New York City rental prices seem to continue to rise without any foreseeable decline. As a result, reasonably priced housing has become a coveted treasure city-wide.
However, through the Senior Citizen Rent Increase Exemption Program (SCRIE) renters who are 62 or older with yearly incomes below $50,000 may be eligible for exemption from all or some increases in rents, carrying charges, capital assessment or voluntary capital contributions.
Recent changes to the Senior Citizen Rent Increase Exemption (SCRIE) has expanded eligibility by increasing the maximum annual income to $50,000 from $29,000.
Lawmakers speculate that in the next ten years, New York City will see a 30% increase in the senior adult population. They further point out that New York City is home to the highest number of foreign-born senior citizens in the nation. As a result, more low-income seniors are seeking an affordable place to retire. Continue reading “Senior Citizen Rent Increase Exemption Program”
End of life care refers to the treatment of patients in the final hours or days of their lives, as well as the health care of all those with a terminal illness or a terminal condition that has become advanced, progressive and incurable.
A national panel recently appointed by the Institute of Medicine, the research branch of the National Academy of Sciences, released a report on September 17, 2014. The report stated that the United States’ system for handling end-of-life care is largely inept, thus necessitating a major makeover.
The report was authored by a 21-member nonpartisan committee comprised of doctors, nurses, insurers, religious leaders, lawyers and experts on aging. It called for major overhauls in the industry, and noted that many of its recommendations could be accomplished without the necessity of the often slow-moving legislative process.
The 507- page report called for a “major reorientation and restructuring of Medicare, Medicaid and other health care delivery programs,” as well as the elimination of financial incentives that are alleged to encourage expensive hospital procedures over low-tech services like home health care and pain management, particularly for sick and elderly patients. Continue reading “Expert Health Committee Recommends Major Changes to U.S. Health System”
Federal 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.
However, to qualify for SSI and Medicaid an applicant must own less than $2,000 in assets. The value of your home does not count if you live in it. Usually, the value of your car does not count and the value of certain other resources, such as personal items or a burial plot, may not count either. Continue reading “Special Needs Trust Can Provide Effective Financial Relief for the Disabled Elderly.”
It is estimated that over 45 percent of New York’s senior citizens have been in their homes for decades. Most of these seniors are housed in rent-regulated apartments and recently, it has come to light that many landlords have engaged in unfair and cruel practices in an attempt to get rid of long-term tenants and make more money. The claims of such mistreatment of senior citizens began to multiply in 2013 and as a result a bill has been introduced in the New York City Council that will increase penalties of such behavior and hopefully send a message to the landlords of New York City.
The bill, which was introduced early in 2014, sets to double the maximum civil penalty to $10,000 for property owners who abuse seniors. The legislation would also place such property owners on a black list maintained by the city Department of Housing Preservation and Development. Continue reading “New Bill Targets Landlord Mistreatment of Senior Citizens”
While the main focus of Medicare has historically been to provide affordable and accessible medications to seniors, its focus has recently changed. Early this January, The U.S. Centers for Medicare and Medicaid Services (CMS) announced a proposed rule that would bring significant changes to the federal agencies.
The most notable change offered by the proposal is the agency’s new authority to kick out physicians and other providers who engage in abusive prescribing. It could also take such action if providers’ licenses have been suspended or revoked by state regulators or if they were restricted from prescribing painkillers and other controlled substances.
Additionally, the agency will tighten a loophole that has allowed doctors to prescribe to patients in the drug program (known as Part D) even when they were not officially enrolled with Medicare. Under the new rules, doctors and other providers must formally enroll if they want to write prescriptions to the 36 million people in Part D. This requires them to verify their credentials and disclose professional discipline and criminal history. Continue reading “Medicare Wants the Power to Ban Certain Doctors”
Caring 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.
Many senior citizens who are too frail and vulnerable have become victims of elder abuse at the expense of strangers, trusted caregivers and even friends and family members. When one thinks of elder abuse, they think of physical abuse, but it goes beyond that.
Elder abuse takes many forms: sexual abuse (non-consensual sex), willful neglect (failing to provide food, shelter, healthcare or protection for a vulnerable patient), exploitation (stealing, misusing or concealing the seniors’ funds, property or assets for someone else’s gain), abandonment (leaving seniors by themselves without proper care), emotional abuse (verbal threats, humiliation and intimidation) and self-neglect (the failure of a person to perform essential, self-care tasks that may result in a threat of his/her own health or safety).
Signs of elder abuse include bruises, pressure marks and abrasions on the skin; broken bones; unexplained withdrawal from normal activities; depression; sudden changes in their financial situation; bedsores; poor hygiene; unusual weight loss; use of threatening behavior by a spouse; strained or tense situations and frequent arguments between the patient and caregiver.
Elder abuse came into the national spotlight in 2011 when legendary actor Mickey Rooney was granted court protection from his stepson and stepdaughter who he claims abused him, verbally, emotionally and financially. Mr. Rooney also accused his stepchildren of denying him food and medicine.
According to the American Psychological Association, an estimated 2.1 million senior citizens suffer some form of elder abuse. The National Elder Abuse Center report that 21% of elder abuse cases are self-abuse and financial abuse. If you suspect that an elderly loved one may be a victim of elder abuse, it is recommended that you call the authorities and contact us at Tanya Hobson-Williams, P.C..
If you’re finding it difficult to take care of your personal needs or your property, or maybe you do not really understand the decisions that you have been making, and/or your friends and family are concerned but are unable to provide the help you need, perhaps an appointed Guardian is an option for you or your loved one.
The New York Mental Hygiene Law Article 81 was established to provide a Guardian to handle the personal and property needs of an alleged incapacitated person. Incapacitated persons are those who are unable to provide for their own personal needs and/or to manage their property. In addition, an incapacitated person is someone who is unable to comprehend or appreciate the inability to handle such affairs.
You might be asking yourself, “Well, how does someone know they are an incapacitated person? What are the signs or symptoms so that you or a loved one can be appointed a Guardian?”
A Guardian is rarely appointed to an incapacitated person because he/or she self declares or voluntarily decides to classify themselves as an incapacitate person. Rather, it is a decision that is given by court order based upon the condition of the individual so that a Guardian can be appointed. The court’s decision is based upon evidence that is clear and convincing that the individual is likely to suffer from harm because he or she cannot comprehend the consequences of the actions they are taking or cannot provide for themselves adequately. The Guardian can be someone the incapacitated person recommends or nominates or simply someone the court appoints that can best serve their interests.
Now that you have an appointed Guardian or you’re aware that such an option is available, you’re probably wondering what a Guardian will actually do for me. The Duties and obligations of the Guardian are created in a particular way so that the needs of the incapacitated person are catered to in regards to personal care and/or the individual’s property management. There may be a variety of issues that a Guardian may be appointed to help with including financial affairs, physical illness, substance abuse or dependency, personal needs, management of property. The purpose is to help with the best interest of the incapacitated person in mind. The Guardian will help make decisions that may be too difficult to make alone, handle medical needs or personal care, and to make sure finances are in order.
The Law Firm of Hobson-Williams, P.C. can assist with all aspects of Guardianships from the application to the court, preparation for the court proceeding and after the Guardian is appointed.
Call our office at (718) 210-4744 now to schedule a consultation!