White Plains Long-Term Care Planning Law Blog

Previously on this blog we have discussed malnutrition that occurs in nursing homes. When innocent residents are subjected to inadequate nutrition, their health and well-being can be put at serious risk. Far too often, those who are subjected to malnutrition suffer from worsened medical conditions or death. Recovering from the damages malnutrition can impose can be difficult, but pursuing a personal injury or wrongful death lawsuit may be beneficial.

In order to succeed on one of these claims, though, a victim or his or her family will have to establish that a nursing home and/or its staff acted negligently, which thereby caused the victim's harm. One way to prove neglect is to demonstrate that a nursing home failed to abide by laws and regulations that are designed to ensure residents' safety.

We all have a general idea of who we would like to have our possessions if we pass. Those who engage in estate planning hope that their assets will be passed on in accordance with their wishes. To do so, these individuals utilize a number of legal tools, including trusts, wills and powers of attorneys. However, even the most iron-clad estate plan can falter when an estate administrator and others involved in the estate distribution process fail to abide by the laws and rules in place to protect estates.

One need only look at an ongoing case that highlights this issue. There, the value of the estate of a small-town doctor who was responsible for opening a number of eye surgery centers has come into question. The doctor, who passed away in a car wreck in 1989, left his estate to his wife. A team of accountants, lawyers, bankers and insurance agents worked together to help the surviving spouse handle the estate. The couple's children were set to inherit the estate after the widow's death, but even prior to her death in 2007, questions were being raised as to how the estate was being handled and its true value.

There is always something we need to do better our future, but this does not mean it is easy to take these steps. It can take a lot of courage to initiate the estate planning process. It's not easy to address your own mortality, and the thought of how to divide your assets amongst your loved one's can be stressful, especially when expectations are high. Although some individuals feel a massive sense of relief once they complete their estate plan, they are far from being done with the matter. Those who fail to revisit their estate plans may very well be putting their estates in jeopardy.

There are many risks associated with a neglected estate plan. First, one's plan may fail to contain documents that address important issues that have arisen since its first creation. For example, a medical directive may be needed or modified over the course of time. Second, failing to look at your estate plan from time-to-time can mean that you fail to change your beneficiaries as needed. This could result in loved ones being left out of asset distribution. It might also mean that unwanted beneficiaries are still able to claim property against your wishes.

There is no escaping the fact that we and our loved ones will grow old. In many instances, this means that a loved one may eventually become unable to care for him or herself. When this happens, plans must be made with regard to one's long-term care. There are many options, including home health care, but many New Yorkers wind up turning to nursing homes. Although it may sound easy enough, choosing a nursing home can actually be a challenging endeavor. Yet, it is one of great importance and should not be taken lightly.

Fortunately, by taking certain steps, individuals may be able to select the perfect nursing home for themselves or a loved one. The first step is simply identifying nursing homes in one's area. This can be done by asking medical professionals, family and friends or utilizing resources available through government websites.