Tanya Hobson-Williams Attorney at Law

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Tanya Hobson-Williams Attorney at Law

Fall 2018 E-Newsletter

IN THIS ISSUE

LEGAL NEWS
 Determining Medicaid Eligibility

 Importance of Advanced Directives

 Nursing Home Concerns: Identifying Elder Abuse

 “Queen of Soul” Leaves Behind a Legacy, But No Will

 Fair Hearings – Medicaid

 Understanding Rental Increases

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Determining Medicaid Eligibility
Medicaid is a joint federal and state public assistance program that provides health insurance to low-income Americans, regardless of age, and is based on financial need and hardship. This program is publicly funded through taxes that are collected from each working individual.



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.


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 include:

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


“Queen of Soul” Leaves Behind a Legacy, But No Will
Variety reported that the “Queen of Soul” — who died at the age of 76 of pancreatic cancer — had no Will designating who will benefit from her estate. In her home state of Michigan, if an unmarried person with children dies intestate, each surviving child receives an equal amount of the decedent’s assets. In this case, Ms. Franklin’s four sons filed documents in court listing themselves as interested parties and acknowledged the absence of a Will, while their cousin requested to be the personal representative of Ms. Franklin’s estate.



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)


Understanding Rental Increases
Landlord-tenant disputes can occur for numerous reasons with the most common issues arising due to the non-payment of rent.

According to the New York State Attorney General, the rental units are described as follows:

  • Regulated Housing (rent controlled and rent stabilized);
  • Unregulated Housing (private ownership);
  • Special Housing (mobile homes, residential hotels, lofts); and
  • Government-Financed Housing (section 8, public housing).


Elder Law Guardianships Medicaid / Medicare Fraud Reverse-Mortgage Foreclosures
Landlord-Tenant Business Law Collections Real Estate Transactions
Tanya Hobson-Williams Attorney at Law

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