The Truth About Nursing Homes: Reasons to Consider

The Truth About Nursing Homes: Reasons to Consider

Don’t Assume Your Kids Will Take Care of You When You’re Old!The truth is, nursing homes are full of people who did not want to be there and whose families thought they never would.

As an elder law attorney, I often hear: “My mother will never end up in a nursing home,” or “I would never put my dad in a nursing home.”

It is all nice in theory. No one (myself included) wants to see their parents in a nursing home but, in most cases, the reasoning behind the decision is either financially driven or care-driven.

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When Does Guardianship Become a Necessity?

When Does Guardianship Become a Necessity?In New York State there are three different types of guardianships:

  • Guardianship under Mental Hygiene Law Article 81: Applicable to an adult who had capacity during their lifetime but has since experienced cognitive and/or functional limitations.
  • Surrogate’s Court Procedure Act Article 17 Guardianship: Guardianship of a minor, applies to anybody under the age of 18 without a legal guardian.  An Article 17 action assigns guardianship for a child only until they reach the age of majority at 18 years old.  
  • Surrogate’s Court Procedure Act Article 17A Guardianship: Applies to an adult without requisite mental capacity; adults with developmental disabilities, who are intellectually disabled, or who have a traumatic brain injury.
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Why Everyone Should Have a Will

Why do I need a will?It is estimated that 64% of Americans do not have a will. Some of the top reasons people give for not making a will include:

  • I do not have enough money to need a will
  • I just have not gotten around to it
  • I will not need it for a long time
  • I do not want to think about my own mortality

As recent celebrity deaths have shown, life can end unexpectedly in an instant. Without the proper planning, the inevitable can have many unwanted and unintended consequences for those you leave behind.

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Restorative Tax Exemptions for New York Property Owners

When you own a piece of real property in New York State, your circumstance dictates whether or not you are entitled to certain tax exemptions.

What does this mean? Your personal residence may qualify for a number of exemptions based on factors such as whether you are a senior citizen, have financial difficulty, or are a veteran. In addition, if you and your spouse earn under $500,000 per year, then you could file for the STAR exemption for your personal residence.

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The Special Needs Trust Act and Self-Created Trusts

United States Senate Unanimously Passes the Special Needs Trust Fairness Act

On Wednesday, September 9, The Special Needs Trust Act was passed! The passage of this legislation establishes liberties for persons with disabilities which had been previously denied to them.

Prior to passing the Act, only a parent, grandparent, legal guardian of the disabled individual, or a court could establish a special needs trust on behalf of the disabled individual.

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Estate Planning and Ironman: What’s the Connection?

Estate Planning -- Like an Ironman! by Deanna M. Eble

Estate Planning and an Ironman event…what does one have to do with the other you ask? EVERYTHING!

As a proud wife of a first-time Ironman and an elder law attorney, I can explain.

Step 1: Hire a Coach

  • Most first-time Ironmen striving to cross that finish line after 140.6 miles of swimming, biking and running need direction on how to build up their endurance for such a long race.
  • Most people doing estate planning for the first time need a plan to protect their assets. Elder law attorneys know what needs to be done to protect your assets from your future long-term care costs.
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