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White Plains Long-Term Care Planning Law Blog

Common mistakes when handling estates

Losing a loved one is a difficult thing to deal with. While surviving family members focus on their emotional healing and remembering their lost loved one, they often also have to confront the reality that they have to figure out what to do with their loved one's assets. This process of asset distribution may sound easy enough, but in practice it can be fraught with logistical and legal complications.

However, when it comes to first assessing one's estate, there are some common mistakes to try to avoid. The first is to not waste a lot of time going through the estate piece by piece. Instead, individuals should consider initially separating personal property into categories that are much easier to tackle later on.

New York firm providing care planning services

Most of us do well to plan a week or maybe a few months down the road. However, when it comes to one's health, that may not be enough. Why? Simply put, the cost of long-term care has skyrocketed and those who fail to plan for such care well in advance may be left without the care that they need or want. Also, a lack of planning may leave loved ones responsible for a bill that they may be incapable of handling.

Proper care planning is possible, though. Oftentimes New Yorkers turn to experienced attorneys to learn more about their options and for the creation of pertinent legal documents. Attorneys can help these individuals assess whether long-term care insurance is right for them, as well as give them a clearer sense of the assistance Medicare can provide and its limitations as well. Medical powers of attorney can also be discussed to ensure that an individual's health wishes are followed in the event that he or she cannot make important decisions for himself or herself.

Home care and care planning

The fact that we all age is inescapable. However, there are a variety of factors that can affect how one's body reacts to age. Some individuals are able to take care of themselves up until their death. Others, though, become incapacitated and need additional care to live their day-to-day lives. Although those in the latter category have a wide range of options when it comes to obtaining assistance, some of which include placement in an assisted living facility. Most people, though, would prefer to stay in the comfort of their own home where they are easily accessible to loved ones.

Home care is becoming more popular not only because it allows elderly individuals to remain at home, but it also allows them to customize the type of care they want to receive. While holistic care is certainly available, individuals may also choose from personal care, health care, diet, house care and safety options. Personal care involves assistance with duties such as bathing and grooming, whereas health care involves being seen by nurses for monitoring of medical conditions and the administration of medical treatment. Assistance can be found for help with cooking and cleaning.

Using a trust to protect minor beneficiaries from divorce

You love your romantic partner dearly, but you also know that marriages can end in divorce. As such, you're concerned that your child could have his or her inheritance compromised if you and your spouse part ways in the future.

Fortunately, there are multiple asset protection options that could protect your child's inheritance from your new spouse in divorce, from your child's spouse in divorce and even from creditors. One of them is commonly referred to as a "discretionary lifetime trust for minor beneficiaries."

Probate can prove lengthy and expensive

Knowledge about the importance of a will is becoming more mainstream. However, many New Yorkers still put off creating this important estate planning document, which puts their assets and the distribution of those assets at risk. For many New York families, their loved ones pass away before any estate planning tools are utilized. When this happens, the matter will have to be addressed through probate court.

When an individual dies without a will and his or her estate is distributed through probate, many issues can be settled. For example, the state's intestate succession statutes lay out which relatives will receive the estate in these circumstances, thereby reducing if not eliminating the need for litigation.

Nursing home residents often over-medicated

Nursing homes are meant to be safe places for elderly individuals whose loved ones are unable to provide them with the day-to-day care they need. Many nursing home residents are frail, unable to speak for themselves and tragically, those who are able to voice their concerns may not be listened to by nursing home staff. This can create a dangerous environment where nursing home residents are put at risk of being seriously injured by nursing home abuse or neglect.

One way that nursing home residents can be harmed is by being over-medicated. One recently released study, which included nursing homes in New York, found that nearly 180,000 long-term nursing home residents are administered anti-psychotic drugs that are inappropriate for their condition. According to the report, these drugs are negligently used by nursing home professionals who hope to sedate those residents they feel are difficult to handle.

Cryptocurrencies should be included in estate plans

It seems like every aspect of our lives is becoming digitized. Entirely within the Internet context, we can communicate with our friends, market ourselves for a new job, and even share intimate details of our personal lives through social media sharing. As all-encompassing as that may seem, the digital world's effect on our lives doesn't stop there. For example, even our money is becoming digitized through cryptocurrencies such as Bitcoin.

While there has been a lot of attention lately on the significant swings in these currencies' value, there is another matter that very few have adequately considered: how these cryptocurrencies are handled upon one's death. Whereas many investment plans require an individual to name a beneficiary, these cryptocurrencies do not. Therefore, when an individual dies without a will and without notifying his or her loved ones that the cryptocurrency exists, the currency can be lost.

Infection control in nursing homes

Nursing homes care for some of the most vulnerable people amongst our population. These elderly individuals are oftentimes medically frail, requiring close monitoring and the provision of adequate medical services. When these matters are not appropriately handled, then innocent nursing home residents can be seriously harmed. This is why New York has implemented a number of regulations aimed to ensure nursing home safety.

One of these regulations focuses on infection control. Elderly nursing home residents often suffer from weakened immune systems, leaving them susceptible to infection. This can be especially true when they are injured in a fall or develop bed sores. In order to prevent and control infection, New York regulations require nursing homes to develop an infection control program. These programs must contain written policies that dictate how infections are investigated and controlled, as well as how individuals who are infected will be handled. This often requires isolation.

Long-term care insurance is getting more expensive

For many reasons, planning for the future can be difficult. Yet, when it's boiled down, we simply don't know what our futures hold, which makes it hard to determine what type of planning we need to undertake. In most cases, though, people will want to plan for the worst and hope for the best. This is especially true when it comes to long-term care planning.

Planning for one's own long-term care may seem simple, but the task can actually be quite complicated. Many assume that Medicare will cover all of their medical needs, but this simply isn't the case. Therefore, New Yorkers need to ensure that they are taking a comprehensive and diversified approach to care planning. Before making any final decisions in this regard, it may be beneficial to speak with a professional experienced in this field, as some planning options may not be right for a particular individual.

Planning for retirement: Preserving your nest egg

As you get older, the idea of having a nest egg of money is more and more appealing. You don't want to run out in early retirement, and you always want to have a little stash of cash for expected expenses and rainy days.

There are many things you can do to keep your nest egg safe. From knowing when to sell or save your stocks to revising your retirement plans, it's possible to keep your nest egg in good condition.

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

Phone: 914-269-2367
Toll Free: 800-724-1327
Fax: 914-948-9316
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Additional office location
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