complex and ever changing. In 2006, the passing of the Deficit Reduction Act changed many rules which govern the treatment of asset transfers thereby affecting eligibility requirements. Strategies for long term care planning and asset protection are always in a state of flux. An elder law attorney can guide a senior and his or her family through the many challenging issues that arise as life circumstances change.
Elder Law services encompass the following:
- Asset preservation and maximization
- Long term care planning
- Medicaid planning
- Trusts
- Medicaid Applications
- Estate planning
- Guardianships
- Long term care insurance policies or proposals evaluation
- Medicare and private insurance coverage and dispute resolutions
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Resources & Links
- Advanced Directives & Guardianship Information
All persons, regardless of age, health, and circumstances, should take the time to contemplate the need and appropriateness of having another person act in their stead should the circumstances require it. This document provides explanation as to why you need a power of attorney, living will or health care proxy and the process for what happens if you do not have these documents as a part of your estate plan.
Link- Alzheimer’s Carefinder
Alzheimer's Assocation rolled out a website for caring for individuals with Alzheimers. The site includes sections on planning ahead, care options, coordinating care, and support and resources.
Link- Alzheimer’s Disease
Learn more about this neurological disorder that affects an estimated 5 million American adults.
Link- American Association of Retired Persons
The AARP website provides information of interest to retired persons. From travel to computers to caring for yourself and your family, this site covers a wide range of interests.
Link- Article - Housing Options for the Older Client
Walter T. Burke, co-authored this article which appeared in American Bar Association's publication entitled Probate & Property in December, 2008. The article addresses the various types of housing available for the older client to consider.
Link- Asset, Income & Liability Worksheet
To assist you in preparing for your meeting with one of our attorneys, this worksheet will help you to identify your assets, how they are titled and the value of those assets.
Link- B&C Checklist of Documents to Bring to Initial Meeting
To better prepare you for an initial meeting with one of attorneys, we provide you with this checklist of possible documents to bring with you. This is a generic list, bring only those documents relevant to the situation for which you are meeting with the attorney.
Link- B&C Crisis Checklist Form
- Link
- B&C Long Term Care Planning Guide
Information you need to know about planning for long term care prepared by Burke & Casserly, PC.
Link- Community Hospice
The Hospice Mission: To serve seriously ill people and their families through the process of dying and grieving. To enhance quality of life with comprehensive, compassionate services that respect the dignity of those we serve.
Link- Dept of Health & Human Services Administration on Aging
- Link
- Elder Law Answers
A great online resource for answers to frequently asked questions related to estate planning, retirement planning, long term care planning and Medicaid/Medicare.
Link- Eldercare Locator
Connects seniors to federal, state and local resources including programs like Meals on Wheels, transportation for disabled, prescription drug programs, Medicare, Medicaid and Social Security. 1-800-677-1116
Link- Family Caregiver Alliance
Links to caregiver resources by state; alerts on policy initiatives to ad caregivers.
Link- Housing Issues for Seniors and Their Families
To find out more information about selection a selecting a nursing home, a retirement community or finding an apartment or to learn more about repairs or modifications to your home, this site addresses these, as well as many other topics.
Link- IMPORTANT POWER OF ATTORNEY ALERT - 2009!
Drastic changes that have occurred in New York’s Power of Attorney law. This document highlights the major changes.
Link- Living Will & Health Care Proxy
Each state has its own version of a Living Will or Health Care Proxy. The Caring Connections website of the National Hospice and Palliative Care Organization has all 50 state forms available free at this link.
Link- Medicare Government Website
Consumer information regarding Medicare.
Link- Medicare Rights Center
This site is dedicated to Seniors as a guide to find there way through the Medicare maze. Find answers to your Medicare questions here.
Link- Miscellaneous Matters Related to Seniors
This site provides a information on various topics of interest to seniors. It is also a good portal into other senior related sites.
Link- Nat. Association of Professional Geriatric Care Managers
Connects to local nursing, social work and psychology professionals who specialize in aging issues and long distance caregiving. 1-520-881-8008
Link- National Alliance for Caregiving
Conducts research, offers "Lotsa Helping Hands" online calendar to schedule family and friends for help in time slots requested by caregiver.
Link- National Citizen’s Coalition for Nursing Home Reform
Consumers and advocates who define and achieve quality for people with long-term care needs. You can search your states Ombudsmen providers at this link as well. An Ombudsman is an advocate for residents of nursing homes, board and care homes, and assisted living. Ombudsmen provide information about how to find a facility and what to do to get quality care. They are trained to resolve problems. If you want, the ombudsman can assist you with complaints. However, unless you give the ombudsman permission to share your concerns, these matters are kept confidential.
Link- National Council on Aging
- Link
- National Family Caregivers Association
Tips and guide for family caregivers, information on agencies and organizations that provide caregiver support.
Link- Nursing Home Compare & Rate
Center for Medicare/Medicaid Services-Tools, resources, links and information pertaining to Medicare and Medicaid.
Link- NYS Nursing Home Ratings Complaints Registry
A list by County of Nursing Facilities that have or have had complaints registered against them.
Link- Since You Care Guides
The Mature Market Institute, a resource center and part of MetLife Inc has published a guide entitled "Becoming an Effective Advocate for Care" which provides practical advise and resources for those who deal with doctors, insurers and other medical providers on behalf of a loved one. Go to the website listed and click on "Since You Care Guides".
Link- Social Security Administration
Find information regarding retirement and retirement benefits, Medicare and other news regarding Social Security.
Link- The Family Health Care Decisions Act
The governor just signed legislation last week regarding a new section of the Public Health Law, Article 29-CC, the Family Health Care Decisions Act, which will become effective June 1, 2010. Attached is a link to the press release issued by the Governor’s office. This new law directly affects our practice as the new law will provide a list of ‘surrogates’ to make decisions when it is determined that a patient in a general hospital or nursing home does not have decision –making capacity. The law provides a ranked list of surrogate’s to choose from, and they are ranked in order of priority. The list includes a guardian, spouse, domestic partner, adult child, a parent, a sibling or a close friend. This law is designed to provide a default in an individuals planning, not to do away with the need for a health care proxy, where an individual can state their own choice as to who should make a medical decision on their behalf.
Link- US Dept of Labor
For information on the federal Family and Medical Leave Act. 1-866-4-USWAGE
Link- Veteran’s Administration
Veteran's Benefits
Link
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