Caring for elders is the inevitable result of being part of a family. Just knowing what to do next can be a difficult task with the busy world we live in today. There are many negative impressions about attorneys when it comes to elder law, but the reality is it can be too difficult for the children, spouses and relatives to navigate through health issues, asset protection, long-term care and other financial issues alone. With the help of a New York City elder law attorney, you can focus on your family rather than worrying about the future.
Elder Abuse
Elder abuse in New York City is very real, and it’s important to hold these abusers accountable.
Some examples of physical elder abuse:
- Hitting, kicking, choking, and any kind of bruising
- Harmful, offensive, or unwanted touching including sexual assault
- Administering the wrong medication, overdosing, or refusing to administer necessary medication or treatment
- Failing to call 911 for an emergency
But elder abuse can also be less obvious:
- Being neglected
- Being financially manipulated
- Emotional abuse including taunting, yelling, intimidating, bribery, punishment, and isolation.
- Nursing home malpractice including improper care or monitoring
Fortunately, victims and their families are provided recourse through federal and state laws. For instance, nursing homes can be held liable for not upholding a high standard of care. Doctors, family, and other caregivers can also be held accountable for elder abuse.
Guardianship
At some point, many elders simply aren’t able to care for themselves anymore. When that time comes, a guardianship may need to be appointed. Our elder care law firm takes guardianship seriously because it affects the livelihood of the elder. Not only will we conduct due diligence on the appointed guardian, but we will also keep in touch frequently to ensure the best care is given on a daily basis.
Medicaid/Medicare
Now is the time to start planning for Medicaid/Medicare assistance, but it’s a complex system to understand if you haven’t dealt with it before. Our New York elder care attorneys can assist in helping you plan, qualify and ensure your elder receives the proper beneficial care they need.
Estate Planning
An elder’s estate could be one of their biggest assets. If it’s not handled properly, their life savings and accumulated assets could be gone in the blink of an eye. If nothing else, an elder care attorney can help give elders and their families peace of mind that their wealth is determined and protected.
If you think you might have an elder abuse case, contact us as soon as possible. We’re here to give you a free evaluation of your situation as soon as possible. We can also discuss long-term protection strategies, including guardianship and Medicaid/Medicare planning.
The Lewins: A Story of Tragic Separation and Above & Beyond Legal Help
In the fall of 2009 Maris Gordon was appointed the Guardian of Mary Lewin, an incapacitated person. As a resident of a state-owned nursing home on Randall’s Island, Mrs. Lewin was diagnosed with Alzheimer’s Disease. The case seemed to be an ordinary, no assets, nursing home guardianship.
Every time Maris visited Mary, she asked to be brought to the fifth floor to visit her husband, Harold. Maris asked the staff if her husband was there. They said that they thought she was a widow and explained that looking for a deceased spouse was typical of her disease.
Yet, there was something about the way Mary was looking for Harold that nagged at Maris. She had experience with Alzheimer’s Disease, but felt there was a ring of truth in Mary’s request. So, she decided to trace the path of Mary’s admission to the facility and found that Harold was indeed alive.
Several months before, APS found Harold and Mary unconscious in their apartment in Jackson Heights. They were both admitted to Elmhurst Hospital, but since they had no family or friends to help them, and they both suffered from different ailments, they were discharged to different facilities for long term care.
When Maris met with Harold, who was alert but confined to a wheelchair, she asked him if he knew Mary and wanted to be reunited with her. Immediately tears rolled down his face and he asked, “Is she alive?”. He thought she had died in the hospital and he was sent to the nursing home to live by himself.
Mrs. Gordon made the necessary applications to the Court to reunite the couple. She found them a room to share in an upscale nursing home and they lived happily there for the next 7 years.
THE STORY CONTINUES:
After Maris found Harold, she located their apartment and assets. She discovered that they had an estimated $2 million in savings. However, she also found out that approximately another million dollars was missing.
An officer at Chase Bank befriended Harold and offered to assist him with errands. Harold began to trust this man. Unfortunately, this man had Harold complete and sign a withdrawal slip in the amount of $880,800.00 from Harold’s account at HSBC. The paper trail found an immediate deposit into the friend’s account.
When Mrs. Gordon asked Harold about this withdrawal, he knew nothing about it. When the Chase Bank officer was questioned, he said Harold gave him a gift.
Quick Action, Final Years in Peace
Maris was quickly able to freeze the couple’s bank accounts. With the assistance of Peter Gordon, lawsuits were initiated. They recovered $350,000 of the stolen money from the thief, and got the remainder from HSBC Bank.
Harold and Mary Lewins lived comfortably in Ozanam Hall of Queens for the rest of their lives. When asked if they liked it, they said they couldn’t ask for a nicer place to live. They shared a room and had a private aide attend to their needs.
As expected with long true loves, they died within a few weeks of each other.