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As Population Ages, Demand for Elder Law Attorneys Grows

The U.S. Census Bureau is predicting that, by 2035, there will be more people over the age of 65 than children under the age of 18 in the United States. This would be the first time in United States history that the elderly has outnumbered children resulting from multiple ongoing trends, such as longer life spans among the elderly and declining birth rates among millennials. This means that the need for elder law attorneys, and other people who specifically deal with issues related to the elderly, will become more important than ever.

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What is a Reverse Mortgage?

As Americans grow older and with a majority of the older population now entering retirement, the need for income sufficient to cover expenses becomes greater. While there are programs such as Medicare, Medicaid, Social Security, and Supplemental Security Income, that help seniors with income and healthcare, those programs may not be enough for some individuals to pay for their monthly expenses or healthcare costs. There is another option that is available to many Americans over the age of 62, such as a reverse mortgage.
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Protecting Against Caregiver Theft

Over the past decade, the home health care industry has expanded dramatically with more than 200,000 New Yorkers reporting paid caregivers as their primary occupation. According to a study conducted by the Bureau of Labor Statistics, home health careers are expected to see the most rapid growth than other technical fields by 2026 and that by 2040, New York City will have an estimated 1.4 million seniors; approximately 70-percent of which will be in-need of long-term care services.
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Guildnet Closes Its Doors

On August 21, 2018, Guildnet CEO, Alan R. Morse, notified employees that the company will be closing its doors as of December 1, 2018, leaving New Yorkers in need of managed long-term care (MLTC) services at a disadvantage. The Guildnet program was designed to offer therapeutic/medical care, home healthcare services, case management, and medical equipment to those who qualify and will be in need of the provided services for a minimum of 120 days. Guildnet announced that by January 1st of 2019, all medical services to their 8,211 managed long-term care members will be terminated. United Healthcare, who until recently offered a partial MLTC plan, will also be pulling out of several counties in up-state New York by February of 2019, affecting nearly 1,500 enrollees who are said to be notified of these changes by November.
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Nursing Home Concerns: Identifying Elder Abuse

Many wonder about the overall safety and well-being of their loved ones after admittance to a long-term care facility. This puts added pressure on the family should the facility be found insufficient. To better understand the risk factors involved with assisted living and nursing facilities, the care experts at HelpGuide.org have categorized elder abuse in the following ways:

  • Sexual Abuse;
  • Physical Abuse;
  • Financial Exploitation;
  • Elder Neglect; and
  • Emotional Abuse.

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Importance of Advanced Directives

As the seasons begin to turn, it is important to stress the need to have your advanced directives in place. Advanced directives include:

  • A health care proxy;
  • Health Insurance Portability and Accountability Act (HIPAA) release form;
  • A living will; and
  • Power of attorney.

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Fair Hearings – Medicaid

Applying for Medicaid or any other government benefits can be challenging. If an application for Medicaid or other government benefits is denied, it is important to understand that you have the right to appeal the denial to the State in an administrative proceeding called a Fair Hearing. (NOTE_- You must also request an internal appeal of an adverse decision with your healthcare provider in addition to requesting a NYS Fair Hearing)
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Ensuring Maximum Hours with MLTC Evaluations

Individuals receiving home care services through a Managed Long Term Care (MLTC) company may find that the agency did not award their family member or loved one with a sufficient amount of hours of home care services after they’ve conducted an evaluation.

The evaluation process by an MLTC can be complex. A person approved for Medicaid Home Care services will eventually have to enroll with an MLTC. The MLTC provider will send an evaluator to assess the recipient’s condition in order to create a care plan that will suit the individual’s daily needs. The evaluator will determine the number of hours per day that the recipient is entitled to receive to assist with their personal care needs. Continue reading “Ensuring Maximum Hours with MLTC Evaluations”

Expect to Pay More for Home Health and Assisted Living Costs

According to the most recent data from the U.S. Census Bureau, there were 2,797,589 people in New York who were aged 65 and over in 2016 which is 14.6% of the state’s population. Compare that number to 2015, when 2,724,135 seniors lived in New York State (14.3% of the population), and 2014 (2,655,913 people ages 65 and over, 14.0% of the population). Continue reading “Expect to Pay More for Home Health and Assisted Living Costs”

Revocable Living Trust

A revocable living trust allows assets within the trust as well as income generated by those assets to be managed and distributed by the trustee. The trust income and property are then distributed in accordance with the terms and conditions of the trust. This type of trust is referred to as a living trust because it is established during the life of the creator.

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