Protecting Yourself with a Power of Attorney

While few people want to think about it, many will eventually reach a point where they are no longer able to care for their own needs. Whether due to physical or mental illness, an unforeseen injury, or simply because of growing older, many people eventually become unable to make the decisions or take the actions necessary to ensure their day-to-day affairs are handled. Before that happens, you should make sure you have a power of attorney in place, to make sure someone can handle your affairs when you no longer can. Continue reading “Protecting Yourself with a Power of Attorney”

Start Planning Today: Healthcare Coverage Can be Complex

Garden City elder law and estate planningMedicare

Medicare is a federal program enacted in 1965 that was established to provide health coverage to those 65 and older and those with a qualifying disability. Medicare consists of four sections:

  • Part A – hospital insurance, inpatient care, rehabilitation care in a skilled nursing facility, as well as physical, vocational, and speech therapy, hospice, lab tests, surgery, and home health care. Medicare Part A does not have a premium, so long as an individual or their spouse worked forty quarters or more. Part A provides twenty days of full coverage for those in a skilled nursing facility. After the first 20 days, however, there is a $167.50 per-day-co-pay.
  • Part B – covers 80% of outpatient insurance for physician office visits, medical devices, and some rehabilitative services. Medicare Part B has a $134.00 premium but varies with income.
  • Part C or Medicare Advantage – is an optional plan that replaces Medicare Part A and B for a private insurance company.
  • Part D – covers prescription drugs.

Continue reading “Start Planning Today: Healthcare Coverage Can be Complex”

Be Familiar with a MOLST Form

Garden City elder law attorneyIn 2006, the Medical Orders for Life-Sustaining Treatment or MOLST program began in Onondaga and Monroe Counties and was later implemented on a statewide basis. In 2010, the Department of Health updated the MOLST form to remain compliant with the Family Health Care Decisions Act (FHCDA). A MOLST form is an advanced directive that a person may choose to execute to ensure that his or her wishes for end of life are carried out properly. Requesting a MOLST form helps assist in facilitating a discussion between medical professionals and patient’s or his or her legal surrogate to develop an adequate treatment plan that reflects the patient’s desires in the end stages of life. Continue reading “Be Familiar with a MOLST Form”

Elder Abuse Is Common – Look For The Signs!

elder law and estate planning Garden City Elder abuse is a common problem throughout the United States and often goes unnoticed. It is essential for family members and loved ones to be aware of signs of elder abuse in order to protect their aging loved one. Elder abuse may be physically, emotionally, and medically draining on a victim. Continue reading “Elder Abuse Is Common – Look For The Signs!”

Guardianship Proceedings in New York State

Long Island guardianship lawyerNew York State offers two types of guardianship proceedings for adults:

  • Article 17-A guardianship under the Surrogate’s Court Procedure Act (SCPA)
  • Article 81 guardianship under the Mental Hygiene Law (MHL)

While both of these proceedings involve a court being petitioned to appoint a guardian to care for the needs and property of another, there are some differences. Continue reading “Guardianship Proceedings in New York State”

Elderly Population and Financial Abuse

New York estate planning lawyerRecent reports have found that elder financial abuse is on the rise and almost one million elderly people will be targeted this year. The elderly population in America is most vulnerable to financial abuse, scams, and investment fraud. Fifty-five percent of these cases involve family members or caregivers. Continue reading “Elderly Population and Financial Abuse”

Guardianship of Incapacitated or Disabled Persons in New York


Caring for an elderly individual with Alzheimer’s can be challenging. Due to the degenerative nature of the condition, a person with Alzheimer’s may reach a point when they are no longer capable of making informed decisions about the assistance or care they need. If an individual becomes incapacitated and did not establish a Power of Attorney, his or her loved ones may seek to establish a guardianship through a court proceeding or have it granted by a judge. Continue reading “Guardianship of Incapacitated or Disabled Persons in New York”

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