This April, members of the Special Needs Alliance (SNA) traveled to Washington D.C. for their annual spring meeting and a “Day on the Hill.” During their visit to Capitol Hill, SNA members briefed their local members in the Congress and Senate on issues regarding public policy, advocacy and special needs trusts (SNTs).

Littman Krooks attorney and SNA member Amy C. O’Hara, Esq., spoke with aides of Rep. Eliot Engel (NY) and Sen. Kristen Gillibrand (NY) to discuss and act on what appears to be a simple drafting error in the writing of the Omnibus Budget Reconciliation Act of 1993.

The drafting error in this bill makes the presumption that that an individual who is disabled lacks the requisite mental capacity to create his or her own first party SNT. The proposed change to 42 USC § 1396p (d)(4)(A) would allow an individual with disabilities, who has the requisite mental capacity, to create a special needs trust by him or herself without petitioning the court to authorize the trust, thereby saving the individual a significant amount of time and money in attorneys’ fees.

Ms. O’Hara also advocated in support of The Disabled Military Child Protection Act (H.R. 4329 of the 112^th Congress). This bill, if passed, would ensure that a dependent child who is disabled would continue to qualify for certain government benefits (i.e. Survivor Benefit Plan) by transferring payments to a special needs trust (instead of leaving the benefit directly to the child). Passing this piece of legislature would allow military families to plan for the future of their special needs child and to protect his or her eligibility for means-tested government programs.

Visit www.littmankrooks.com for more information.

Amy C. O’Hara is an attorney with the law firm of Littman Krooks LLP where she practices in the areas of estate planning and administration, trust administration, guardianships, special needs planning, elder law, and veterans’ benefits. She lectures frequently to advocacy organizations and families on the importance of proper planning for families of children with special needs. To read more about Amy, click here.

]]> http://www.littmankrooks.com/ny-estate-planning-attorney-discusses-changes-to-snts-with-congress-and-senate/feed/ 0 http://www.littmankrooks.com/social-security-online-accounts-are-available/ http://www.littmankrooks.com/social-security-online-accounts-are-available/#comments Tue, 07 May 2013 13:21:35 +0000 kyan http://www.littmankrooks.com/?p=8659

The Social Security Administration (SSA) allows recipients of Social Security benefits to check their benefits information online, change their information for direct deposit, and accomplish other tasks. The online accounts, called “my Social Security,” are available at www.socialsecurity.gov/myaccount.

To create an account, you must be at least 18 years of age, and have a Social Security number, a U.S. mailing address and a valid email address. The process of creating an account is straightforward and involves submitting personal information and choosing a username and password.

Once you have an online account, you can access your Social Security statement. Your statement estimates what your Social Security benefits would be if you retired at age 62, age 67 or age 70. It also shows your estimated benefits if you were to become disabled and your survivors’ benefits in the event of your death. These statements used to be sent to workers by mail each year, but they are now available only through online accounts. In addition to viewing their estimated benefits, online users can also change their contact information or direct deposit information and get their benefit verification letter, which is sometimes needed as proof of income for various reasons.

The SSA estimates that online information has been accessed 5.3 million times since the online statements became available one year ago.

For more information about our estate planning services, visit www.littmankrooks.com.

The Supplemental Nutrition Assistance Program (SNAP) provides low-income Americans with financial assistance to buy groceries, and many older Americans rely on it. However, only about a third of eligible seniors participate in the program, perhaps from a mistaken understanding of who is eligible and how much assistance is available. Seniors need to know about SNAP’s deductions for medical expenses.

SNAP makes sense for many New York seniors, especially because the state allows individuals to have savings and still qualify for benefits. A household with an older adult or a disabled person must have a net income of 100 percent or less of the federal poverty level. In 2013, that is $11,172 for a single person. However, net income is gross income minus all allowable deductions. There is a standard deduction for each household, plus deductions for housing, utilities and medical costs. Seniors can often benefit greatly from the medical deduction.

Fifty-five percent seniors that are eligible for SNAP could also take the medical deduction, but only about 14 percent do. The medical deduction is for households with a person 60 years of age or older or a person with a disability. Any medical expenses above $35 per month may be deducted, as long as they were not covered by insurance or paid by someone else. There is no cap on the deduction. Deductions may include medical or dental care, hospitalization or nursing home care, health insurance costs, medical devices, home health care and prescription medicine.

SNAP benefits are provided with an electronic benefits card similar to an ATM or debit card. To apply for SNAP benefits in New York, visit https://mybenefits.ny.gov.

Visit our website at www.littmankrooks.com. For more information about our elder law services, visit www.elderlawnewyork.com.

]]> http://www.littmankrooks.com/seniors-should-make-the-most-of-the-snap-medical-expense-deduction/feed/ 0 http://www.littmankrooks.com/long-term-care-a-growing-cost-concern-for-women/ http://www.littmankrooks.com/long-term-care-a-growing-cost-concern-for-women/#comments Mon, 08 Apr 2013 15:43:31 +0000 kyan http://www.littmankrooks.com/?p=8614 More women tend to need long-term care coverage, and they will be paying more for it.

Prices for long-term care insurance will soon reflect the reality that women live longer and file more claims than men. That change could mean significant upheaval in an already confusing and unpredictable market—and for some women who have been on the fence about buying such coverage, it creates a new decision-making deadline.

Gender-based long-term care policies are beginning to be offered to women who apply for individual coverage. Genworth, one such company offering the gender-based policies, may be reacting to the longer life expectancies of women compared to men.

While women have not been charged more for the same long-term care polices as their male counterparts, they typically live longer than men. Women are an estimated 60 percent of long-term care insurance policyholders, and are between 70 percent and 80 percent of the claimants. Women both live longer than men and typically file larger long-term care claims than men.

The insurer Genworth’s move to raise long-term care prices will affect single and married women.  While couples often could get a lower combined rate on their care coverage, marital status may no longer allow a cost break. The pricing approach varies by insurance carrier. Couples may get a discount from about 25 percent to 40 percent less than individual policies. Forty-seven percent of women age 55 and older are single either because they are divorced, separated, never married or widowed. If a woman who is married applies individually, she would also pay the increase.

Some insurance companies may begin charging a married woman more for her long-term care policy if she outlives her spouse. The woman’s premium may be something like 10 percent higher than the current rate, while her husband’s might be 10 percent less than the current rate; they’d pay the same as before, but the additional cost would be covered by the individual most likely to need longer care. But if the woman does outlive the man, she’d lose his lower cost and continue to pay her higher rate.

There are general premium price hikes happening throughout the insurance policy field. Over the past five years, premiums have risen as much as  50 percent as the industry has tried to correct miscalculations made before the most recent recession.

For more information, visit www.littmankrooks.com.

The goal of the awareness campaign is to help the American public learn how to keep their financial and estate plans up to date.  Financial Literacy Month was officially designated by a Congressional proclamation.  NAEPC is joining with financial professionals, nonprofit organizations and financial services organizations to promote financial literacy. To learn more about the NAEPC Education Foundation and their improving financial awareness campaigns, please visit: http://www.estateplanninganswers.org/national-financial-awareness-campaigns/.

The organizations believe increased awareness is necessary, as evidenced by the following:

• An estimated 120 million Americans lack a proper estate plan, making estate planning a severely overlooked area of financial management.
• Most Americans over 65 depend totally on Social Security, but with increased knowledge and planning, seniors could be more secure.
• Estate planning is important for everyone, not just wealthy people.  Issues such as managing assets and bill payments in the event of a disability or disease can be handled carefully with advance planning.
• Most Americans are unable to adequately plan for retirement.  With proper knowledge and planning, that can change.

If you have delayed creating or updating your estate plan, now is the time to take action.  You will need to gather and organize your financial information, decide on your personal financial goals, and seek out an estate planning attorney to develop your estate plan.  An estate plan should be updated at least every three years or whenever there is a change in your situation such as marriage, divorce, births or deaths, or a substantial change in the size of your estate.

For more information about our estate planning services, visit www.littmankrooks.com.

The male former service members who become homeless after returning to the States largely do so when battling mental illness and/or substance abuse issues.  Female vets come home with those issues as well as a tougher time finding gainful employment and housing. Even more often, these women come home with issues stemming from military sexual trauma, or MST, which can cause or exacerbate post-traumatic stress disorder.

It is estimated that there were more than 140,000 homeless veterans in the U.S. as of 2011, according to the Department of Housing and Urban Development. That number is expected to rise as more troops come home this year. Of that 140,000, almost 10 percent are women, an increase from 7.9 percent as of 2009. Women service members now comprise 18 percent of the Army National Guard and the Reserves, and 14 percent of active-duty forces.

Female vets face issues that can make them particularly vulnerable while trying to assimilate into civilian life. Dr. Donna L. Washington, of the West Los Angeles Veterans Affairs Medical Center and professor of medicine at UCLA, calls what these women face a “web of vulnerability” due to the military sexual trauma, the lack of affordable family housing and the low re-employment rates. Female vets are more likely than their male counterparts to be single parents, but more than 60 percent of the transitional housing programs which receive Department of Veterans Affairs grants either do not accept children, or have restrictions on the number of children accepted and their ages.

A recent study led by Dr. Washington found that approximately 53 percent of homeless female veterans reported that they had experienced military sexual trauma, and a significant number of women who joined the military did so in part to escape troubled family environments or abuse.

The White House has pledged to end homelessness for vets by 2015, and is working on permanent voucher programs.  Congress has also allocated $300 million to work on homelessness prevention by offering short-term emergency money to vets so they can make a housing down payment and pay utility bills. And new legislation was recently introduced to reimburse vets for child care while in transitional housing.

For more information, visit www.littmankrooks.com or www.elderlawnewyork.com.

Helping Families Plan for Their Special Needs Child

Please join us for an informative webinar designed for parents and grandparents of children with special needs. Sheryl and Amy, two prominent Special Needs Planning attorneys, will discuss a variety of topics including:

• why planning for the future is necessary
• when to plan
• planning tools available
• the role of public benefits

Registration is required for this webinar. If you want to attend, please click here (http://ow.ly/jFqc1) and complete the registration form. You will then receive an email with instructions for logging into the webinar on April 25.

Every day approximately 53 veterans die while waiting for their benefits.  The VA has a backlog of about 900,000 claims.  Eric Shinseki, the United States Secretary of Veterans Affairs, has said that the claims system will be improved significantly by 2015.

Although the VA has acknowledged that the average wait time is 272 days, the Center for Investigative Reporting (CIR) found that the wait can be two months longer for veterans filing their first claim for benefits, especially in major cities.  According to VA internal data obtained by CIR, the wait time for first-time claimants is between 316 and 327 days.  First-time claimants in New York City wait 642 days.  In Los Angeles the wait is 619 days and in Chicago it is 542 days.

The number of veterans who wait longer than one year for benefits has increased from 11,000 in 2009 to 245,000 by the end of 2012.

The VA says that its goal is to resolve nearly all claims within a four month period, by the year 2015.  However, the department projects that the number of veterans waiting for benefits will continue to grow in 2013, reaching more than one million.

For more information about our legal services for veterans, visit www.littmankrooks.com.

IRA owners who meet the minimum age requirement can donate up to $100,000 directly from their retirement account to charities such as churches, schools and other nonprofit organizations – although not most private foundations.

The gift cannot be claimed as a charitable deduction on the IRA owner’s tax return, but there are other benefits.  The donation does not count as taxable income, but does count as part of an IRA owner’s required annual withdrawal.  The donation does not raise adjusted gross income, so it will not affect Social Security benefits or Medicare premiums.  Eligibility for several other taxes and tax benefits are determined by adjusted gross income, such as a new phasing out of itemized deductions and personal exemptions, a new tax on investment income, and other tax credits and deductions.

Making donations from an IRA can be a good idea if you are concerned about minimizing adjusted gross income, if you do not itemize deductions, or if you do not have many liquid assets other than your IRA.  You can best decide whether such a donation is the right move for you by consulting with your estate planning attorney or tax professional.

For more information about our estate planning services, visit www.littmankrooks.com.

New York seniors are getting a prescription price break.

According to the AARP, almost 300,000 New York seniors enrolled under the state’s Elderly Pharmaceutical Insurance Coverage (EPIC) program are slated to receive co-payment assistance this year. Co-payment assistance, canceled due to budget constraints, was restored in the state’s budget as of January 1, 2013, though funding past March 31, 2013 has yet to be determined.

The AARP New York State Manager of Government Affairs, David McNally, stated that EPIC is one of New York’s most essential programs for seniors, and he applauds the reestablishment of funds to help seniors afford their much-needed medication.

EPIC reports that the average enrollee using their co-payment assistance is female, 78 years old, taking four prescription medications. As of January 1, for any senior eligible for EPIC, co-payments will return to their previous cost of no more than $20 per prescription. Without co-payment assistance, many seniors must pick and choose which medications they can afford to have filled, skipping the more expensive medications, often to the detriment of their health. The AARP works to help all seniors get the medication they need; EPIC’s previous budget constraints meant that financial help only kicked in when a senior had reached Medicare Part D’s coverage gap, commonly known as the “doughnut hole.”

Medicare’s part D coverage gap kicks in for seniors when their total retail drug costs reach between $1,800 and $2,970 (the ceiling amount differs from plan to plan) — the total retail cost of the medications, not the total amount paid by the patient. When a patient reaches the end of their initial coverage limit, they remain in the “doughnut hole” until their out-of-pocket expenses exceed $4,750, not including the portion of their prescription expenses paid by their insurance carrier or monthly Medicare Part D plan premiums.

Eligibility requirements for EPIC include being of age 65 or older, New York State residency, an annual income below $35,000 if single or $50,000 if married, and enrollment in or eligibility for Medicare Part D plan (no exceptions), without full Medicaid benefits.

For more information, visit our website at www.littmankrooks.com.

In determining how much life insurance you need, you should consider both the long-term needs and short-term needs of the people who depend on your income.

To determine the long-term needs of your dependents, consider how much earned income you bring to them each year.  Subtract from this the value of any property you will pass down to them, and help that other family members, such as your children’s grandparents, can be expected to give.  Also include in your calculations what Social Security survivors and dependents benefits will be available, as well as any pension plan that will help provide support.  In determining what support your children will need, consider how long it will take them to become economically self-sufficient.  If your children are already working or in college, they will need less support than young children would.

Short-term needs are also important to consider.  In the event of your death, do you have assets that will be available to your loved ones immediately, for instance through a joint or pay-on-death bank account?  If your estate contains significant liquid assets, then short-term needs are more easily addressed.  However, if much of your property is not easily converted to cash, then life insurance can fill the gap.  For instance, you would not want loved ones to have to sell real estate at a loss to cover short-term expenses.

Determining what, if any, life insurance you need is an important part of creating a comprehensive estate plan, which is best done with the counsel of an experienced estate planning attorney.

For more information about our estate planning services, visit www.littmankrooks.com.

The strike has disproportionately affected students with special needs.  Only 152,000 of New York’s more than 1.1 million school children ride the school system’s yellow buses, but 54,000 of them are students with special needs, many of whom use wheelchairs.

The cost of busing students has risen to $1.1 billion, and the city says it must take competitive bids.  The Amalgamated Transit Union wants protections for current workers.

Many special needs students rely on the yellow buses to take them to school.  During the strike, only two-thirds of special needs students have been able to attend school, by riding public transportation or being driven by family members or caretakers.  The city has provided free transportation passes and taxi reimbursement for students, and has posted school materials online for students who cannot get to school.

The high cost of the school bus program is partly due to the special needs of students.  Some students have restrictions on how much time they can spend in the bus or the number of other students they can ride with.  There are also requirements for additional bus attendants and escorting of children from door to door.  The Education Department spends approximately $13,000 per year to bus each special education student, more than four times the cost for other students.

Some parents said that the city’s offer of reimbursement for taxi services was not helping them, either because they did not have the money to make the initial payments, or because their children were not able to ride in taxis alone.

For more information, visit www.specialneedsnewyork.com.

This article was published by Deborah L. Jacobs, Forbes Staff,

featuring Bernard A. Krooks, Esq., Littman Krooks LLP

I’m in Orlando this week at the Heckerling Institute on Estate Planning, the annual Super Bowl on the subject sponsored by University of Miami School of Law. This is the fourteenth consecutive year that I have attended the conference, geared to lawyers, accountants and insurance agents who cater to high net worth clients. For many of them, it’s the end of an era.

The sea change came on New Year’s day with the passage of the American Taxpayer Relief Tax Act Of 2012 or ATRA. In less than three pages in that 157-page law, Congress put to rest much of the uncertainty that has plagued wealthy taxpayers for the past dozen years. (For a summary of the changes, see my post “After The Fiscal Cliff Deal: Estate And Gift Tax Explained.”)

That uncertainty has fueled a lucrative business for estate planners as the amount that their clients could transfer to subsequent generations tax-free kept threatening to drop, but only went up, as noted here. With the fiscal cliff looming at the end of 2012 it reached a high frenzy as lawyers worked overtime during the holiday season to set up trusts and fund them with gifts that made maximum use of what was then the $5.12 million per person tax-free amount.

As it happened, ATRA did not change how much you can pass tax-free–during life or at death. On Jan. 11 the IRS announced that, with the inflation adjustment, that amount will be $5.25 million in 2013 ($10.50 million for married couples).

As a result, far fewer people need to worry about estate tax. And that means lawyers who work in this field must plot their next career moves.

“We are tired and numb,” says Alan Gassman, a Clearwater, Fla. lawyer attending the conference who says he set up more than 20 trusts during the last three months of 2012 — more than he had done the whole year up until then.

“You go from having more work than you ever dreamed you can do to wondering ‘is anyone going to love me this year,’” says Gassman–a sentiment expressed by other lawyers at the conference. Clients are calling to ask if they did the right thing, he and others say. They’re concerned about whether they will have enough for themselves long-term and whether they gave too much away.

How to deal with donor’s remorse will be a topic of discussion later this week, and I will be reporting about it in this space. Other residual work for lawyers in 2013 will include preparing gift tax returns for 2012 gifts, which are due on April 15.

Inevitably the gift tax audits will begin in 2014, as the Internal Revenue Service challenges some of the cute text tricks used to leverage or pack even more into the lifetime exemption amount–tax tricks that dominated the program at this conference in past years. But looking ahead there is clearly less work to be done. During a panel discussion on recent developments yesterday, Dennis I. Belcher, a lawyer in Richmond, Va., said his firm plans to engage in “strategic planning.”

One potential growth area is the field of elder law, which deals not just with the subject of asset transfer, but also with the quality of life as people age over a period that, given improved medical care and increasing life expectancies, may extend for 20 to 30 years. It was the subject of a three-hour “fundamentals” program yesterday — a time slot that at past conferences has been devoted to subjects like planning for closely held businesses; and ways to achieve valuation discounts before transferring assets during life.

Yesterday’s well attended session featured two elder law trailblazers: Lawrence A. Frolik, a professor of law at the University of Pittsburgh, and Bernard A. Krooks, a lawyer with Littman Krooks in New York. In an interview, Krooks noted that for much of his career “this was the estate planning that no one wanted to do.” Now he’s a marquee name at prestigious conferences like this one.

Afterwards, lawyers come up to him and talk about issues they’re having in their own families, Krooks says. “They might not know a lot of people who have $5 million to give away, but everyone knows someone who’s old and sick.”

As a reminder, our webinar on Special Education Advocacy with Sheryl Frishman begins at 12:00 PM. Please try logging in a few minutes early to avoid traffic.

To begin our webinar, please follow the instructions below:

The firm has hired Giulia Frasca, an experienced Special Education attorney. Ms. Frasca works with children with special needs and their parents to obtain a free and appropriate public education from their school district. She also handles other special needs matters such as guardianships, wills and trusts. Giulia is admitted to the bar in New York, New Jersey and Connecticut. She is fluent in Italian.

“We are tremendously excited to have Giulia join us. Her knowledge, experience, and person centered approach complements our expert team and will allow us to serve an even greater number of families in need”, says Sheryl Frishman, Of Counsel to the firm.

In addition, Littman Krooks will now handle school disciplinary matters along with special education advocacy, special education due process, special education private school reimbursement, Section 504 accommodation advocacy, transition planning, and SAT/ACT test accommodation advocacy. Littman Krooks only represents students and their families and does not represent school districts.

This dedicated special education legal team is the largest and most experienced one in the Hudson Valley. In addition to Ms. Frasca, it includes attorneys Bernard A. Krooks, Sheryl Frishman and Marion Walsh as well as advocates Nanette Saturn and Nicole Garcia. Along with Westchester and the Hudson Valley, the team handles cases in every borough of New York City and Connecticut.

Littman Krooks maintains a strong reputation in the disability community due to continued client referrals and their ability to empower families through education and knowledge. The firm uses a proactive client-centered and person-centered approach that allows for tailored representation to our clients’ unique needs.

Visit www.specialneedsnewyork.com to learn more about Littman Krooks LLP and their work for the empowerment of individuals with special needs.

source:  lawfirm newswire

But although the stereotype of women caring for elderly relatives is widespread, it is increasingly inaccurate. A recent Pew Research Center report says that in the United States, men take on that responsibility in 45 percent of cases.

Social norms are rapidly changing in 21^st century America, and men are increasingly filling the role of caregivers for both the elderly and children.

Also, as increasing numbers of baby boomers reach retirement age, there are simply more elderly people in need of care, increasing the need for men to step up and contribute. And because elderly parents are increasingly geographically dispersed, the proximity of a child, rather than gender, may determine who must take on that responsibility.

Care-giving men may be more reluctant to seek assistance than women, but they should not overlook the many valuable resources available to assist those caring for elderly parents, including:

• Services to assist in understanding and accessing government benefits available to seniors, such as a Benefits Check-Up from the National Council on Aging and Elder-care Locator from the U.S. Administration on Aging;
• Work benefits available to employees of many large companies, such as free informational and referral services;
• Geriatric care managers, who help assess medical needs, arrange in-home care, and more;
• The Department of Veterans Affairs’ “aid and attendance” benefit, available to many veterans who served at least 90 days active duty; and
• Community support groups specifically for caregivers.

For more information, visit www.littmankrooks.com.

BY Bernard A. Krooks, Esq., Littman Krooks LLP

Baby boomers could soon face their own fiscal cliff, as state governments consider the implications of “filial responsibility” claims making their way through court systems. Although seldom enforced, statutes holding adult children responsible for their parents’ bills are on the books in about 30 states. A Pennsylvania man was recently told to pay $93,000 for his mother’s nursing home care.

Filial responsibility laws have been around since colonial times, but with the advent of Social Security, Medicare and Medicaid, most states stopped enforcing them. Now that the national dialogue is increasingly focused on the role that entitlements should play in balancing the budget, that could change.

New York has no filial responsibility law at this time, but consider the numbers: According to AARP, nearly three-quarters of the $13.4 billion spent each year in New York for nursing home care is primarily paid by Medicaid, a program that’s jointly funded with federal and state dollars.

With the largest generation in U.S. history approaching retirement, costs stand to balloon. Gov. Andrew Cuomo has already been aggressive in his efforts to rein in Medicaid costs. Shifting responsibility from a controversial, publicly funded benefit to family members could prove attractive.

Filial responsibility laws usually involve situations in which a parent has unpaid medical bills or has relied on government support. States have been known to garnish wages, assign property liens and report unpaid debt to credit agencies. In some places, it’s possible to serve jail time.

Enforcement has typically involved situations in which the adult child was somehow responsible for the parent’s impoverishment, perhaps by defrauding them. Not so in the Pennsylvania case. So adult children who may have had absolutely no control over their parents’ financial decisions could suddenly be faced with whopping bills.

These are particularly stressful economic times for boomers, faced with tuition debt, shrinking retirement investments and recession-hobbled careers. Although courts have typically not forced adult offspring into poverty, the result can still be devastating. The son hit with his mom’s $93,000 bill had an $85,000 yearly income.

Given longer life spans, traditional preparations for retirement may be insufficient. In many cases, the younger generation has assumed that mom or dad could just move in with them, if necessary. At worst, they figured that Medicaid would handle nursing home expenses. But the elder care landscape may be changing in ways that are difficult to predict, and potential liability argues for increased involvement by adult children in their parents’ financial planning.

Because elderly parents can be stubborn about sharing money details, it may be helpful to frame such discussions in terms of the arrangements that middle-aged “kids” are making for their own golden years. And long-term care insurance should certainly play a part in the conversation. If parents don’t already have a policy, run the numbers.

Depending on their age, high premiums may mean that it’s more cost-effective to self-insure. In either case, money should be allocated to cover care that may not be handled by either Medicare or Medicaid. It may be advisable for adult children to help out with premium payments now to avoid more expense later on. If acquiring a long-term care policy is practical, sorting through the options can be confusing. So it’s wise to seek advice from a certified elder law attorney, who can explain the various options and riders available to you in these insurance policies.

It appears that many of the filial responsibility suits underway in Pennsylvania – given current program guidelines – are aimed at prodding offspring to file Medicaid applications on behalf of their parents. So establishing and maintaining eligibility for the government benefits that are currently available are other important considerations. Again, the process can be complex and legal advice can avert costly mistakes.

It’s not easy to watch parents age, and most adult children want to do everything possible to ensure their security. No one can predict what will happen in New York state regarding filial responsibility statutes, but candid family discussions and contingency planning could avoid having to make painful, crisis-driven choices in the future.

Bernard A. Krooks is managing partner of the law firm Littman Krooks L.L.P. (littmankrooks.com), with offices in White Plains, Manhattan and Fishkill. He is a certified elder law attorney and past president of both the National Academy of Elder Law Attorneys and the Estate Planning Council of Westchester County.

Low-income and elderly veterans seeking to qualify for government benefits face a confusing array of rules and regulations and may feel compelled to deliberately manipulate their finances with an eye toward these benefits. An alarming recent trend has seen unscrupulous or misinformed investment professionals and attorneys guiding veterans into investments and wealth management strategies that may be ill-suited to their needs or may even subject them to penalties.

Certain benefits available to veterans and seniors are intended only for low-income individuals; in order to qualify, applicants must not exceed certain levels of income and net worth. These benefits include veteran pensions, veteran Aid and Attendance benefits, and Medicaid.

Annuities are one investment that individuals may be persuaded to purchase in order to manipulate their apparent wealth. An annuity is a contract in which an investor, usually elderly, makes a lump sum payment in exchange for a series of future payments until death. They are a form of longevity insurance and are appropriate for some individuals because of the guaranteed income stream that will last as long as the investor lives.

The downside of annuities is that the cash used to purchase them is tied up. Veterans who purchase them may benefit in terms of income, but may find themselves short on cash in the event of an emergency. Investors who change their minds and decide annuities aren’t right for them may face significant challenges in extricating themselves from the investment.

Asset transfers are another misguided strategy sometimes employed in order to qualify for VA pensions or Medicaid. Consider a father who hands over some assets to his children, or sells them for less than fair market value, in order to lower his net worth and thereby qualify for government benefits. He will not only be subject to the “lookback” period, but also a penalty period during which he will not be eligible for Medicaid.

The Medicaid lookback period is the 60 months preceding an individual’s filing for Medicaid benefits. Assets given away or sold for less than fair market value during this period count toward the individual’s net worth for purposes of determining Medicaid eligibility. If, during the lookback period, your father sold his car, worth $10,000, to you for a mere $5,000, the $5,000 difference still counts toward his net worth.

Worse still, such a transaction would incur a penalty period. That $5,000 your father sacrificed to lower his net worth would actually make him ineligible for Medicaid for a period of time. The length of that period depends on the average monthly cost of nursing home care in your state. If that figure is $2,500, the penalty period would be 5,000 divided by 2,500, or two months of ineligibility for Medicaid.

Note that this penalty period used to begin on the date of the asset transfer. But under the Deficit Reduction Act of 2005, it begins on the date the individual would otherwise qualify for Medicaid. This greatly reduces the ability of strategic asset sales and transfers to help an individual qualify for Medicaid.

Clearly, the rules governing eligibility for senior benefits, both for veterans and for non-veterans, are quite complex, and trying to beat the system can backfire.

Section 55-c of the New York State Civil Service Law allows the Civil Service Commission to fill up to 500 entry-level state employment positions with qualified disabled wartime veterans. These positions would normally be filled through a competitive examination process, but for qualified 55-c applicants, no written or oral examinations are required. However, a medical evaluation may be necessary to certify your eligibility for the program.

“Wartime veterans” refers to veterans of any branch of the U.S. Armed Forces who served full-time active duty during a designated time of war. These designated periods are:

Vietnam War

February 28, 1961 – May 7, 1975

Persian Gulf Conflict

August 2, 1990 – the date upon which such hostilities end

Hostilities in Lebanon

June 1, 1983 – December 1, 1987

Hostilities in Grenada

October 23, 1983 – November 21, 1983

Hostilities in Panama

December 20, 1989 – January 31, 1990

Eligibility for the program also requires that the applicant have a disability certified by the Employee Health Service (EHS) of the Department of Civil Service. The veteran may be required to undergo a no-cost physical examination by an EHS physician or an outside consultant. The disability need not be service-related in order for the veteran to qualify.

Recipients of Purple Heart medals and those who have been assigned a disability rating of at least 20 percent by the U.S. Department of Veterans Affairs automatically qualify for the program.

Disabled veterans seeking State employment are encouraged to apply for 55-c eligibility. Visit http://www.cs.ny.gov/dpm/c55.cfm to download an application or call the NY Department of Civil Service toll-free at 866-297-4356 if you have any questions.

For more information on elder law or veterans benefits, visit www.littmankrooks.com.

Amongst the long list of damages caused by Hurricane Sandy, the Manhattan VA Medical Center, located on 423 East 23^rd Street, suffered major damages from flooding that occurred in their basement which damaged mechanical systems, and the fire suppression system. With assistance from the VA NY Harbor Healthcare System, here is a list of emergency telephone numbers that have been established for any veteran in NYC in need of help during the upcoming Nor’easter:

Below is a list of telephone numbers for Veterans to use for information on general health questions, appointments, and for medication refills.

• An Emergency Pharmacy Refill Program has been established to limit medication interruption for Veterans enrolled for VA care. The system can be accessed by going to any big chain pharmacy with your Veteran ID card and medication bottle with label (showing a refill date within the last 90 days). Ask the pharmacist to call Heritage Health Solutions Customer Care Center at toll free 1-866-265-0124, where a Customer Care Representative will qualify the request by asking a few questions. No controlled drugs will be processed under this program. If a controlled drug is needed, please contact the Brooklyn VAMC Emergency Department.
• Medical Emergencies: Please dial 911.
• Veteran Information Help Line: 1-855-269-8338 (Mon-Fri, 8am-4pm) A new Veteran hotline designed to assist patients displaced from the Manhattan VA following Hurricane Sandy. A team of live attendants are available to answer calls and refer callers to appropriate services to meet their needs.
• VA Nurse Help Line: 1-866-940-2877 (24/7) to speak to a registered nurse if you experience any symptoms or have any health related questions.
• Centralized Scheduling: 1-877-877-9267 (Mon-Fri, 7:30am-8:00pm) if you have questions about an appointment at the Manhattan VA or to schedule an appointment.
• Mental Health Help Desk: 1-718-836-6600 x3759 (Mon-Fri, 8am-4:30pm) for questions or concerns about emotional well being or psychiatric illness.
• Pharmacy: 1-888-207-2004 (Mon-Fri, 8am-7:30pm) you may experience some additional phone transfer delays and may not hear any announcement or music on hold. Please stay on the line. Our agents will answer your call. Pharmacy phone number for ordering refills through the automated attendant (24/7).
• Pharmacy Call Center: 1-631-863-4832 to speak with a live attendant about refills, medication interactions or other concerns.
• Brooklyn VA Medical Center Emergency Department: 718-836-6600 x3125 (24/7)

For more information, visit http://www.nyharbor.va.gov/hurricanesandy.asp or http://veterans.house.gov/HurricaneSandy .

While anyone can fall victim to a thief, seniors are more at risk.  Scammers target the elderly because, having grown up in a simpler era, they may be more trusting, and because some seniors may develop cognitive issues, such as Alzheimer’s disease, that prevent them from detecting an attempt at fraud.

One of the most common scams is the telephone call announcing that the person answering the phone has won a sweepstakes prize.  To claim the prize, the “winner” need only send money to pay for “taxes” or other fees.  Con artists often represent themselves as being from Publishers Clearing House, a well-known sweepstakes firm.  Actual prizes from Publishers Clearing House never require the winner to pay taxes or fees up front.

Identity theft is also on the rise, with the Federal Trade Commission receiving more than 279,000 reports in the past year.  The actual number of identity theft cases could be much higher, as many victims are simply too embarrassed at having been fooled to report the crime.  Once thieves obtain a victim’s social security number and other identifying information, they can gain access to bank accounts and credit card information.  Some victims have lost tens of thousands of dollars, wiping out their life savings.  It can be difficult to prosecute the thieves, as many of them are located overseas, and it is even harder to recover stolen funds.

For seniors and caregivers worried about theft, there are fraud protection services available from a number of companies that charge a fee to monitor bank accounts, credit cards and credit ratings, and alert the customer to any suspicious activity.  However, these services can usually only identify dangerous activity after it has already taken place.  It is even more important to simply take care to protect personal information and be wary of any unknown person attempting to obtain it.

For more information about our elder law services, visit www.littmankrooks.com/blog/ or www.elderlawnewyork.com.

Are Your Children Ready to Handle Your Estate?

Many parents spend a lot of time, energy, and money preparing estate plans intended to provide security for their children and grandchildren. While it’s common for parents to conduct numerous discussions with advisors in order to create a plan that will transfer their estate as smoothly as possible, they often neglect to hold similar conversations with their children.

When planning to pass your estate on to your heirs, it is important to consider how they might handle the new responsibility of receiving an inheritance. Parents may believe that the inherited estate will be used responsibly to help their children and grandchildren pay for furthering their education; to make it possible for one parent to stay home with young children; to ensure a secure retirement, or to be put to other responsible, sensible uses. The assumption that children share the financial values of their parents, however, may not be valid.  Many teenagers or young adults might prefer a sports car to a 401(k).

To communicate their values, may people write an ethical will, which basically states in a narrative form what is important to them and how their values were developed growing up and during their lifetimes.  By sharing your values with your loved ones, it is hoped that they will continue on with the next generation(s).  Many clients have shared with us that the ethical wills of deceased relatives are one of the most cherished and meaningful gifts they have ever received from a loved one.  In fact, several clients have saved the writings of loved ones for decades and they serve as an inspiration during challenging life situations.  There is no right or wrong approach to ethical wills; the words simply have to come from the heart.  Along with personal values and beliefs, we have seen clients share spiritual beliefs, hopes for future generations, life’s lessons, forgiving others, or asking for forgiveness, among many other themes.  After all, the money you leave will ultimately be spent; the values you impart may last forever.

While death and money are often uncomfortable subjects for discussion between parents and children, it is important to bring these topics up while you are alive.  Avoiding these conversations can jeopardize even carefully crafted estate plans.  To help ensure that your children are prepared, you may want to include them, if they old enough, in the process of planning.  The more they know about what to expect, the more prepared they will be.  Not only that, the more they know while you are alive, the less likelihood there will be problems when you are gone.  You will also want to let you children know where you keep important documents such as safe deposit box keys, birth certificates, passports, deeds, insurance policies, investment and bank statements, tax returns, Social Security numbers, and medical insurance cards and information.

Let’s face it: it is not easy for us to discuss money or legal matters with our family.  Many times, there are other issues involved such as relationships and control, which make it even more complicated.  But I ask you to ask yourselves the following question: would things be better or worse if something happened to me and I neglected to tell my loved ones what was important to me?  Remember, life passes by quickly.  In many cases, our lives are turned upside down in a matter of moments.  Take the time to discuss these issues.  You’ll be glad you did.

• Can a resident of a nursing home with Medicaid benefits leave the facility for an overnight visit that is a non-hospitalization leave?

Medicaid Guidelines regulate bed reservation policies at nursing homes. A leave of absence is defined as an overnight absence (such as a visit with relatives and friends) or a leave to participate in medically acceptable therapeutic or rehabilitative plans of care. A leave of absence is considered to be non-inclusive of hospitalization time. Under Medicaid rules, Medicaid allows for up to ten (10) days in a 12-month period of time for a non-hospital leave. Medicaid is reimbursed for ninety-five (95%) of the Medicaid rate, otherwise payable to the facility for the services provided on behalf of the person (DAL/DQS #05-13).

• What if the nursing home facility provides the patient with a bed hold waiver form?

At many facilities, if a bed hold waiver form is not signed, a patient will be discharged and their room will not be held during a leave of absence. A bed hold waiver form, when signed, permits the nursing home to hold the patient’s room during any absence that the resident may have from the facility. However, oftentimes, signing this agreement gives the nursing home permission to bill the resident privately, along with the NYS tax assessment, for every day that the resident is absent. Residents should carefully read any agreements prior to signing.

• What if a Medicaid-eligible resident’s leave of absence exceeds the number of Medicaid reimbursable days?

For Medicaid residents that do sign the bed hold waiver agreement, residents should not be charged for any absences as Medicaid should be billed for the days absent as long as the patient falls within the 10 day rule within 12 months. If a Medicaid-eligible resident’s leave of absence exceeds the number of Medicaid reimbursable days, the facility may charge privately to the bed holder. The Department does not regulate the amount charged. Residents should inquire if their nursing home is not seeking reimbursement from Medicaid for these charges.

For more information on medicaid planning, elder law, estate planning, veterans’ benefits, special needs planning or special education advocacy, visit our website at www.littmankrooks.com. Have a question? Contact us at info@littmankrooks.com.

The 529 plan is named after the section of the Internal Revenue Code that describes it, and the ability to save on federal income tax is one of its prime advantages.  When you take advantage of a 529 plan, you are creating a college savings investment account, from which money can later be withdrawn for tuition, books or other expenses related to higher education, tax-free.

In New York, the 529 College Savings Program Direct Plan is administered by Upromise Investments and the Vanguard investment company.  Investors may open an account with as little as $25, and can invest for the benefit of a child, grandchild or even for themselves.  Vanguard manages the investment portfolio and charges a fee of 0.17 percent of account assets annually.

Earnings are federally deferred and can be withdrawn tax-free for the education expenses of the beneficiary.  In New York, investors can also deduct up to $5,000 in contributions to the 529 plan from their state income taxes.  Contributions can be made to the plan through an automatic payment plan or payroll deduction, as well as by check or wire transfer.

Of course, investments are not guaranteed, and depending on the performance of the stock portfolio, it is possible to lose money with a 529 plan.  Contributors have the ability to manage their own portfolio, but parents should consider the inherent risk in market investments before choosing a 529 plan.

For more information about estate planning, visit www.littmankrooks.com.

According to PetFinder.com, there are ways to re-home a pet. First, reach out to family and friends to see if they will take the pet when the time comes. Make sure the pet is up-to-date on all vaccinations. Have the pet spayed or neutered, if needed. This will make the pet far easier to re-home. [2]

If the pet has behavioral issues, have it evaluated and work with a professional trainer before attempting to introduce it to potential new owners. There are state and local laws regarding owner liability in re-homing a troubled or aggressive pet.

Meet the staff of the local animal shelter. Visit the kennels, and inquire about the re-homing or no-kill policy. While euthanasia should be a last resort, says author Sue Sternberg, there is also the possibility in a no-kill shelter that the animal will linger there without a home, long-term, in distress.

List the pet with a request to “re-home” on a classified internet board, with a full description of the pet’s behavior. Add a color photo, and be sure to carefully screen callers.

If giving up an environment that includes a pet is simply too daunting, look into a nursing or other care facility that allows pet companions. There are senior housing facilities and even some assisted living facilities that allow smaller companion animals, with some restrictions. There are also numerous care facilities that have service animals for the emotional well-being of their residents. The National Institute for Health has conducted a study in which they found that pet ownership among the elderly led to better self-care, including exercise, nutrition, and cardiovascular health. [3]

1. http://petsfortheelderly.org/articles.html
2. http://www.petproblemsolved.com.au/index.php?p=5_17
3. http://www.ncbi.nlm.nih.gov/pubmed/8948954

For more information, visit our website at www.littmankrooks.com.

First, due in part to lobbying by concerned citizens throughout the country, the Obama administration developed the nation’s first-ever National Alzheimer’s Plan.  The plan – which supports better treatment for those living with the disease –  is a result of the National Alzheimer’s Project Act passed by Congress last year.  The Alzheimer’s Association conducted more than 130 public input sessions to gather insight which informed the plan.  Nearly a quarter million people signed a petition in support of a strong national plan.

Celebrating another milestone, the association this year awarded its largest-ever research grant.  The grant, of nearly $4.2 million over 4 years, was awarded to the Dominantly Inherited Alzheimer’s Network at the Washington University School of Medicine in St. Louis, Missouri.  The grant will be used in part to study whether earlier intervention can slow or stop the progress of the disease.

Finally, people throughout the northern hemisphere participated in The Longest Day, an event to raise funds for Alzheimer’s research and raise awareness about the disease.  Held on June 20, the summer solstice, the event called on people to participate in a sunrise-to-sunset endurance relay, with donors pledging various amounts per hour of participation. More than 5 million Americans are living with Alzheimer’s, with approximately 15 million caregivers.

This article was previously seen on Bernie’s Brigade on Forbes.

For more information about the Alzheimer’s Association, visit www.alz.org. To register for a walk in your area, click here. For more information about our elder law services, visit www.elderlawnewyork.com.

A group of New York parents whose children attended the Judge Rotenberg Center, a New-York-state-approved private school in Canton Massachusetts, initiated the lawsuit. They claimed that New York’s prohibition of aversive interventions undermined their children’s right to a free and appropriate education. The parents, along with their experts, opined that such interventions  were  appropriate and necessary for their children, who committed self-injurious behaviors such as attempting to stab themselves, banging their heads on walls, yanking out their own teeth and assaulting teachers and staff. In a novel argument, the parents claimed that prohibiting aversive interventions prevented their children from receiving a truly individualized education program because they were categorically barred from certain interventions that helped control their severe behavior.  The parents also claimed that the New York prohibition violated Section 504 of the Rehabilitation Act of 1973 and the 14th Amendment to the U.S. Constitution.
The Second Circuit rejected the parents’ arguments and emphasized that the Individuals with Disabilities Education Act contained a preference for positive behavioral interventions.  The court found that the prohibition on aversive interventions did not prevent the students from obtaining an IEP specifically aimed at providing them an appropriate education.  The court held that the New York State Education Department properly decided to focus its special education programs on positive-only behavior interventions–which is the clear methodology favored by the IDEA.

We applaud the Second Circuit ruling and believe it sets an important national precedent to protect the dignity of all individuals with disabilities.   While we sympathize with the parents of children with severe disabilities whose special education needs require placement in psychiatric, residential facilities, aversive interventions for children–who often cannot speak for themselves– can have no place in a civilized society and can severely harm children.  If fact, in a recent post, U.S. Department of Education and New York State Issue Reminder on Keeping Students Free from Abuse, Restraints and Seclusion, of August 14, 2012, we noted that that New York State and the United States Department of Education recently issued a reminder on the importance of adhering to the prohibitions on harmful restraints and aversive interventions and the severely  damaging effects on students.

The transfer penalty exists to prevent someone from entering a nursing home and attempting to meet the Medicaid eligibility requirements by transferring assets to, for instance, a close relative, for less than the true value of those assets.  To prevent this, there is a “look-back” period of 60 months, when a Medicaid applicant’s transfers of assets will be examined to determine if they were for less than fair value.

The penalty is a period of ineligibility, and it is calculated by dividing the total of the amount transferred by the estimated monthly cost of nursing home care.  In the state of New York, that amount is determined on a county-by-county basis, and ranges from $7,688 to $11,445.  If one is found to have made a transfer for less than fair value during the look-back period, then that person will be ineligible for the number of months that the assets would have paid for nursing home care.

Another factor is when the period of ineligibility begins.  Under previous rules, the period began when the transfer occurred.  Under the Deficit Reduction Act (DRA) of 2005, the period begins when the person has moved into a nursing facility and has spent down to the level of Medicaid eligibility.

Certain transfers for less than fair value do not trigger the penalty, including transfers to a spouse or a child who is blind or has another disability.  Special rules apply for transfers of the applicant’s home and transfers to trusts for the support of a person with a disability.  No one should make a transfer of assets that may affect Medicaid eligibility without consulting with an attorney.

For more information about New York Medicaid rules, visit http://www.health.ny.gov/health_care/medicaid/. For more information about our elder law services, visit www.elderlawnewyork.com.

In the case of day camp, a child-care tax credit may be available, if the child is 13 or under. Sleep-away camps will generally not qualify for this credit, but some health-related camps may be eligible with a doctor’s recommendation. This can be particularly helpful for parents of children with special needs.

The dependent care tax credit may be applied to other costs as well. Nursery school and kindergarten costs are eligible, to the extent that they qualify as child care. Parents may also deduct the cost of household help and private home nurses in some cases. In addition, the cost of licensed dependent care centers may be deducted.

Certain limits apply. The amount of the credit you may claim is also dependent on your income. And, while the credit can reduce your tax bill, it cannot provide a refund.

For assistance with questions regarding special needs planning, visit our website at www.littmankrooks.com or www.specialneedsnewyork.com.

Although more than $1 billion was awarded during the five-year demonstration period, the states have fallen short of their goals.

The initial projection was to help 35,380 recipients of Medicaid transition back into the community in five years, but as of March 31, only 22,500 had done so.

Different states have had varying levels of success.  Texas and Ohio have moved thousands of people back into the community, while Missouri, Kentucky and North Carolina have helped fewer than 500 find new homes in each state.  California has had particular difficulty, moving only 827 people back into the community, although the state received a $41 million grant.

The state of New York was projected to receive $27 million and help 2,800 individuals transition back into the community.  According to the Henry J. Kaiser Family Foundation, the state has received $82 million in grants.

A particular challenge for states has been helping seniors make the transition.  According to a report from Mathematica Policy Research, a firm hired by the government to examine the initiative, only about one-third of participants in the program are seniors, though people over age 65 account for the vast majority of those eligible for the program.

Many of the people helped by the program are adults with special needs, under age 65.

Under the Affordable Care Act, the Money Follows the Person initiative has been extended for an additional five years.

For more information, visit our website at www.littmankrooks.com www.specialneedsnewyork.com

At the close of the NYS legislative session last week, the Assembly and Senate concurred on the Governor’s bill to create the Justice Center to protect people with special needs and disabilities. This bill was introduced by Governor Cuomo in May with great fanfare. While we all applauded Governor Cuomo’s intent, the original bill did not deal with a number of complications which have now been resolved. The legislature and Governor agreed to additional amendments to strengthen the bill and make it more practical.

For those who may not know what the legislation does, it creates a new Justice Center that will track and prevent, as well as investigate and prosecute, reports of abuse and neglect. Independent from the six human service agencies impacted, the Justice Center will be led by an executive director, special prosecutor, and inspector general, and have a staff of trained investigators, attorneys, and administrators to investigate reports of abuse and neglect and prosecute allegations of criminal offenses. It also:

• Creates of a statewide 24/7 hotline staffed by trained professionals to ensure that allegations of abuse are promptly reported to law enforcement and fully and effectively investigated.
• Establishes a comprehensive statewide database to track and monitor abuse complaints in order to spot trends.
• Develops a registry of workers who have committed serious or repeated acts of abuse who will be prohibited from ever being hired again in any position where they would work with people with special needs and disabilities.
• Consolidates background checks on individuals applying for a job or other position dealing with people with special needs and disabilities across certain state agencies.
• Develops common standards for investigations and requirements to be used to train investigators.
• Strengthens anti-abuse laws, including enhanced criminal penalties for endangering the welfare of people with special needs and disabilities, and a stronger ability for prosecutors to prove cases of sexual abuse.

This legislation is slated to take full effect in mid 2013.

This is indeed a great step forward for all those vulnerable people who are receiving services in New York. We applaud the governor and legislature for this initiative to protect and value the lives of people with disabilities who receive services in New York State.

Sincerely,

Richard P. Swierat

to read the past messages from Ric, click here.

Arc of Westchester seeks to empower children and adults with developmental disabilties to achieve their potential based on personal choices, abilities and interests. To visit Arc of Westchester’s website, visit www.westchesterarc.org.

For more information about special education advocacy, special needs planning, guardianships and transition visit www.littmankrooks.com or www.specialneedsnewyork.com..

Alzheimer’s disease, the most common form of dementia, is most commonly diagnosed in people over the age of 65.  More than 5 million Americans are living with the disease, and one in eight older Americans is diagnosed, according to the Alzheimer’s Association.

The Working Mother Research Institute reported that more than 10 million women are either living with Alzheimer’s or caring for someone who has been diagnosed.  The survey found that Alzheimer’s takes a heavy toll on women who work as unpaid caregivers to people suffering from the disease.  When a patient is diagnosed with Alzheimer’s, the primary caregiver is usually a spouse or family member.  The disease takes a toll on the caregiver’s physical and mental health, and on her career.

One of the most significant contributions that women make is simply time.  The Institute estimated that 6.7 million women devote more than 10 billion hours in unpaid labor per year caring for Alzheimer’s patients.  While this is in service to a loved one, it still has a profound effect on caregiver’s lives.

For more information, read the full report or visit the Alzheimer’s Association website

For more information about our elder law services, visit www.elderlawnewyork.com. To learn more about our legal services visit www.littmankrooks.com

How can families get started in planning a nursing home placement for a loved one?

• Families really need to do lots of research. Use the internet, visit the neighborhoods and facilities and look for reviews that are done by people that have had their family members in the nursing home. Search for a facility where your loved one’s immediate needs are met, ask questions, see if they have an available rehabilitation center, what foods they will serve, how they can cater to your loved ones, what insurance the nursing home will take.

• Always visit and ask questions.

What is the New York Patient Review and how and where can it be completed?

• It is a “quick” medical assessment of the patient’s needs – it states what the patient is being treated for, the diagnosis, any symptoms, medications, needs and requirements medically per the doctor’s orders,(as opposed to going through an entire medical chart it is a 7-page summary of all the medical needs of a patient (type of care, type of equipment needed, etc.) so that nursing homes can make a quick assessment).  It can be completed

What is the admissions agreement?

• This is an agreement that is generated by the facility stating all the requirements of what the facility offers for the resident as far as the needs, insurance (required), payments needed, it is a breakdown of what is included in regards to services, room and board, rehabilitation, insurance, notification on insurance being discontinued, the guidelines for where to go if your insurance is discontinued. Everyone should always read the agreement, it is important to know what is going to go on in a facility when you admit your family member.

How does one pay for nursing home care? Can it be subsidized?

• There are a lot of options to pay for care. There are short-term options and long-term options. Medicare covers a short-term stay, it also covers assistance in-state nursing facilities (up to 100 days); if you need an extension, or a longer stay, there are other insurances that may cover the extra duration of the stay, for example, a long-term care policy, or medicaid. Paying out-of-pocket is very, very costly.

How do you complete the Medicaid or Medicare application?

• Call the Social Security Administration and get your family member on Medicare. You should have the Medicare before you go into a nursing home. Medicaid can always be done once the family member enters the nursing home if the need for an extended stay is necessary. There is a financial person on site who can assist with applying for Medicaid. You should always have long-term care insurance set up before your nursing home placement.

What happens if I am a long distance caregiver or when the patient lives out of state?

• The process of searching is still the same. Ask questions! Technology today has expanded – - do they have an online site? You can view the facility and take a tour online. Ask to speak to the directors of each department (especially admissions).

What legal assistance is required (or preferred) when dealing with a nursing home?

• Emergency situations where people haven’t planned in advance are surprisingly common in nursing home placements.  You always want to have a power of attorney; go to a certified elder law attorney (CELA) when dealing with your loved one. A CELA member knows all the rules and regulations and will know what needs to be done or prepared in regards to entering a nursing home. Guardianships and financial planning are also important to discuss with a CELA member to ensure that your loved one’s stay is comfortable.

What rights do patients have while they reside in a nursing home?

• Patients have the same rights as they would as if they were not living in a nursing home: the right to privacy, to not be discriminated against, they have all the same rights as they would as if they were living at home. No one can make any decisions without asking a resident or confirming with a guardian or social worker (who are always on-site).  The family member has a right to find out what is going on (medically, financially) with their family member or loved one.  They are to be notified of any emergencies or needs that their loved one may have as they change.

What is the best advice you can give to family members on how to place your loved one in a nursing home?

1. Be prepared– Plan Ahead
2. Look for symptoms in family members who are becoming frail or ailing
3. Keep paperwork in one place (medical, financial and legal records)
4. Make sure that you have discussed the needs and wants of your loved one so you are prepared if an emergency takes place (in regards to finances, health and legal matters)
5. Speak to a certified elder law attorney (CELA) to ensure your family members’ needs are met – it always helps down the road.

To learn more about elder law, elder care or nursing home placements, visit www.elderlawnewyork.com.

Last year, a study from MetLife was released regarding the increase of exploitation of seniors.  Through analyzing news articles that referenced financial abuse of the elderly and extrapolating data from findings, results showed that a majority of the cases involved strangers and “scams,” whereas friends and family were also found guilty of exploiting their loved ones but usually through forged checks, stolen credit cards, drained bank accounts and transferred assets.

Additionally:

-          Women (between the ages of 80 and 89) who live alone and require some type of outward assistance are the most targeted victims of financial abuse in the United States.

-          Approximately 51% of all instances of financial abuse of the elderly are crimes committed by strangers, and 34% come from family, friends or acquaintances.

-          Men (between the ages of 30 and 59) accounted for 60% of crimes against the elderly.

What IS financial elder abuse?

(As stated on the National Committee for the Prevention of Elder Abuse (NCPEA)

-          Taking money or property

-          Forging an older person’s signature

-          Getting an older person to sign a deed, will, or power of attorney through deception, coercion or undue influence

-          Using the older person’s property or possessions without permission

-          Promising lifelong care in exchange for money or property and not following through on the promise

-          Confidence crimes (“cons”)  – use of deception to gain victims’ confidence

-          Scams – fraudulent/deceptive acts

-          Fraud –  use of deception, trickery, false pretence, or dishonest acts or statements for financial gain

-          Telemarketing scams – calling potential  victims and using deception, scare tactics, or exaggerated claims to get them to send money. Perpetrators also make charges against victims’ credit cards without authorization?

Indicators of Financial Elder Abuse:

(As stated on the National Committee for the Prevention of Elder Abuse (NCPEA)

-          Unpaid bills, eviction notices, or notices to discontinue utilities

-          Withdrawals from bank accounts or transfers between accounts that the older person cannot explain

-          Bank statements and canceled checks no longer come to the elder’s house

-          New “best friends”

-          Legal documents, such as powers of attorney, which the older person didn’t understand at the time her or she signed them

-          Unusual activity in the older person’s bank accounts including large, unexplained withdrawals, frequent transfers between accounts or ATM withdrawals

-          The care of the elder is not commensurate with the size of his/her estate

-          A caregiver expresses excessive interest in the amount of money being spent on the older person

-          Belongings or property are missing

-          Suspicious signatures on checks or other documents

-          Absence of documentation about financial arrangements

-          Implausible explanations given about the elder person’s finances by the elder or the caregiver

-          The elder is unaware of or does not understand financial arrangements that have been made for him or her.

Want More? Click here to listen to hear a special podcast on “Financial Scams Against the Elderly and other Financial Abuse”  from “Peace of Mind with Bernie the Attorney”  featuring guests from the PACE Women’s Justice Center, Joan Blackburn and Susan Ferlauto. To visit our iTunes library for more podcasts, click here.

For more information on elder abuse, visit the National Center on Aging (www.ncea.aoa.gov).For other questions regarding elder law or seniors, please visit www.elderlawnewyork.com.

[POWERPRESS].

People with aging parents may find it difficult to have a discussion about the prospect of transitioning them into a senior residence, particularly an assisted living community.  Many adult children should expect to face some resistance from their parents who may feel they are not ready to give up their independence and/or move from their home.  However, there are potential warning signs that one should consider while evaluating the particular circumstances.  The following are some examples when having a discussion on the topic might be necessary:

• The refrigerator is empty or filled with spoiled food, which may be a sign that food shopping and preparation are more difficult.
• The parent has frequent bruises, which may be a sign of falling or mobility and balance problems.
• The parent poses a safety risk by living alone (i.e., forgetting to turn off burners on the stove).
• The parent wears the same clothing over and over again or neglects personal hygiene, which can be a sign that doing laundry and bathing are becoming more challenging.
• The house isn’t as clean and tidy and is in disrepair, which may show that maintenance may becoming too much of a burden.
• The parent forgets things (including doctor’s appointments and when to take medication) or dresses inappropriately for the weather, which may be due to memory loss or dementia.
• The parent seems to be depressed or anxious, which may result from isolation and staying home alone, particularly if a spouse recently died.

Assisted living communities offer many great benefits to the residents and provides peace of mind to their loved ones.  Some of these benefits may include the following:

• Dining plans with many choices of food to ensure that each resident is eating a well-balanced healthy meal.
• Daily social and recreational activities to encourage an active social life.
• Laundry and linen services.
• Assistance with eating, bathing, dressing and medication management, ensuring greater health and personal hygiene.
• On-site trained staff for medical emergencies.
• Group transportation for shopping and community events, and personal transportation for doctor’s appointments.
• On-site medical offices, physical therapists and other medical professionals.

While having a discussion with a parent about moving from the home may not be easy, promoting the benefits of assisted living can make the conversation much easier.  Planning ahead and getting them comfortable with the prospect of moving into such a residence is strongly encouraged.

Costs May Be More Affordable

Many families believe the costs of living in an assisted living community are too expensive, thereby making it not a viable option from a financial standpoint.  However, some residents are eligible for discounts at certain communities based on their former careers.  For instance, retirees who served as firefighters may save hundreds of dollars per month from the rent at certain communities.  In addition, certain residents may be eligible for a government benefit as much as $2,000 per month, which makes the costs significantly more affordable.

An appropriate diagnosis can help an aging individual and their loved ones plan for the future. Being proactive in the early stages can allow a person a chance to make long-term decisions about their care, living arrangements, finances, and legal concerns. This allows a person more opportunity to benefit from advanced medical care and support services so that the aging process and effects of the disease are managed better. To learn more about New York elder law or New York estate planning, visit http://www.elderlawnewyork.com

Many LGBT couples want the right to visit their loved one in the hospital, and want their loved one to have the right to make critical healthcare decisions.  The solution is a living will with healthcare power of attorney.

A living will is a document stating an individual’s wishes in the event of a medical emergency resulting in incapacitation.  A living will explains what procedures one does and does not want in an end-of-life medical situation.  It can contain directions concerning artificial resuscitation, pain medicine and life support procedures.

A healthcare power of attorney document is a way for an individual to appoint another to make those medical decisions.  It has the effect of giving LGBT couples the decision-making rights that are already afforded to heterosexual married couples.

Even gay and lesbian couples who are married in their state need to consider a living will with healthcare power of attorney.  Though a couple may live in a state that recognizes gay marriage, these documents may be of crucial importance when traveling out of state.

What documents are important for LGBT couples:

• A living will states a person’s wishes in the event of a life-threatening medical emergency

• A healthcare power of attorney assigns healthcare decision-making power to a particular person

For assistance with questions regarding our legal services, visit our website at http://www.littmankrooks.com/

The Office of Special Education, which is part of the Department of Education, found that New York State “needs assistance” and failed to adjudicate hearings in a timely fashion. Only 84.25 percent were adjudicated per the requirements in a timely manner. The proposed amendments would address six procedural concerns to improve the impartial hearings:

1. Appointment and certification of impartial hearing officers (IHO)

IHOs would have their certification rescinded if they do not accept an appointment within a two-year time period unless good cause can be shown. IHOs would be prohibited to take an appointment if they were in a pending, due process complaint with the same school district, are an attorney or an attorney for the same school district, or provide special education advocacy.

2. Consolidate multiple due process requests for the same student

The amendment would create procedures to consolidate multiple hearing requests.

3. Prehearing conferences would be conducted on all due process requests starting July 1, 2012

This prehearing order would help to address procedural matters and define the factual issues that will be adjudicated at the hearing. This will help to expedite the hearing and render more efficient decisions.

4. Requests for withdrawals of due process hearings

This amendment would create procedures to withdraw a due process complaint and require notice to the IHO if done after the hearing begins.

5. Timeline extensions for an impartial hearing decision

IHOs could not extend decisions due to their own schedule conflicts, nor could they grant an extension after the date the record is closed. The amendment does allow one 30-day extension and requires the IHO to provide the facts for granting the extension.

6. Decision timelines

Decisions are to be made within 45 days. Efficient hearing decisions will help to uphold a child’s educational needs and well-being. This will also help cut down on costs to districts.

People who want to learn more about the amendments and how it could affect their child’s education should contact a New York special education advocate. The P-12 Education Committee is accepting public comments on these amendments through early spring. Littman Krooks’ special education attorneys help individuals obtain the education and special services they need and deserve. To learn more about our special education advocacy services  visit http://www.littmankrooks.com.

The event, entitled “Five Boroughs Concepts in Care Conference,” takes place throughout the day at the Crowne Plaza Hotel in Times Square.  The conference is care-focused, and will feature practical ways to meet daily challenges.  There will be separate presentations for people with Alzheimer’s or a related dementia, medical providers and family members.

The keynote luncheon speaker will be David Cassidy, the multiplatinum recording artist best known for his role on “The Partridge Family.”  Cassidy’s will share “A Son’s Story,” speaking about his mother’s struggle with Alzheimer’s disease since her diagnosis seven years ago.

Joy Bauer will also make a presentation at the conference.  The best-selling author and nutrition and health expert for the “Today” show will share her ideas on lifestyle choices that promote brain health.

Also on the agenda is Teepa Snow, a renowned expert in dementia care, and Max Rudansky, M.D., who is Huntington Hospital’s chief of neurology.

Alzheimer’s disease is the most common form of dementia, affecting up to 5.1 million Americans, including approximately 450,000 New Yorkers.  Alzheimer’s is a progressive brain disorder that results in loss of memory and impaired cognitive functioning.

The Alzheimer’s Foundation of America, based in New York, is a national nonprofit organization which brings together more than 1,600 member organizations to provide education and caring resources to people affected by Alzheimer’s disease.  To find out more about the conference, visit http://www.alzfdn.org.

An appropriate diagnosis can help an aging individual and their loved ones plan for the future. Being proactive in the early stages can allow a person a chance to make long-term decisions about their care, living arrangements, finances, and legal concerns. This allows a person more opportunity to benefit from advanced medical care and support services so that the aging process and effects of the disease are managed better. To learn more about New York elder law or New York estate planning, visit http://www.elderlawnewyork.com.

Without an estate plan when you pass away, your affairs will be settled by default through a complex legal system called “probate.” The handling of your financial affairs can turn into a costly and frustrating ordeal for your family and heirs.

The crafting of a good estate plan starts with planning, followed by the proper drafting and signing of appropriate legal documents such as wills, trusts, buy-sell agreements, durable powers of attorney for asset management, and an advanced health-care directive or health-care power of attorney. Having these documents in place saves you and your family a lot of money and time at a very difficult and emotional time.

Your estate planning should also address the coordination of the way you hold title to your various assets, your beneficiary selections, and the possible transfer of certain assets while you are alive.

Regardless of the extent of your net worth, estate planning is important for everyone. Complex strategies may be used by wealthy people to reduce death taxes and costs. Others may only require a simple will and/or trust to pass on property to their heirs and provide for minor children.

Even if a simple will is all you require, an estate plan is an essential part of your financial planning. Everybody will need it someday. The time to address or update your estate plan is now.

CHECKLIST — SIX STEPS TOWARD SUCCESSFUL ESTATE PLANNING

1. DEFINE YOUR GOALS: What do you want to happen to your assets in the event of your death or disability? If your beneficiaries predecease you, who are your alternate selections? How will your assets be distributed, and when will these distributions take place?

Decisions on distribution of your estate assets should take into account the size of the estate, the ages and abilities of your children, and your personal desires. For example, a distribution to children over time might consist of 10 percent of the estate at age 18, 25 percent at age 21, 50 percent at age 24 or upon completion of college, and the balance at age 30.

Choose your appointees for important roles: Who will be your executor and, if applicable, trustee and/or guardians? It is advisable to list at least a first and second alternate for each appointment in case your first choice is unwilling or unable to serve.

If you have children who are minors, the appointment of a guardian is probably the most important decision you’ll make. With the court’s approval, this person, or persons, will raise your children. Consider appointing a family member and spouse, or another close couple who’ll care for your children the way you would want.

You may want to consider listing multiple executors, trustees and guardians to serve together in handling the details of your estate. This can provide a check-and-balance system for the appointees and help them avoid oversights or misappropriations. Consider appointing family members, friends, professionals, advisers and/or trust companies for this position.

There is some risk here: If these people disagree and have problems, they can each be represented in court by counsel paid for by your estate, so be very careful in making your selections.

Living trusts have become popular because less administration is required in comparison with a will. Be aware that having a living trust does not eliminate the need for a will and administration at either the first or second spouse’s death.

To get the benefits of the trust, certain details must be attended to, and this is the job of your appointees. For example, leaving a trust for the surviving spouse requires that the trust be funded properly and in a timely manner at the first death, or major tax benefits can be lost.

Is estate privacy an issue for you? Do you want your estate to be public record upon your death? Do you have any special gifts you want made to charity? Do you want an elderly parent or friend to be financially cared for? All of these circumstances should be noted in your plan.

2. GATHER & ORGANIZE YOUR DATA: There are three basic tasks to be accomplished:

• Review and update your financial position.

• Review how you hold title to your assets. Is it consistent with your estate plan?

• Review your beneficiary selections. Are they aligned with your estate plans?

Did you know that how you hold title to assets has a higher legal priority than your will? For example, if you and your best friend held title to an investment club account as joint tenants and you died, the property would revert to your friend even though you had willed your interest to your spouse.

3. ANALYZE YOUR SITUATION: Start by determining your current net worth, assuming your death occurred today. This can be done by totaling your current assets and liabilities, and adding the value of any life insurance.

Try sketching a picture or flow chart of your existing estate plan. Review your appointees:

• Executor

• Guardian of the Person/of the Property

• Trustee

• Power of Attorney – Property Management

• Advanced Health-Care Directive or Health-Care Power of Attorney

ESTATE PLANNING ALERT : On December 17, 2010, President Obama signed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (The 2010 Tax Relief Act) into law. Estate and gift tax laws have been reinstated along with many new temporary estate and gift tax provisions that will end on December 31, 2012 unless Congress extends or makes them permanent.

Estate Tax Exclusion & Top Rates:  Establishes an estate exclusion amount at $5 million and the top estate tax rate at 35%; indexes the $5 million exemption for inflation for decedents dying after 2011.

Portability:  Beginning for taxpayers dying after Dec. 31, 2010 the estate tax exclusion becomes “portable” between spouses. This means that the surviving spouse’s exemption is increased by any exemption not used at the first spouse’s death.

Check with your financial advisors for updated information.

4. DEVELOP YOUR STRATEGIES: With the assistance of your estate planning advisor(s), identify the legal documents that need drafting or make any necessary adjustments to existing documents. Determine any other actions that must be taken for your wishes to be carried out.

5. IMPLEMENT YOUR PLAN: Do what needs to be done — i.e., create new wills, trusts and powers of attorney, adjust title to your properties, change alternate beneficiaries of retirement plans and life insurance policies to trusts.

6. TRACK & MONITOR YOUR PROGRESS: Check your estate plan annually or any time there are changes in your family situation or net worth. Use your financial planning calendar to schedule your next review.

These materials are provided as a public service by The NAEPC Education Foundation for “free-use” on websites, newspapers, newsletters, magazines, and other media broadcasts during the months of April and October as it relates to National Financial Literacy Month and National Estate Planning Awareness Week. For additional information or materials contact us at The NAEPC Education Foundation.

To assist with your estate planning, follow this link  at www.estateplanninganswers.org/protect-your-family-and-your-future/ to get a complimentary copy of the Your financial PARTNER “Estate Planning Location Sheet,” in Excel worksheet format. For more information on estate and financial planning visit www.estateplanninganswers.org/category/financial-planning/personal-financial-management-system/ or visit our website at www.littmankrooks.com.