Category: Incapacity Planning

Not having a plan in place may create unforeseen problems for your family. Please read my recent article in Epoch Times about the importance of having proper documents.https://www.theepochtimes.com/a-good-plan-avoids-big-problems_3066028.html

  In New York, the two documents that allow an individual to detail their future medical wishes are a Health Care Proxy and a Living Will. You can also combine the two into one document: in the Health Care Proxy you can both nominate and provide specific instructions to your agent.

Is this something that you would want? I will be the first person to sign it - because I see the pain and suffering that people go through during the years of dementia.Yet will this document be honored? It is very aggressive and has not been tested yet!  While one has capacity - you have to talk to...

Elderly people are vulnerable to fraud and financial abuse. There are many reasons: isolation, weakening mental and physical condition, memory loss and lack of knowledge about today's markets and technology.According to New York State Elder Abuse Prevalence Study, only 1 out of 44 cases of financial abuse is reported, usually because the victim...

Plaintiff tried to bring a personal injury lawsuit against a College on behalf of his daughter, acting under authority of a Power of Attorney. The Power of Attorney was found and printed from the internet, and was not prepared by an attorney. The defendant argued that the plaintiff lacked authority to bring the...

Less Policies Bought: The recent trend is for consumers to buy fewer long term care insurance policies. For those that are still buying them, the policies cover fewer years, provide less coverage, and do not have inflation riders. Reason: Higher Premium and Uncertain Need. The reason for this decline is most likely the...

Multiple problems may arise when an adult lacks capacity.  Do you remember Terri Schiavo and the 7 year court battle that her family had to endure to determine the proper course of her medical treatment? Much to the extreme surprise of relatives and close friends, unless certain documents were signed ahead of time, they...