Elder Law

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

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.

Issue of undue influence comes up often in the context of contested probate proceedings. A relative dies, and when the heirs start going through the estate of the dearly beloved, it turns out that there is not much left. Apparently 3 months before her death the aunt transferred her $2MM Manhattan apartment to a next door neighbor. And she named that same neighbor as a beneficiary on her $1MM IRA account and on her $500K life insurance policy. The question then arises – were these transfers made out of free will or were these the result of undue influence?

Undue influence requires a finding that a person was restrained from acting independently, or was constrained to do that which was against her free will and desire.
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Driving is one of the most sensitive topics for caregivers of elderly. Driving is all about independence and it is one of the most emotional things for a senior to give up. Furthermore, it is hard to get around most of US without a car. So giving up your driving will almost always mean a need for relocation to a different type of living environment, which means leaving your home.

There are different signs and warnings that alert you that an elderly driver is having difficulty.
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It is important to revisit your documents at least once every 5 years. As the tax law changes constantly, the documents created in the past may no longer be the most efficient ones. As your family situation changes, your Will may become completely outdated.

Changes in Law

In the past, estate tax threshold used to be $1MM. Anything above that amount would be taxed at 40%.
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Most people want to leave a legacy. Yet most people also have no idea how to go about doing it.  One simple way is through a life insurance policy.

Talking about end of life issues with a loved one who is already sick is difficult. Your loved one may not be thinking clearly, may be in pain, and everyone is likely to be very emotional. That’s why it’s important to have this conversation early, while everyone is thinking clearly. A plan is likely to be empowering for all involved.

A parent may be resistant to receiving care and having crucial conversations with you because she is afraid of losing her way of life, losing privacy, getting old, not having sufficient financial assets, being a burden, having her money taken away from her, being thrown into a nursing home and dying.

According to recent research by the AARP, about 90 percent of seniors would like to stay in their own home as they age, even if they require day-to-day assistance with activities of daily living. With a rapidly increasing senior population, demand for quality in-home care is beginning to skyrocket.

In the past, in-home care was usually delivered by home care agencies, who would provide a home care aide, and take care of the back-end reporting and financial requirements. However, the cost structure is beginning to shift.

First, cases involving cognitive decline, such as Alzheimer’s disease, usually require round the clock care.
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One in three people who turn 65 end up in a nursing home. No one ever wants to go there, yet most of the time the family has no choice about this issue (it becomes dangerous to keep the person at home, the daily care required is too much for a home care aide, etc). 

In New York and in New Jersey nursing home now costs $15-$20K a month! The vast majority of people cannot pay this bill on their own, especially after years of retirement spending. Even if the person wants to stay at home, an average home care bill is $10-$12K a month, which, for most people is also unaffordable based on Social Security pensions and retirement savings.

Currently, Medicaid pays for home care and nursing home care.
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Even though some seniors may be entitled to home care through their Medicare benefits, it may be impossible for them to receive this needed care.

And that is why most people plan for Medicaid - not because they are trying to cheat the system, but because they have no other real choice. 

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