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White Plains Long-Term Care Planning Law Blog

Do you have a power of attorney in place?

It doesn't matter how old you are -- a catastrophic medical condition could render you incapacitated in a heartbeat. However, the older we get, the more likely such a health problem will develop.

As we age, we're more susceptible to suffering from a stroke or heart attack. We're also more at risk of developing Alzheimer's or another disease that downgrades our mental capacity. For this reason, if you're over the age of 50 and you haven't set up both a health care power of attorney and a financial power of attorney, you may want to do so now before it's too late.

New health care cuts will likely affect Medicaid

Last week, most media attention was paid to former FBI Director James Comey and his public hearing in front of the Senate regarding the Russian probe. But also going on at the was a hearing with Tom Price, Health and Human Services Secretary as he discussed possible effects of President Donald Trump's American Health Care Act.

Specifics within the Act could be troubling for the millions of Americans who rely on Medicaid. According to the non-partisan Congressional Budget office, the Act will cut as much as $880 billion dollars from health care and social services. Price denied that the cuts would affect Medicaid, stating that the program would be more responsive to those currently under Medicaid, and that millions would not lose their Medicaid coverage.

Planning ahead for uncertain events

The late, great Benjamin Franklin once said there were only two certainties in life - death and taxes. While Americans all know that taxes are due on or around April 20 of each year, one thing we do not know is when our time will come.

Estate planning and thinking about your future may not be high on your list of priorities. All too often, people get bogged down and distracted with their day to day needs such as work, errands, chores, taking care of family, and when time allows, leisure activities and vacations. The last thing on our minds is thinking about our death.

The first 4 stages to creating an estate plan

The majority of New York residents don't have a large amount of savings or assets to plan their estates around. However, estate planning is not just for the Rockefellers of the world.

Estate planning can simply be about protecting the equity of your home and trying to help your family stay together, sane and financially secure when you're no longer able to provide them with support. It doesn't have to be overly involved or complicated.

Staying on top of the complex nature of Medicaid

For many New York residents, the costs of living can get higher as they get older. When younger, it can often be the case that living expenses might only consist of apartment rent, heating, electricity, food and so on. But as New York residents get older, they may need to pay for myriad medical expenses, along with nursing home care or in-home care. For these people, oftentimes Medicaid assistance is available to help pay for the thousands of dollars that can result from these types of care.

However, the process of applying for Medicaid is not always so simple. There is a lot to know about the process and oftentimes it takes the expertise and guidance of experienced elder law attorneys. At the Westchester County, New York, firm of Enea, Scanlan & Sirignano, LLP, we are available to help walk you through the process and help you reach your goals. Whether that's nursing home advice, hospital admittance status, how to transfer a residence and protect your assets, or applying for Medicaid home care, we're here to help.

Should you create a special needs trust for your autistic child?

The diagnosis of autism in young children is on the rise. Nearly 2 percent of male infants and 0.5 percent of female infants are born with autism and eventually diagnosed. Overall, that means that 1 in every 68 children born in the United States has an Autism Spectrum Disorder (ASD) diagnosis.

When your beloved child receives an autism diagnosis, there are many special steps you will likely take as a parent. These include special education schools or programs, autism-intervention therapies such as Applied Behavioral Analysis (ABA), speech and physical therapies and even in-home nursing care.

Reporting neglect or abuse in a nursing home

New York residents have to make a lot of difficult decisions throughout the course of their lives. One of the bigger decisions that many have to face is whether or not to move a loved one into a nursing home. Of course, this decision is often made with the utmost care. Loved ones will often painstakingly research the options available to them and pursue what they see as the best one. However, sadly, there is no reliable way to ensure that a nursing home facility does not mistreat a loved one. Nursing home abuse is a sad reality that some families will have to face.

Of course, it is very much against the law to engage in elder abuse. Nursing home residents have rights that protect them. If nursing home abuse does occur, it should be reported. But first, it can be helpful to gather the facts. Providing basic information can aid investigators with their investigation.

What legal rights do nursing home residents have?

Deciding to bring a loved one to a nursing home is a big decision and one that many choose to consider carefully. Of course, most New York residents want to place their loved ones somewhere where they will be treated with the utmost care. After all, it is the duty of those who provide care to do everything within their power to prevent any kind of harm to the residents at a nursing home. Sadly, however, this is not always the case. Nursing home abuse is a reality that some New Yorkers will have to face.

Nursing home residents are protected by certain rights. There are federal regulations that apply to each of the four types of nursing homes -- adult boarding facilities, residential care facilities, intermediate care facilities, and the highest level of nursing home, skilled nursing facilities. Different regulations apply to each level of care facility. However, all nursing home residents have certain rights.

Is your loved one safe from nursing home abuse?

Nursing home abuse takes many forms. It can be psychological, care-related, physical and even sexual in nature. However, by the time the abuse had occurred, the damage is done. The best thing to do is to take precautions to prevent nursing home abuse from happening in the first place.

Let's say your mother recently needed to check into a nursing facility to provide for her needs. As a dutiful son, you've done a massive amount of research to pinpoint the best nursing home in the area. Nevertheless, you also know that nursing home abuse can happen anywhere, and you're worried.

A look at the basics of guardianship

There are many reasons why someone may find themselves in a situation in which they can no longer make decisions for themselves. Whether that's physical or mental challenges such as multiple sclerosis, Lou Gehrigs disease, Alzheimers, senility, dementia and the like, there are a variety of reasons why it may be necessary to designate a guardian for someone. These can be personal or financial, too, such as when a person becomes a victim of elder abuse or perhaps financial affairs necessitate the protections of guardianship.

However, many New York resident may be unclear as to how guardianships work. Basically, a guardian is chosen to make decisions for a person who can no longer make these decisions by his or herself. The guardian can be chosen either by the courts or they may also be named in a legal document -- i.e., a will. What kinds of decisions can be made by guardians?

Office Locations

Enea, Scanlan & Sirignano, LLP
245 Main Street
White Plains, NY 10601

Phone: 914-269-2367
Toll Free: 800-724-1327
Fax: 914-948-9316
White Plains Law Office Map

Additional office location
in Somers, New York

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Rated by | Super Lawyers | Anthony J. Enea | Visit superlawyers.com Rated by | Super Lawyers |Sara E. Meyers | Visit superlawyers.com Best Lawyers | Anthony J. Enea | Lawyer of the Year | Trusts and Estates | White Plains,NY | 2017 FindLaw Network