Showing posts with label Elder Law. Show all posts
Showing posts with label Elder Law. Show all posts

Wednesday, April 16, 2014

TODAY IS NATIONAL HEALTHCARE DECISIONS DAY

Today is the 7th Annual National Healthcare Decisions Day!

Talk about advance care planning. Free info and tools at: www.nhdd.org

Or see an attorney for estate planning, etc.

Wednesday, October 16, 2013

ON MEDICARE

From an email I recently received:

"
 ** Legal Alert **

Beware of Medicare
3-Day Hospital Stay  
 
Most people believe that if they are transferred from a hospital directly to a nursing home or rehabilitation center, they will be entitled to Medicare coverage for a certain period of time. This is generally true. However, a new status category employed by hospitals may thwart those benefits.

How It Works

When an individual has a 3-day hospital stay and then transfers to a skilled nursing facility or rehabilitation center, s/he will be entitled to a maximum of 100 days of Medicare coverage if all eligibility criteria are met and the individual is making progress and/or maintaining their skill level due to the therapy or rehabilitation services provided. The first 20 days will be paid for by Medicare in full and days 21-100 will be subject to a co-pay (currently $148/day), which can be covered by medi-gap or other private health insurance plans.

The Problem 

Unfortunately, many people are currently being denied this Medicare coverage due to action at the hospital level. Instead of admitting the patient, the hospital keeps the person in "observation." While a patient can be kept on "observation" for days at a time, it does not rise to the level of a hospital "admission." As such, when that patient is transferred to a nursing home or rehabilitation center, Medicare will not cover any of the costs of their care. With nursing homes and rehabilitation centers costing on average $400 per day, this is a huge financial burden to the patient and their family.

What You Can Do

When your loved one is in the hospital, ask a hospital staff member if s/he has been formally admitted to the hospital and has inpatient status. If necessary, engage the help of your loved one's primary care physician to ensure a formal hospital admission. It is often the case that the patient has no idea of their "status" in the hospital until s/he is transferred to a nursing home and by then, it is too late to secure a formal admission and in-patient status.

By knowing your rights, you can advocate for your loved one to make sure your loved one gets the benefits to which s/he is entitled.

*************************
Genser Dubow Genser & Cona is recognized as a leading elder law and estate planning firm on Long Island.  The firm provides creative advocacy and cutting edge planning strategies and has been featured in many publications including: The New York Times, The Wall Street Journal, Newsday, L.I. Business News, Kiplinger's, Reader's Digest and many others.   GDGC attorneys are frequent contributors to Newsday's Act II "Ask the Expert" column and have appeared as guests on WNBC-TV, CNN-fn, News 12, News 55, Channel 21 "Act II With Newsday" and many radio stations including WOR, WCBS AM and WFAN."

Friday, June 4, 2010

DEALING WITH PROBLEM ADULTS - LEGAL RIGHTS

To conclude, I will refer to earlier blogs regarding the use of power of attorney, living will, health care poxy, MOLST, will, trusts etc. Finally, I point out that ethical considerations do exist for attorneys who draft these documents for a "problem adult" at the request of a family member or other person: the news have been full of stories about predatory actions taken i.e. the Brooke Astor trial of her son and there are groups who are quite opposed to the concept of guardianship, etc. One of the more prominent groups is NASGA and their website is as follows:

http://www.stopguardianabuse.org/

Thursday, June 3, 2010

DEALING WITH PROBLEM ADULTS - LEGAL RIGHTS

Another tool one must be aware of is Kendra's Law, a New York State law concerning involuntary outpatient commitment. It grants judges the authority to issue orders that require people who meet certain criteria to take psychiatric drugs, regularly undergo psychiatric treatment, or both. Failure to comply could result in commitment for up to 72 hours. Recently, it has been the subject of debate as to whether it should continue. Here is an editorial from the New York Times:

"Make Kendra’s Law Permanent
By E. FULLER TORREY

ELEVEN years ago, when the New York Legislature passed Kendra’s Law, few could have foretold what a resounding success it would be. At the time lawmakers were searching for a useful response to the tragic death of 32-year-old Kendra Webdale, who was pushed in front of a subway train in Manhattan by a stranger who had untreated schizophrenia.

The law, initially intended for a trial period of five years, permits state judges to order closely monitored outpatient treatment for a small subset of seriously mentally ill people who have records of failing to take medication, and who have consequently been rehospitalized or jailed or have exhibited violent behavior.

In 2005, Kendra’s Law was extended for another five years. In all, more than 8,000 people have been treated under its provisions, and the results have been striking. A 2005 study of more than 2,700 people to whom the law was applied found that, after treatment, the rate of homelessness in the population fell by 74 percent, the number who needed to be rehospitalized dropped by 77 percent and the number arrested fell by 83 percent. And a study published this year found that people receiving treatment under Kendra’s Law were only one-fourth as likely to commit violent acts, had a reduced risk of suicide and were functioning better socially than members of a control group.

It’s hard to imagine a stronger argument for making the law permanent. And yet, as it comes up for renewal this month, the state Office of Mental Health is recommending only a five-year extension. Why the hesitation? Apparently, the Office of Mental Health is ambivalent about its star performer. In its latest five-year Statewide Comprehensive Plan for Mental Health Services, Kendra’s Law is not even mentioned, and the program it supports — assisted outpatient treatment — is referred to briefly only twice.

Perhaps state mental health officials are responding to critics who consider the law politically incorrect because it mandates psychiatric treatment by court order, supposedly violating the patients’ freedom to choose or forgo treatment. But these are people whose illness interferes with their ability to understand that they are sick and need medication. They do not have the choice to live freely and comfortably, but only to be homeless, in jail or in a psychiatric hospital.

The people who could be treated under Kendra’s Law account for only one in 10 seriously ill psychiatric patients. But when these people are untreated, they also make up one-third of the homeless population, and at least 16 percent of the jail and prison population. These people are ubiquitous in city parks, public libraries and train stations. And a small percentage become dangerous, even homicidal.

The law has been a model of success, not only in New York but also in 44 other states that now have similar laws (including, most recently, New Jersey and Maine). Unfortunately, these laws are too rarely used. California, for example, has passed an equivalent to Kendra’s Law known as Laura’s Law, but has not enforced it. If it had, it might have prevented 36-year-old John Patrick Bedell from wandering the country last March, taking orders from his psychotic brain, despite his family’s frantic attempts to get treatment for him. Mr. Bedell ultimately shot two security guards at the Pentagon, and was shot and killed by the officers he injured.

Kendra’s Law saves lives. By keeping patients on medication, it also saves money that might otherwise be spent on rehospitalization, prosecution and incarceration. New York should take lasting advantage of both benefits by making the law permanent.


E. Fuller Torrey, the founder of the Treatment Advocacy Center, is the author of “The Insanity Offense: How America’s Failure to Treat the Seriously Mentally Ill Endangers Its Citizens.""

Wednesday, June 2, 2010

DEALING WITH PROBLEM ADULTS - LEGAL RIGHTS

The most critical step one can take is seek an appointment of a guardian. This has been utilized and threatened in celebrity cases (i.e. Britney Spears, Lindsay Lohan)and has been the subject of much debate, both pros and cons. For a full discussion, here is a link the Guide for Adult Guardianship prepared for The New York State Office of Children and Family Services by The Brookdale Center for Healthy Aging & Longevity of Hunter College Sadin Institute on Law, Public Policy & Aging and The New York State Law Revision Commission:

http://www.ocfs.state.ny.us/ohrd/materials/151670.pdf

Tuesday, June 1, 2010

DEALING WITH PROBLEM ADULTS - LEGAL RIGHTS

Now what if the "problem adult" is your child, an adult child? The first thing to be aware of is obtaining an Order of Protection. This is from the NYS Unified Court System website:

" Domestic Violence (Orders of Protection)

Q. Can I get an order of protection against a person I'm not married to in Family Court?

A. Yes. You don't need to be married to the person to get an order of protection against them in Family Court.


Q. Who can I get an order of protection against in Family Court?
A. You can get an order of protection against any of the following individuals in Family Court:

A current or former spouse

Someone you have a child in common with

Another family member that you are related to by blood or marriage

Someone that you are or have been in an "intimate relationship" with. (An intimate relationship does not necessarily mean a sexual relationship, but is more than just a casual or social relationship--the court will decide whether the relationship is intimate based upon the facts about the relationship and how long it has lasted).


Q. Can I get an order of protection against a person I'm not married to in Criminal Court?
A. Yes. You can get an order of protection in Criminal Court against someone you are not married to and have no relationship with at all. In Criminal Court, you could file a complaint against the person you say abused you. Typically that person would be arrested, and the District Attorney would bring a criminal case against that person. You would be the "complaining witness."


Q. Must I choose whether to ask for an order of protection in Family Court or Criminal Court?
A. No. You can ask for an order of protection against your abuser in both courts at the same time.


Q. I'm being stalked. Can I get an order of protection?
A. Stalking is a form of Harassment. That is one of the crimes that allows you to get an order of protection. Other crimes include Assault, Attempted Assault, Menacing, Reckless Endangerment, and Disorderly Conduct.


Q. What is a petitioner and what is a respondent?
A. In Family Court, a petitioner is a person asking for an order of protection. (In Family Court, cases filed for an order of protection are called family offense cases.) A respondent is a person a petitioner wants an order of protection against. In a Criminal Court, that person is called a defendant.


Q. Can I have a lawyer?
A. In a Family Court, the petitioner and the respondent each have the right to hire a lawyer. If a petitioner or a respondent can't afford to hire a lawyer, they can ask the court to appoint a lawyer free of charge. In a Criminal Court, the district attorney's office or other prosecutor represents "the people." They help the person who wants an order of protection. The defendant can hire a lawyer or have the court appoint one free of charge if he or she can't afford it.


Q. How do I start a case?
A. Call the police if you feel you are in danger. You can go to your county's Family Court to file a family offense petition, go to the district attorney's office (or other local prosecutor's office), or go to the local Criminal Court. You can choose to do all of these things if you want.


Q. What is an Affidavit of Service in Family Court?
A. An "Affidavit of Service" is a paper that must be filed with the court showing that the respondent has been told about the case. Court staff will help you with important instructions about this document.


Q. What is a Court Attorney in Family Court?
A. A "Court Attorney" is a lawyer who works for a judge.


Q. What kinds of things can be put in my order of protection?
A. Among other things, the judge can order the respondent or defendant:

• not to assault, menace, or harass you or commit crimes of reckless endangerment or disorderly conduct towards you.

• to be removed by the police from where you are living.

• to stay away from you, your residence, your job, and other places you may want.

• not to telephone or e-mail you or write you letters.

The judge can also protect your children in the order of protection. For example, you may ask that any visitation with the children be supervised. In Family Court, the judge can order the respondent to pay temporary support and to give you legal custody of any children you may have with the respondent.


Q. What happens if I miss my court date?
A. If you are a petitioner in Family Court, your case will probably be thrown out and any temporary order of protection you had will be gone on that day. If you are a respondent in Family Court, the case can be done without you there (provided the petitioner gave you notice of the case) and an order of protection can be issued. As a respondent or defendant, a warrant may be issued for your arrest in either a Family Court or a Criminal Court if you don't show up.


Q. What happens if an order of protection is violated?
A. If a respondent or defendant violates (disrespects) an order of protection, the person with the order of protection can call the police, who can arrest the respondent or defendant. The person with the order of protection can file a "violation petition" in Family Court, talk with the district attorney's office (or other local prosecutor's office) or can go to the local Criminal Court. The person with the order of protection can choose to do all three of these things. Upon proof of the violation, the judge can make changes in the order of protection and put the respondent or defendant on probation. The judge can set a jail sentence.


Q. I moved to New York from the state that gave me an order of protection. Is the order of protection good in New York?
A. An order of protection from another state is still good in New York. You can get help on how to register your order of protection in New York from your local Family Court, Criminal Court, or police station."

Monday, May 31, 2010

DEALING WITH PROBLEM ADULTS - LEGAL RIGHTS

When one encounters Adult or Elder Abuse, here are some recommendations from the NYS Office of Children & Family Services:

"For the healthcare community

Laws - In New York State, Kathy's Law and the Family Protection and Domestic Violence Intervention Act of 1994 are used by those in the health care field in aiding in the prevention of adult abuse. Kathy's Law applies to nursing homes and home health care agencies, and increases penalties for caregivers guilty of injury to incompetent or physically disabled adults age 60 and older. The Family Protection and Domestic Violence Intervention Act of 1994 requires hospitals and clinics to provide the Victim's Rights Notice to all suspected or confirmed adult domestic violence victims

Helping the Victim - Victims should be made aware of the following:

•Assault is a crime
•Abuse will likely increase if help is not sought
•A safety plan is needed to get away from the abuser if needed
•The abuser is responsible for the violence, not the victim
•The abuser may be imprisoned if the violence increases or continues
•Victims have the right to an Order of Protection against their abusers in criminal or family court

Documentation - Healthcare workers must record abuse claims as follows

1.Reports by the victim, including their actual words about verbal, physical or sexual assaults, pain from injuries, financial abuse, and any use of weapons
2.Physical examinations including a rape kit, if warranted
3.Photographs taken with the victim's consent before wounds are treated, unless this would affect the outcome of client care
4.Material evidence from the victim's body may be needed in court and should be carefully preserved
5.Collateral contacts with family members, friends, or social workers familiar with the victim should be documented, with the victim's consent.
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For the financial community

Suspicious Banking Activities - The following should be watched for as signs of financial exploitation

•Unusual volume of banking activity
•Banking activity inconsistent with customer's usual habits
•Suspicious signatures on checks or other financial documents
•Sudden increases in debt the customer appears unaware of
•Funds withdrawn by care giver with no apparent benefit to client
•Bank statements and cancelled checks no longer sent to customer's home

Steps To Prevent & Intervene -

•Speak privately with customer about suspicious transactions
•Check authorization/documentation for someone else to act for customer
•If necessary, ask customer to speak with security
•Provide Confidential Crime/Financial Exploitation Alert Form
•Save any photographic evidence for law enforcement
•Notify security and/or law enforcement immediately if customer appears to be in danger
•If customer appears to be confused, increasingly frail, or neglected, notify Protective Services for Adults, Office for the Aging, or other abuse prevention programs

For the law enforcement community

The law enforcement community must work with social service departments, financial institutions, and health care professionals in the investigation and prevention of adult abuse. The New York State Domestic Violence Consortium has developed an acronym that also applies to the abuse, mistreatment and neglect of impaired and adults

R A D A R

Respond to a domestic incident as a potential crime
Ask direct questions
Document your findings and decisions
Assess for safety
Review legal options and make referrals"

Saturday, April 17, 2010

ELDER ABUSE - SEMINAR AT NCBA

From the Nassau County Bar Association:

"On Thursday May 6, 2010, Nassau County District Attorney Kathleen Rice will take aim at elder abuse at a forum hosted by The Long Island Alzheimer’s Foundation and NCBA. She will join with a panel of attorneys to address the emotional, physical, legal and financial ramifications of this growing epidemic, and offer solutions to real life situations. The panel includes Deirdre Lok, Esq., of the Harry & Jeanette Weinberg Center for Elder Abuse Prevention at the Hebrew Home at Riverdale, and Joan Sculli, an advocate for domestic violence services, as well as members of Long Island Alzheimer’s Foundation’s Legal Advisory Board. Attendees will be able to address the panel with questions regarding case studies or with related procedural questions. The forum will be held 12-2 p.m. at NCBA’s headquarters. Reservations are $25 and may be mailed to LIAF at 5 Channel Drive, Port Washington, NY 11050 or call Nicole at 516-767-6856."

Wednesday, September 30, 2009

A DAY IN LANDLORD & TENANT COURT/ELDER LAW

Yesterday, while representing tenants in Landlord/Tenant court, two things of interest came up:

1. Tom Suozzi's office has produced a booklet on obtaining financial and other assistance for the elderly and home bound. Contact the Nassau County Department of Social Services, 60 Charles Lindbergh Blvd., Uniondale, NY 11553-3656 for a copy.

2. Landlords seem to be getting tougher, not only in negotiating settlements for non-payment, but also as to who they will rent to. Be wary of housing discrimination - if you feel you have been a victim, contact The Nassau County Commission on Human Rights, 240 Old Country Road, Suite 606, Mineola, New York 11501 (516) 571-3662. Remember, housing discrimination based on your race, color, national origin, religion, sex, family status, or disability is illegal by federal law. If you have been trying to buy or rent a home or apartment and you believe your rights have been violated, you can file a fair housing complaint. The Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development has an on-line form or call toll-free 1 (800) 669-9777.

Monday, August 24, 2009

NASSAU COUNTY BAR ASSOCIATION SENIOR CITIZEN CONSULTATION CLINIC

Again, from the website of the Nassau County Bar Association: "Each month, attorneys provide free 30-minute private consultations to Nassau County residents 65 years of age and over. The consultation does not provide free legal service. The Clinics are held from 9:30 a.m. to 10:30 a.m. at the Nassau County Bar Association, 15th and West Streets, Mineola, NY. Advance telephone registration is required. Please call NCBA: (516) 747-4070. The next clinic will be held in September 2009."