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Davidow, Davidow, Siegel & Stern, LLP
Long Island's Elder Law, Special Needs & Estate Planning Firm

Monday, July 25, 2005

Time is Running Out! Seminar Invitation

Medicaid has long served as a safety net for middle class seniors faced with the catastrophic cost of a nursing home. This program is currently under attack and likely to change. Learn how to PLAN NOW before the window closes forever. Don't limit your options and jeopardize everything you've worked a lifetime to acquire.

NOW, more than ever, it's important to learn the answers to these crucial and timely questions:

If I put together a plan right now to protect my assets from a nursing home, will I be grandfathered in?

What will Medicare cover?

If I can't rely on Medicaid in the future to pay for long term care costs, what exactly should I be doing now?

I want to learn from the Terri Schiavo case...Do I need a Health Care Proxy or a Living Will or both?

What exactly is a Living Trust?

If I become incapacitated, how will my finances and medical decisions be handled?

Do I really need a will?

I have a disabled child. How can I protect and provide for that child when I can no longer do it myself?

What is the difference between Revocable and Irrevocable Trusts?

Join Long Island's Elder Law, Special Needs and Estate Planning Firm for the one FREE seminar you can't wait to attend! Discover why planning NOW is more important than ever.

TUESDAY, AUGUST 9TH AT 10:00AM
Presentation and Luncheon
The Islandia Marriott
3635 Express Drive North

Seminar and Lunch are FREE, but reservations are required. Call today to reserve your place...bring a friend. Call 631-234-3030 or email JGrisolia@Davidowlaw.com.

Thursday, July 14, 2005

Things to Think About Before You Relocate Your Elderly Parent

Your home is now miles and hours away from your parent. The best thing would be to move Mom or Dad closer…or would it? There are a lot of reasons why it might make sense to relocate an aging parent closer to the rest of the family.

But, before you suggest a move, give it some serious thought. Be sure that this move would really be the best thing for all of you. Once you have made the commitment to relocate, it will be next to impossible to undo.

Following are some important things to think about before you make the decision to relocate an older person:

1. Can my elder get along without me (at least for a while?)

If my elderly parents don’t depend on me for regular assistance now, can the move wait until I have had a chance to learn about local elder resources here?

If I am working long hours, how much will I be able to assist my parent after the move?

Who will select, pack, or sell possessions? Will a house have to be sold?

2. Social Life

Is my elder confident enough to venture out and to make new friends in a strange place? Will he/she be leaving a good network of supportive friends?

If my aging parent is driving on familiar streets now, will he/she be able and safe to do so on unfamiliar territory, where the traffic may be much heavier? Is transportation available, or will I have to be the chauffeur?

3. Important Medical Questions

Does my elder have a long and close relationship with current physicians? Can we find equivalent physicians who will treat an elderly person? Many specialists, in particular, have reduced or closed their Medicare practices.

Will health insurance transfer to this area? HMOs are geographically limited.

Will the climate be a concern?

4. Financial Issues

Is the new cost of living affordable? Social Security and retirement income will not be adjusted if your parent moves to a place with a higher cost of living.

If he/she is currently receiving state benefits or assistance, what will the requirements be to qualify in the new location? Even within the same state, there is often a wait before services resume at a new address.

If a house must be sold, what are the financial (tax and other) consequences?

And, this is the most important question of all…What does the elder think? If he is competent and able to make his own decisions, does he want to relocate? Will you spend hours of effort and anxiety trying to find the “perfect” answer, only to be told to mind your own business?


Source: by Molly Shomer of The Eldercare Team. Please visit Molly’s website at http://www.eldercareteam.com for more elder care articles and important resources for those who are caring for aging adults.”

Wednesday, July 6, 2005

Facts About Long-Term Care

Each year, consumers spend about $40 billion out-of-pocket for long-term care services.1 This does not include the cost of informally provided care; about two-thirds of persons with long-term care needs receive services from unpaid help only.2 Advance planning can help consumers age in place and make optimal use of available services.

About 13 million Americans report having long-term care needs; in less than 20 years, this number is expected to increase by 70% to 22 million people.3 Five percent of the elderly are in nursing homes - about 1.4 million people.4 Approximately 43% of those turning age 65 can expect to spend some time in a long-term care facility, about half of them will require care for three years or more, and 20% will spend five years or longer in a nursing home.5 One in five people who reach age 65 will spend more than two years in a nursing home.6 Rates of nursing home use are declining, associated with an increase in the use of home health care services and alternative residential care services such as assisted living.7 The fact is, 60% of people who turn age 65 this year will need long-term care as they grow older.8
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1 Feder, H.I. Komisar, and M. Niefeld, "Long-Term Care in the United States: An Overview", Health Affairs 19 (2000): 40-56.
2 R. Stone, Long-Term Care for the Elderly with Disabilities. Current Policy Emerging Trends, and Implications for the Twenty-First Century (Washington, D.C.: Millbank Memorial Fund, 2000).
3 Facts on Long-Term Care, 1997 (Washington, D.D.: National Academy on an Aging Society, 1997); available at http://www.agingsociety.org/aging-society/publications/fact/index.html.
4 National Nursing Home Survey 1999 (Hyattsville, MD: National Center for Health Statistics, 2000).
5 M. Donald Wright, "Looking Toward the Future with Long-Term Care Insurance" (Financial Gerontology), Journal of American Society of CLU & CHFC51 (May 1997).
6 P.Kemper and C.M. Murtagh, "Lifetime Use of Nursing Home Care." New England Journal of Medicine (3424): 595-600.
7 National Nursing Home Survey 1999.
8 K.J. Mahoney, L. Connolly, D. Phillips, and T. Hayaski, "Increasing Awareness of Long-Term Care Costs and Options, the Early Experience of the California Partnership for LTC," prepared for the Gerontological Society of America, Coston, MA, 1996.

Tuesday, June 28, 2005

The Long Island Community Foundation

The Long Island Community Foundation is a part of the nation’s fastest growing form of philanthropy. The LICF is an economic alternative to a private foundation or a commercial gift fund. The Long Island Community Foundation, a division of The New York Community Trust, distributes more than $12 million annually through the 168 charitable funds that Long Island residents and businesses have set up within LICF. If you are thinking about giving, it is an efficient and hassle-free way of giving to a public charity.

The Community Foundation’s mission is to build a permanent source of private funding for Long Island’s charities. Funds can be named for their donors, for their purposes, or as memorials. The two main types of funds are donor-advised and field-of-interest funds. Donor-advised funds allow donors to participate in the selection of the beneficiaries. Field-of-interest funds enable the Community Foundation to support charitable agencies and organizations within a geographic or charitable area (such as child welfare) specified by the donor. Either way, funds are a great way to create a family legacy and to make a real and lasting difference in the daily life of our community.

In addition to the peace of mind and goodwill of charitable donations, there are several advantages and benefits to creating a fund in the Community Foundation. You will recognize greater tax savings by establishing a fund through the LICF rather than through a private foundation. A fund can be established in less than one day, often with a single page document, whereas a private foundation takes months to establish with lots of expensive paperwork. A fund offers donors maximum tax benefits without the bother of administration. The LICF staff performs all of the administrative work (bookkeeping, accounting, and check writing) and assures that only bona fide charities are supported.

A fund in the Community Foundation is a great way to permanently give back to the community in which you live. A LICF fund allows the joy of giving and the recognition donors expect when they are donating to charity. An experienced estate planning attorney, like the ones at Davidow, Davidow, Siegel and Stern can help assist in any charitable contributions you may want to make.

Log on to the Long Island Community Foundation’s website at www.licf.org for more information.

Monday, June 20, 2005

New Technologies Spot Alzheimer's Beginnings

Even without a cure, early detection is important, experts say...

Two high-tech brain scans and a new blood test can identify Alzheiner's linked neurological changes years before actual symptoms arise, researchers report.

Besides allowing individuals to begin drug therapy early and not wait for the future, these early -detection tests might someday help those take full advantage of preventive therapies.

"We already have medications coming down the pike that already change the course of the disease, " explained William Thies, Director of Medical and Scientific Affairs at the Alzheimer's Association. "As those medications become available, there's going to be a tremendous need to identify Alzheiner's disease earlier and earlier".

Three studes outlining the new screening technologies were presented at the Alzheimer's International Conference on Prevention of Dementia, in Washington, D.C.

One study used positron emission tonography (Pet) Scans hooked up to a specially designed, MRI computer program. That program automatically tracks glucose metabolism in an area of the brain called hippocampus, a key memory center.

"If there's reduced [metabolic] activity there, you have cognitive problems, and are at risk of developing Alzheimer's." The technology grew out of the work from a team who first discovered hippocampal shrinkage to be a harmful indicator of Alzheimer's disease.

Using this computerized scanning technology, the NYU researchers followed 53 healthy participants between 54 and 80 years of age for between 10 and 24 years in a first -of-its-kind, long term experiment. Participants received PET scans at the beginning of the study and then at the three-and-six year mark.

Six of the participants did go on to develop Alzheimer's disease.

Before this, we didn't have any idicators or biomarkers, and now we can finally know what to look for and examine this further in clinical research."

Early detection methods are much further advanced than their development than the blood-based screen. "But obviously, the blood screen is much easier and requires less machinery and fits much easier into the physician's routine.

In the absence of effective treatments, however, does early detection really make sense? Studies now believe that it does.

The impact of the current medications we have is likely to be biggest in the scope of the disease. And Alzheiner's disease is so dislocating for families--knowing ahead of time allows you to plan better for the future in a number of ways. Waiting until symptoms appear--and competency is impaired--may be too late, the affected individual is taken out of the mix, and the family is left trying to interpret what they would want.

The decades long push for effective, preventive therapies may produce fruit. The advent of powerful drugs that fight Alzheimer's will make early detection even more important than it is now. At the same time, advances in imaging technology are fueling this research boom, allowing us to locate and target exactly those areas of the brain most affected by the disease.

For much more on Alzheimer's disease, visit the Alzheimer's Association.

Source: 6/19, HealthDay News, E.J. Mundell.

Wednesday, June 1, 2005

Time is Running Out! Seminar Invitation

TIME IS RUNNING OUT!
The one FREE seminar you CAN’ WAIT to attend.

Presented by Davidow, Davidow, Davidow, Siegel and Stern, Long Island’s Elder Law, Special Needs and Estate Planning Firm.

Medicaid has long served as a safety net for middle class seniors faced with the catastrophic cost of a nursing home. This program is currently under attack and likely to change. Learn how to PLAN NOW before the window closes forever. Don’t limit your options and jeopardize everything you’ve worked a lifetime to acquire.

NOW, more than ever, it’s important to learn the answers to these crucial and timely questions:

• If I put together a plan right now to protect my assets from a nursing home, will I be grandfathered in?
• What will Medicare cover?
• If I can’t rely on Medicaid in the future to pay for long term care costs, what exactly should I be doing now?
• I want to learn from the Terri Schiavo case…do I need a Health Care Proxy or a Living Will or both?
• What exactly is a Living Trust?
• If I become incapacitated, how will my finances and medical decisions be handled?
• Do I really need a will?
• I have a disabled child. How can I protect and provide for that child when I can no longer do it myself?
• What is the difference between Revocable and Irrevocable Trusts?

Choose from these two seminars:

Wednesday, June 22nd at 10:00am
Breakfast Buffet and Presentation
Riverhead Polish Hall
214 Marcy Avenue, Riverhead

Or

Tuesday, June 28th at 6:00pm
Dinner Buffet and Presentation
The Milleridge Inn
585 North Broadway, Jericho

Reservations are required. Call 631-234-3030 or email JGrisolia@Davidowlaw.com to reserve your seats. Discover why planning NOW is more important than ever!

Thursday, May 26, 2005

Democrats to Boycott Medicaid Commission

Congressional Democrats have found the details of the Medicaid Commission to be established by the U.S. Department of Health and Human Services (HHS) so objectionable that they have already announced that they will not fill the four seats reserved to them on the 38-member panel.

A Federal Register notice published this week, reveals that the commission will comprise three separate "member groups." The first group, fifteen "voting members," will be the only commission members who can vote on recommendations. This group will be made up of former or current governors, three representatives of public policy organizations "involved in major health care policy issues"; former or current state Medicaid directors; individuals with "expertise in health, finance, or administration"; federal officials who administer programs that serve the Medicaid population; the HHS Secretary or his designee; and ex official members. All fifteen of these voting members will be appointed by HHS Secretary Michael Leavitt.

Leavitt also will have the exclusive authority to appoint the second member group, fifteen "nonvoting" members. These individuals "will include State and local government officials" and "consumer and provider representatives." The third member group, also without voting rights, was to consist of eight individuals currently serving in-an appointed by-Congress. In the Senate, the majority leader, minority leader, and chairman and ranking member of the Senate Finance Committee would appoint one person each. In the House, the speaker, minority leader, and chairman and ranking member of the House Committee on Energy and Commerce would each make an appointment.

However, at least half of the seats designated for congressional representatives will not be filled due to the Democrats' objection over the monopoly Leavitt will have on the commission's voting membership. The Democrat minority leaders in the Senate and House and ranking members of the Senate and House Committees announced that they will not exercise their authority to appoint members to the commission. Senate Minority Leader Harry Reid (D-NV) and House Minority Leader Nancy Pelosi (D-CA) claimed in their statements that "an invitation to Democrats to select four Members of the Senate and House to advisory roles without a vote is wholly inadequate to lend any Commission even the air of bipartisanship."

Democratic criticism of the commission is not limited to its membership but extends to its mission as well. The commission's first order of business will be to recommend to Leavitt by September 1, 2005, where $10 billion should be cut from Medicaid. Reid and Pelosi object to that assignment:

We fundamentally disagree with the premise that this Commission should make recommendations on how to cut Medicaid outlays by $10 billion by September 1...If Congress can decide how much to cut, it does not need a Commission to figure out how to cut the program. To the contrary, it is the responsibility of the elected Congress to make such cuts, and members who support those cuts should be held accountable for those decisions.

After submitting its initial recommendations, the commission will be charged with "making longer-term recommendations on the future of the Medicaid program that ensures the long-term sustainability of the program." The latter recommendations will be due by December 31, 2006.

Source: National Senior Citizens Law Center, Washington Weekly, Vol. XXXI, Issue No. 21.