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White Plains Long-Term Care Planning Law Blog

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.

Proving incapacity for guardianship purposes

Very few New Yorkers expect to be put in a position where they have to be responsible for the care of a loved one. Yet, quite often, an elderly loved one, or one who is simply incapacitated, becomes unable to care for him or herself. When this happens, it may be necessary for an individual to seek guardianship of their loved one. Doing so can instill an individual with certain legal rights that allow them to ensure that the guardian and his or her property is adequately protected.

While many elderly and incapacitated individuals agree to a guardianship, sometimes they don't. When this happens, the burden falls on the potential guardian to prove by clear and convincing evidence that the subject is in fact incapacitated. In New York, this means showing that the subject is likely to be harmed because he or she is unable manage his or her own person, property and financial matters. Additionally, it must be shown by clear and convincing evidence that the subject does not understand the negative implications of his or her inabilities.

Hurt by nursing home abuse? Consider legal help

We all have to make tough choices in life. Amongst those include how to care for our elderly loved ones when they become unable to care for themselves. Many New Yorkers struggle with this decision, as what they feel would be best for their loved one often conflicts with the realities of their financial situation and their day-to-day lives. For a variety of reasons, many New Yorkers turn to nursing homes for assistance in providing this delicate care. It's a heavy burden, and one that shouldn't be taken lightly. Yet, although many nursing homes provide a safe place for the elderly, sometimes these businesses and their employees act in ways that put residents at risk of harm and death.

There are a number of ways this can occur. Nursing home neglect, for example, can occur through a nursing home's failure to provide adequate nutrition, proper supervision and appropriate and timely medical care. Nursing home abuse is a common problem, too. Nursing home staff may bully and even physically strike residents, leaving them not only in pain but also in fear of the consequences of making a report.

Act now if you suspect an elder is being abused at a nursing home

Numerous elderly patients die in nursing homes in New York and throughout the United States every year because of nursing home abuse and nursing home neglect. As such, if you suspect your love done is being abused, it's absolutely vital that you take action as soon as possible.

If abuse is occurring, you can file a legal action to make it stop and you can also pursue financial restitution to pay for your loved one's medical costs and other financial damages stemming from the abuse.

Trust administrator accused of theft

Creating a trust account can be a great way to provide financial security for yourself and your loved ones. Depending on the type of trust you choose to create, you can dictate how trust funds are managed, paid out and utilized. While selecting the right type of trust or trusts for you can be critically important, so, too, can choosing your trust administrator. To see just how important this step can be, you need only look at one recent case where a trust administrator is accused of abusing his power.

According to reports, the man was responsible for administering a savings account in trust for another individual. However, shortly after opening the account, the man allegedly converted significant funds for his own personal use. Some reports estimate that he stole more than $120,000, as the money was intended for the other individual's personal needs. The man has since been arrested and is now facing multiple felony charges.

Nursing home injuries result in criminal charges

When loved ones become too old and frail to care for themselves, their family members are put in a tough position when they must decide how to ensure their elderly loved ones receive proper care. Although some hire home health aides and others allow their elderly loved ones to move in with them, a significant number of people choose to place their loved ones in nursing homes. These institutions are strictly regulated, as they are tasked with a heavy responsibility. Many of these facilities provide appropriate service in a safe environment. Far too often, though, nursing home abuse or negligence leaves innocent residents with serious injuries.

This may be the situation in one case where a nursing home resident suffered two broken legs after a fall. According to reports, the resident, who weighed 400 pounds, was hurt when a nursing assistant attempted to give the patient a bath without assistance. The injuries were suffered after the nursing assistant attempted to turn the resident over to continue washing her and the resident fell off the bed. The combination of the three feet fall and the resident's weight caused her to suffer two broken legs, which required surgery with the utilization of plates and screws.

The benefits of an irrevocable trust

The decision to place your money and assets into an irrevocable trust is a serious one. That's because you will not be able to modify, change or revoke your irrevocable trust after you have created and funded it.

The assets will be managed the way you've instructed the trust to handle them, and they will benefit the parties you've identified as beneficiaries. However, once your assets are inside the trust, they will not belong to you anymore.

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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
in Somers, New York


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