Medicaid Estate Recovery For seniors in need of long-term care, Medicaid can provide the funds necessary for nursing home or in-home healthcare expenses. Many families may fail to realize that by accepting Medicaid payments, their loved ones have opened up their assets to the Medicaid estate recovery process. Under the Medicaid rules, states may collect reimbursement for the costs of long-term care from the senior’s estate after they die. » Read More
Are Nursing Homes Guardians of the Elderly? A law was passed in 1993 to allow nursing homes to seek guardianship of elderly residents as a means to collect on debt accrued in providing care to the individual in question. The law was intended to address the lack of guardianship when it arose in cases where a resident became incapacitated and without a responsible family member or appointed representative to make financial decisions on their behalf. » Read More
Collecting a Spouse’s Social Security Benefits The death of a spouse can bring financial uncertainty in addition to emotional suffering. This is particularly true in households where the spouse was the primary earner or contributed significantly to the total income of the household. Among the many questions they must ask moving forward, the surviving spouse may wonder if they can collect their deceased spouse’s Social Security benefits now that they are gone. » Read More
Legal Documents Every Older Person Should Possess Understanding what an elderly person wants with respect to end of life and other medical and financial decisions is important for caretakers. By having key legal documents in place in advance, an individual’s wishes can be respected and their assets protected even when they are no longer able to advocate for themselves. These documents can range from estate planning tools to medical decision making directives. » Read More
What is Article 81 for Guardianship in New York? Article 81 is a law that authorizes the court to appoint a guardian in the event that an individual is incapacitated. Under Article 81 of the New York Mental Hygiene Law, only certain persons may initiate guardianship proceedings and the court may only appoint a guardian under certain circumstances. The Long Island guardianship attorneys at Korsinsky & » Read More
How to Successfully Manage a Trust When someone establishes a trust, a separate person or entity is appointed to manage the trust on behalf of the beneficiary. A person may act as their own trustee if they have a living trust, but in many cases, the trustee is making financial decisions on behalf of someone who cannot make them themselves because of age, » Read More
