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Friday, October 5, 2018

Is this the future of dementia care?

https://www.newyorker.com/magazine/2018/10/08/the-comforting-fictions-of-dementia-care?mbid=nl_Magazine%20Daily%20List%20100118&CNDID=49652859&utm_source=Silverpop&utm_medium=email&utm_campaign=Magazine%20Daily%20List%20100118&utm_content=&spMailingID=14350801&spUserID=MTkyMzEzMDI1NzcyS0&spJobID=1500074025&spReportId=MTUwMDA3NDAyNQS2
Read more . . .


Wednesday, October 3, 2018

Psychiatric Advance Directives (PAD) – are they different from a regular health care proxy?


Every individual of adult years and sound mind has a right to choose what shall be done with his own body and to control the course of his medical treatment. Patient autonomy and self-determination are a firmly ensconced principle in New York State Law.

But what happens with patients who have lost decision making capacity? A Health Care Proxy is a powerful tool. Patients may choose a health care agent who will make all health care decisions for them in the future. These decisions include both life-sustaining treatment and on-going medications.
Read more . . .


Friday, September 28, 2018

Snowbirds? Consider differences in State Law


If you spend some time in New York and some time in Florida, you may wish to consult your accountant about determining your domicile (as, depending on the answer, you will owe very different taxes). You may also think about consulting with two different local attorneys regarding your estate planning, as both New York and Florida have real differences in Will execution formalities, asset and homestead protection, Health Care and Power of Attorney languages, Medicaid eligibility rules and estate taxes. Consider this non-exclusive list of differences:

  • Asset Protection: In Florida, creditors cannot force the sale of your homestead to satisfy a judgment. In New York, on the other hand, the homestead protection is limited to the first $165,000 (and may be even less, depending on the county in which you live), which, considering the price of a home in New York State, does not amount to a meaningful amount.
  • Will Formalities: Unlike New York, Florida law requires the Testator to sign the affidavit along with the witnesses.
    Read more . . .


Monday, August 6, 2018

Notable 2018 Supreme Court Decisions: Collection of State Sales Tax on Internet Retailers


When you buy goods on the internet and the seller is located in another state, should you pay tax? As a consumer, you’d like to say no. But the Supreme Court tackled this question in South Dakota v. Wayfair, Inc.

The Court had to decide if the dormant Commerce Clause prohibits states from requiring sellers with no physical presence in the state to collect and remit sales tax for goods sold within the state. In the past, in the 1992 Quill Corp.
Read more . . .


Friday, August 3, 2018

Notable 2018 Supreme Court Decisions: Compelled Speech


Can the government force private organization to express messages they disagree with?

The issue of compelled speech and viewpoint discrimination was reviewed by the Supreme Court in National Institute of Family and Life Advocates (NIFLA) v. Becerra. The Court ruled that the government cannot force private organizations to express messages that they disagree with.

National Institute of Family and Life Advocates (NIFLA) is a religious, pro-life organization that provides pregnancy related services in the State of California. Per California Reproductive Freedom statue, certain clinics that provide family planning services to pregnant women must notify them of free or low-cost abortion services.


Read more . . .


Tuesday, July 31, 2018

Notable 2018 Supreme Court Decisions: Freedom of Religion vs. Anti-Gay Discrimination


Masterpiece Cakeshop Ltd. V. Colorado Civil Rights Commission was one of the most awaited decisions of the year. The Supreme Court had to balance the interests of freedom of religious expression vs. anti-gay discrimination.


Read more . . .


Friday, July 27, 2018

Notable 2018 Supreme Court Decisions: Expectations of Privacy in a Digital Age


In Carpenter v. United States, the Court had to grapple with modern technology and expectations of privacy in a world of shared data. Some called this decision “the most consequential privacy decision of the digital age”.

Mr. Carpenter was suspected of participating in a series of robberies.


Read more . . .


Tuesday, July 24, 2018

Notable 2018 Supreme Court Decisions: Travel Ban


 Trump v. Hawaii was one of the most divisive decisions of the Supreme Court during the 2017 term. President Trump’s Proclamation No. 9645 called for temporary travel restrictions to the United States for aliens from eight countries (Chad, Iran, Lybia, North Korea, Syria, Venezuela and Yemen). The media called it the “Muslim ban”.
Read more . . .


Friday, July 20, 2018

Notable 2018 Supreme Court Decisions: Partisan Gerrymandering


One of the most interesting cases decided this year by the US Supreme Court was Gill v. Whitford. The case concerned redistricting and gerrymandering. It was a unanimous decision by the court (9 to 0).  In the opinion of most analysts, the Supreme Court wasted a historic opportunity to correct a wrong that cannot otherwise be solved by a political process.


Read more . . .


Sunday, April 29, 2018

Seniors are one of the fastest growing demographics that is interested in medical marijuana


Medical marijuana may help with a variety of age-related illnesses, including  arthritis, insomnia, and pain.

Yet in New York, for now, only people with very specific illnesses are permitted to buy medical marijuana.

 Read more . . .


Tuesday, April 10, 2018

'Aggressive' Advance Directive Permits Halting Food And Water In Severe Dementia


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 family, to ensure that they honor your wishes.

https://www.
Read more . . .


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