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Will the State Enforce Mandatory Arbitration Clauses in New York Nursing Homes?

The use of arbitration clauses by companies in all aspects of daily living has spread immensely across the country. The United States Supreme Court has recently held that the use of arbitration clauses is fully enforceable, and nearly impossible to overturn. With that being said, the Centers for Medicare and Medicaid Services (CMS) has limited the use of these clauses by implementing a new rule that restricts any nursing home receiving federal funding from requiring residents to resolve disputes in arbitration rather than in court. While the rule does not forbid arbitration completely, it does restrict the use of pre-dispute binding arbitration agreements. The rule will take effect over all nursing home admissions agreements signed after November 28, 2016.

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The Musical Icon Prince May Have Died Without a Will

According to documents obtained by People Magazine, Prince did not have a Last Will and Testament. Prince’s sister Tyka Nelson filed an Emergency Petition in a Minnesota Court seeking the appointment of a Special Administrator.

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Operation Cocoon

The U.S. Immigration and Customs Enforcement and the Customs and Border Protection Agency are working together to combat a new trend of drug traffickers who fool seniors into becoming international drug mules.  Traffickers either forge a relationship with seniors or promise inheritance or other monetary incentives.  In targeting the elderly, traffickers hope that the drugs pass through security undetected.  This scheme has worked to some degree because eighty-three U.S. citizens who fell victim to drug trafficking tricks have been arrested in foreign countries since 2013.

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Special Needs Trust Can Provide Effective Financial Relief for the Disabled Elderly.

Tanya Hobson-WilliamsFederal and State law provide a number of programs to help a person with disabilities.  Such programs include. Security Income and Medicaid. Supplemental Security Income, or SSI, is a federal program that provides monthly cash payments to people in need. SSI is for individuals who are 65 or older, as well as for blind or disabled people of any age, including children.

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Dividing Caregiving Responsibilities between Siblings

Tanya Hobson-WilliamsCaring for an elderly parent or family member is a serious responsibility to take on and can bring joy and purpose into one’s life but may also cause both emotional and financial strain on a caregiver and his/her family. Having another person such as a sibling to help rely on, can help make things easier, but it can also lead to conflict and resentment. It is important to understand the issues that may arise when two or more adult siblings are caring for an elderly parent, and the best ways to resolve problems.

The main question that is usually asked between siblings taking care of a sole elderly parent is: “Who will be the primary caregiver, and what factors go into the decision?” One of the main factors taken into consideration is the proximity of the siblings in regards to the elderly parent’s home. Yet there are plenty of other factors that siblings should consider while creating a plan for the caregiving. Such as:

  • Work Schedules
  • Individual’s Family Income
  • Individual’s Personal Skills such as day-to-day hands on care or the financial planning and organizing

The best way to avoid conflict and confusion is to communicate openly and often. Good communication is probably the most important factor in making these decisions. Ideally, responsibilities will be divided in whatever way feels fair to everyone involved, and arriving at the best outcome depends on communication.

Finally, as with most things, careful planning will save a lot of headaches and keep your loved one as best protected as possible. Just as the schedule of doctor’s appointments and daily medications needs to be kept track of, so should the finances be kept in careful order and hiring an experienced attorney can make all the difference. If you are splitting responsibilities for caring for a loved one, or believe that you will be taking on such a responsibility in the near future, contact a skilled elder law attorney to help ensure that the right steps are taken to protect your loved one.