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Elder Law Archives

Creating an environment in nursing homes that is safe

When families select a nursing home facility in New York to help care for their elderly loved one, they are relying on the staff members to provide unparalleled care that is supported by values like respect, empathy and loyalty. However, there are undoubtedly those establishments that have underlying problems with the quality of their care making the risks of elder abuse much more prevalent. Fortunately, people can watch for warning signs within a facility's environment to identify potential risks that could indicate ongoing issues. 

Is your parent being chemically restrained in the nursing home?

If your parent is an elderly New Yorker living in a nursing home, you probably worry that the caregivers there are not giving him or her the level of care (s)he needs. Unfortunately, per the results of a Human Rights Watch investigation, you may have more cause for concern than you realize.

What are the signs of nursing home abuse or neglect?

If your loved one currently resides in a nursing home in New York, chances are you’re concerned about his or her treatment. While most nursing homes strive to provide residents the best care possible, the sad fact remains that some fall well below acceptable standards. U.S. News & World Report urges families to be aware of the following signs, which indicate that a nursing home is neglectful or even abusive

How is self-neglect considered elder abuse?

It can be devastating to discover that your elder relative has lost the mental or physical will or capacity to care for themselves, and has been deteriorating in condition without supervision. Yet when an elderly person neglects themselves, this is actually considered a form of elder abuse under New York State law. How, when no one is abusing them but themselves?

Are annuities assets under NY Medicaid transfer of assets?

If you are petitioning for Medicaid coverage of nursing facility care and services, you may find yourself subject to a five-year "look-back" to assess your assets and finances, as well as an evaluation of your current assets to decide eligibility for coverage. When you took out a life insurance policy, also known as an annuity, you never thought it might factor into assets determining eligibility for Medicaid coverage. Yet now an assessment is questioning that annuity, so is it officially an asset under New York state law?

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