NY elder law estate planning

Death with Dignity Act Gains More Approval

Published on: January 19, 2017 | by Ettinger Law Firm

Physician assisted suicide has been a controversial topic across the world, however as the reasoning behind it becomes better understood, many countries have chosen to legalize the practice for reasons outside of terminal illness. In the United States, in the past few decades, the public began to take notice with news headlines such as those regarding Dr. Jack Kevorkian, the Michigan physician who helped assist numerous patients chose when they would die from terminal illnesses and subsequently served eight years for his acts.

Today, physician assistance in dying is legal in Washington, Vermont, Montana, Oregon, with California recently signing in their aid in dying legislation in June 2016, Colorado approving a ballot measure in the most recent November 2016 election by two thirds majority, as well as the District of Columbia signing in their version of the same aid in dying law in December 2016. With a not so surprising passage of these laws comes the realization that Americans as a whole see the reasoning or at least themselves would want the option, in the circumstance they were to become terminally ill.

What is different with the United States’ various aid in dying laws in place is that they are all for those patients that are terminally ill, requiring certain validation steps through physicians and therapists.

Medicaid & New Healthcare Plans

Published on: December 29, 2016 | by Ettinger Law Firm

As the United States prepares to have a new president take office in 2017, millions of Americans are wondering what will happen to their health insurance coverage under Obamacare. Obamacare was enacted in order to provide coverage to those citizens who did not previously have coverage due to ineligibility or loss of coverage, with the goal of bringing down the cost of health insurance generally, and reducing costs regardless of preexisting conditions. While it was a widely contested issue between Republicans and Democrats, now that a Republican president will take office, plans are being made to repeal Obamacare.

Those in favor of Obamacare have raised question about what the 25 to 30 million people who now have insurance through the government program will do when coverage is stripped, especially since many of those are elders. However, proponents of a new system point to statistics that have shown that the majority of those who obtained benefits did so through Medicaid. Of the 14 million people who signed up for Obamacare between 2013 and 2015, 12 million of those did so through Medicaid. Thus, a large portion of the population will be able to qualify for coverage through other government programs technically.

In an effort to prepare, Republicans have come up with a block grant system as an alternative to be implemented, giving states more control over the way government funding is spent in their area. The block grant alternative also lawmakers on the state level to decide how money allocated to their area through Medicaid is spent, by allowing health needs particular to that state’s citizens control where more or less money can be spent. One thing is definite for government health care coverage, it will be cut one way or another with the new presidency.

Two Wills, Two Different Countries

Published on: June 25, 2016 | by Ettinger Law Firm

International Will Issues

As our world continues to grow and technology allows us to move places once never thought imagined, many individuals have the opportunity to live abroad throughout the course of their lives. After spending time in a specific area, whether it is for the majority of your life or for a shorter time, you may acquire property in that new place. However, when it comes to estate planning, issues may arise for a citizen who has acquired property in another country and has executed multiple wills for their multiple properties.

If you have property in another country, having a will in that jurisdiction disposing of that property generally will make it easier than if the property’s disposition is listed in a will in a different country, since it will increase the efficiency of estate administration for the property in that jurisdiction. However, if the testator has multiple wills in multiple countries, covering multiple pieces of land, he must write the most recent will in a way as to not revoke the previous foreign wills and subject the land to differing dispositions.

Protecting Your Loved One in a Nursing Home

Published on: September 24, 2015 | by Ettinger Law Firm

Recently, a New York woman pleaded guilty to charges in connection with neglect and sexual abuse of nursing home residents in a New York long term care facility. The woman’s case was related to charges against others working at the facility, including the company that operates the home. According to the National Council on Aging, 1 in 10 persons over the age of 60 have been affected by elder abuse, many of which go unreported. The number of elder abuse cases increases dramatically in nursing homes, with abuse occurring in 1 in 3 nursing homes. Sometimes a nursing facility is the best care setting for a loved one; however, with the staggering statistics of nursing home abuse cases, you have to take steps to ensure your loved one is getting the best care possible with the dignity and respect they deserve.

Showing Up is Half the Battle

One of the single most effective ways to ensure the proper care for your loved one is to visit the facility often and monitor your loved one’s condition. By frequently making visits to your loved one’s facility you can engage the staff, observe behavior, ask important questions, and make your presence known to those who will be providing care. By planning your visits at varying intervals and times, you can ensure your visits are unexpected so that you have the opportunity to see the delivery of care throughout the day and different staff members.