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Rochester, NY
Elder law guide
Interests: travel, cooking, reading
Recent Activity
Jeff Marshall, Esq., a fellow NAELA colleague, compiled this list of amazing songs about aging for his blog. He asked for contributions from NAELA members and was gracious enough to share the end product through his blog. My personal favorite is Skin by Chris Trapper but if you listen I guarantee you will find some old (and maybe new) favorites.... Continue reading
Posted Dec 29, 2011 at Senior Counsel
Under the new Obama health care law changes routine screenings are supposed to be free, but patients must educate themselves as to what is free (a "screening") and what is subject to a charge (a "diagnostic procedure"). The problem is that a routine screening can become a diagnostic procedure midstream, while the patient is sedated. Pretty hard to discuss with... Continue reading
Posted Dec 28, 2011 at Senior Counsel
Veterans' benefits expert Dale Krause, JD, LLM, of Krause Financial Services posted in his blog about the first VA benefits increase for cost of living since 2008. See it here. Continue reading
Posted Oct 26, 2011 at Senior Counsel
Social Security Increases, But Medicare Costs Rise, Too. And don't forget that the open enrollment period ends December 7, 2011 this year. If you need help choosing a Medicare plan, please contact us for referrals to trusted advisors who can help! Continue reading
Posted Oct 21, 2011 at Senior Counsel
I am so proud to be a special needs law attorney and member of the National Academy of Elder Law Attorneys (NAELA), which has sponsored a nationwide observance of Special Needs Law Month during the month of October. Headquartered in Washington, D.C., NAELA was formed in 1987 in response to the growing needs of older adults and people with disabilities... Continue reading
Posted Oct 6, 2011 at Senior Counsel
High court hears key Medicaid case. Continue reading
Posted Oct 4, 2011 at Senior Counsel
When someone dies having received Medicaid New York asks that their estate assets be used to repay the program for costs spent. Until earlier this year the only estate recovery was against probate assets, those assets in individual name that required the full probate process through a local Surrogate's Court. With the budget law signed this past April, estate recovery... Continue reading
Posted Oct 3, 2011 at Senior Counsel
The Center for Medicare Advocacy, Inc. has issued a detailed alert for consumers and advisors alike concerning the change in enrollment dates for Medicare this year from the traditional November to year-end to October 15 through December 7. Click here for the alert in full. Continue reading
Posted Sep 23, 2011 at Senior Counsel
Many of my clients, in fact, most, assume that adding an adult child as a joint account owner will cover a host of problems from access to funds to probate avoidance, and that action can have benefits. BUT, there are pitfalls associated with multi-generational joint accounts that need to be considered before taking action. See this excellent article from Forbes... Continue reading
Posted Sep 14, 2011 at Senior Counsel
A will is a legal instrument that tells the world who you want to get your assets. Move on to the after-life without a will in place, and a judge will decide who gets what, without regard to your wishes and without regard to the needs of your loved ones. Let’s avoid that outcome. Laws that dictate who gets what... Continue reading
Posted Aug 5, 2011 at Senior Counsel
I hear this so often, "It's just a simple form. We can just download it and do it ourselves." Not so fast! Legal forms are not simple fill in the blank papers that you can blithely fill out while watching your favorite sitcom. And a power of attorney, the legal equivalent of a blank check and the keys to your... Continue reading
Posted Jul 25, 2011 at Senior Counsel
Today is the 6th Annual World Elder Abuse Awareness Day. Please educate yourself! Locally our law enforcement agencies are strained and criminal charges are not always pursued. Victims are often reluctant to talk about abuse. We have excellent local resources for education, however, and civil remedies (i.e. lawsuits) are sometimes successful against financial offenders. Click here for Under the Radar,... Continue reading
Posted Jun 15, 2011 at Senior Counsel
The times they are a-changin' in Florida for residents of assisted living and nursing home facilities, and not for the better. While we see many New York residents leave to escape our high state income taxes, property taxes and snowy winters, be mindful that permanently moving to a sunbelt state may not be good for your health. Read here (Foxes... Continue reading
Posted Jun 8, 2011 at Senior Counsel
If you are concerned with financing long term care costs - for you or a loved one - don't miss this free presentation Tuesday, May 24th at 4:30 pm at Aaron Manor. I will be presenting on strategies to cover care costs with Susan Suben, the President of Long Term Care Associates, Inc. Here is all the information you need.... Continue reading
Posted May 12, 2011 at Senior Counsel
Playing a round of golf whenever you want… Traveling to those exotic destinations you’ve always dreamed of… Spending precious time with grandchildren… Those are all the things most of us think of when we think of retirement. But being ready to retire means more than just reaching a certain age or renewing your subscription to Travel & Leisure. You need... Continue reading
Posted Apr 11, 2011 at Senior Counsel
Do you own a family business? If so, you have plenty of company. More than 90% of U.S. businesses are family businesses. Out of the Fortune 500, 150 are family businesses. Now, would you like to hear some really startling statistics? Only 30% of family businesses will survive into the family’s second generation, 12% to the third generation and only... Continue reading
Posted Apr 4, 2011 at Senior Counsel
Jim Ziegler, Jr., one of my favorite elder law attorneys, authored a great article about the anniversary of the Deficit Reduction Act of 2005, now affectionately known as the "DRA." Read it here! Continue reading
Posted Feb 8, 2011 at Senior Counsel
The problem with the "therapy" requirement has been around for many years and Medicare beneficiaries, their families and advocates have to keep vigilant and push back. "Improvement" is not found anywhere in the Medicare regulations nad advocacy organization The Center for Medicare Advocacy is fighting back. See the article below from the AARP Bulletin. Medicare's policy on therapy comes under... Continue reading
Posted Jan 21, 2011 at Senior Counsel
To stop a perceived encouragement of abuse by seniors of "interest-free loans" on Social Security benefits, the Social Security Administration has published a new rule, already effective, that limits the ability to apply to early Social Security benefits, take the funds, change your mind and repay only the benefit amounts. The full blog post from the New York Times is... Continue reading
Posted Dec 14, 2010 at Senior Counsel
In a very exciting move New York State recently provided a new web page that explains in very good detail what happens with surplus income for the Medicaid program, often known as a "spenddown." This program is for certain people whose monthly income exceeds the income threshold for a Medicaid recipient, but who have medical expenses on an ongoing basis... Continue reading
Posted Nov 22, 2010 at Senior Counsel
This lovely blog post was recently sent to me. It features details about a new short documentary film on older drivers and specifically two men, one of whom has planned his final day behind the wheel. TIME GOES BY | Old People Driving - A Documentary. Continue reading
Posted Oct 12, 2010 at Senior Counsel
VA benefits come up often in discussions about funding for long term care payment. Here is a timely and useful article on WHO should be helping with applications for VA benefits from the National Care Planning Council. I warn families to be careful in this arena because there are organizations that have learned a lot about Veterans' Benefits to use... Continue reading
Posted Oct 9, 2010 at Senior Counsel
I often like to reprint useful articles I have found and the National Care Planning Institute authorizes reprints, so please feel free to pass on this article about COPD and related depression to anyone you know who may be affected by COPD. And as always, if you need referrals to caring practitioners who can help you sort out the promises... Continue reading
Posted Sep 9, 2010 at Senior Counsel
My clients come to me to protect assets and preserve the wealth they have worked hard to accumulate. But the problems that create the risk of losing that wealth are not usually related to the world of finance or investing; we are trying to protect assets against the tragic costs of long term care that can result from a fall... Continue reading
Posted Sep 8, 2010 at Senior Counsel
Let’s face it. You think about dying. We all do. We all at some point wonder what friends and family members will say about us when we are gone. Have you ever thought that they might fight over how your remains are treated? Yes, families can actually go to court over how your remains will be disposed of and whether... Continue reading
Posted Sep 1, 2010 at Senior Counsel