Despite the great emotions being expressed about health care, the scope of change that is predominantly being discussed is actually quite small. While there are some exceptions, the most publicized part of the debate is who should have access to western health care, and who should pay for it. What has been very sporadically discussed, and mostly in a very superficial way, is the much bigger and more important question: What is health and how do we promote it? Part of the difficulty of answering this question from the view of modern western medicine is that almost all of the current focus is on treating sickness. There is occasional talk about preventative medicine, but it’s in very general terms,... more

It really doesn't matter the reason you were arrested the same general principals apply on what you should say (nothing) and what you should do. Whether you are guilty as sin or wrongfully accused how you act during the arrest can have an effect on how your case proceeds. No matter what keep your cool. Don't mouth off to the officer, be respectful and courteous. Remember the officers are just doing their job and you need to do yours...remaining silent. Contrary to popular culture and belief simply because a cop doesn't read you your Miranda rights does not mean your case is dismissed. Miranda warnings only apply to custodial interrogations. This means that statements made prior to arrest... more

Years have passed and you have finally decided to address your dark past. Yes, you are a fugitive and a warrant is still active in another state. Finally, you have decided to take care of this matter that keeps you awake and causes undue stress. Contrary to popular belief, just because you have ignored your criminal past does not make that warrant disappear. The warrant may be for a simple alcohol related offense from the college days or a probation violation when you were living in another state. Instead of ignoring this issue, it’s now time to clear the past and move on with your life. Most states have warrants set at different levels of alert. The most severe level notifies the entire... more

Many seniors are aware that some planning is necessary if Medicaid is to cover their skilled nursing care as they age and that making gifts of money or property to their loved ones before they need care can be part of that process. There are a few common misconceptions, however, about gifting and the Medicaid Process that, as an attorney practicing in the field of elder law, I see on a regular basis. Often, penalties resulting from these transfers could have been avoided if clients had been aware of the consequences of their actions. “I thought I was allowed give away $13,000.00 to each person every year.” This statement and action is a result of the misapplication of the Annual Federal Gift... more

I meet with individuals on a regular basis whose parent or loved one has been informed that they will need long-term care at a skilled nursing facility. These individuals are often motivated to seek legal counsel after the realization that the care that their loved one now requires will cost over $300 per day. Most of them believe that Mom or Dad has to spend nearly all of their assets before the cost of care will be subsidized by Medicaid (skilled nursing coverage). For someone to be eligible for skilled nursing Medicaid coverage, they must have a medical need, they must meet certain asset/income limitations and they must show that for the last five years they have not made any “transfers... more

Strategies to Preserve Assets For many seniors, some of the anxiety experienced as they age is regarding financial matters.  As in any area of consumer spending, knowing what to look for and what strategies to use in arranging for paid care services can often result in saving money. Some strategies allow for preserving the home or relieving the pressure of spending retirement savings. Oftentimes a strategy will provide tax advantages as well. A person facing the prospect of long-term care with moderate income and moderate savings may eventually have to rely on Medicaid to pay part or all of the cost of care. For instance someone making $2,000 a month would not be able to afford a nursing... more

Many of us worry that we will not have the necessary resources to enjoy our retirement. We are afraid that we may not be able to leave gifts for our children, or worse that we might burden them with our financial needs. By the same token, children are concerned by the decline of their parents’ abilities and don’t know when to step-in, or do so only after a crisis. We have found that many otherwise capable people agonize and worry, but do nothing about planning for special needs and managing their assets through their retirement and transferring them at death. The solution is to create a comprehensive plan for aging and transferring wealth that includes both care-related and financial factors,... more

Admit Defeat. Some caregivers allow the situation to go beyond their control. They have gotten to it a point where depression and fatigue have clouded their judgment. It is extremely important for family members or advisers to recognize this situation and provide counseling for the caregiver. Perhaps at this point any further effort will only be detrimental to the caregiver and the focus shifts from the needs of the care recipient to those needs of the person providing the care. At some point the caregiver will have to admit that he or she can't handle it alone and a better solution must be found. PBM Elder Law of Buffalo is the only law firm in Western New York exclusively devoted to age-related... more

Professional Help Is Crucial in Saving Time, Money and Stress Long-term care services are complicated and expensive. For the majority of Americans, eldercare is a do-it-yourself process. This approach is wrong. Using professional care advisers is the most cost effective and efficient way to provide help for a loved one. Hiring professional advisers to help with long-term care is no different than using a professional to help with other complex issues. Even if a person has enough time to do the necessary research, they are unlikely to have the experience in handling care situations that a professional long-term care expert would have. Experience only comes from dealing with countless hands-on,... more

Hire a Competent Adviser We cannot stress enough the importance of using an adviser in a caregiver setting. A financial planner, care funding specialist or a reverse mortgage specialist may find the funds to pay for professional help to keep a loved one at home. A care manager can guide the family and the caregiver through the maze of long-term care issues. The care manager has been there many times the family is experiencing it for the first time. Understanding the options with long-term care can be overwhelming to someone who does not have a background in this area. An elder law attorney can help iron out legal problems. And an elder mediator can help solve disputes between family members.... more

Understanding Government Long-Term Care Programs It is interesting to note that a large majority of the American public still believes that the government will provide long-term care when needed. It is this misconception that most likely prevents people from planning for care for themselves. In fact a recent study revealed that many people believe they can give away assets prior to the need for care and qualify for Medicaid. We believe the lack of knowledge with Government long-term care programs is an impediment to proper long-term care planning. When people understand the limitations of relying on government programs they are most likely to be more motivated to plan for the future by making... more

Using Strategies to Preserve Assets As in any area of consumer spending, knowing what to look for and what strategies to use in arranging for paid care services can often result in saving money. Some strategies allow for preserving the home or relieving the pressure of spending retirement savings. Oftentimes a strategy will provide tax advantages as well. A person facing the prospect of long-term care with moderate income and moderate savings may eventually have to rely on Medicaid to pay part or all of the cost of care. For instance someone making $2,000 a month would not be able to afford a nursing home at $4,000 a month. Savings would be depleted quickly and the income from a spouse may... more