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Elder Law:


Before moving to a nursing home, elder citizens and their caregivers or loved ones should be well versed in nursing home rights sanctioned under Elder Law. Not only can this protect the well-being of a senior under the care of a nursing home, it can help maintain comfort and happiness as well.


Overall, Elder Law is a necessary development in the legal field to accommodate the needs of aging Americans. As the practice becomes clearer and more generalized, the senior population of the United States can enjoy better provisions, effective protection of their rights, and longer lives.Before moving to a nursing home, elder citizens and their caregivers or loved ones should be well versed in nursing home rights sanctioned under Elder Law. Not only can this protect the well-being of a senior under the care of a nursing home, it can help maintain comfort and happiness as well.


Wills:


The drama created in the cinema, television and theatre concerning wills is greatly exaggerated. The primary purpose of a will is for the testator (creator of the will) to select an executor or executrix, so that Letters Testamentary can be quickly issued to that person upon the death of the testator.


Despite your bankers, insurance agents, and financial consultants promises that “this product will avoid probate” the only person that will be able to act for you the moment after you die will be the person who obtains authorization from the Surrogate’s Court to do so, and someone is going need authorization to act in your absence.  With a will, you get to select that person. Also, a Will affords you the opportunity to generally direct the disposition of your assets.


If you die without a will, your family and heirs will have to decide amongst themselves who the Administrator will be; however, if they cannot decide amongst themselves, then unfortunately the Surrogate will decide amongst them or appoint a neutral administrator.  An administrator acts in the same capacity as an executor; however, the decedent has died without a will.  If you have more than one child, other heirs, or trouble within your family among siblings and relatives, its always best to have a Will to ensure that have address any special issues or concerns.  One of the most important reasons to have a will is that it will be a most to your grieving heirs.  Always remember that without a Will, your assets will pass to your heirs by the laws of the State of New York, which may not exactly be what you had intended.


Estate Planning:


Estate planning is arguably the most important endeavor of a senior citizen. It determines legal representation, beneficiaries, and other instructions following the death or incapacitation of a senior. While taxation has also been an issue in the past, federal taxes have been repealed beginning January 1, 2010; however New York State Taxes will still be applicable, especially since your estate will be probated in the Surrogates Court of the State of New York, or any other State which you may reside in at the time of your death.


Under all circumstances, no matter how young or old you are, it is important to execute documents that provide your family with instructions as to your desires in the event that you become incapacitated or seriously injured.  Moreover, it is vital that you and your family’s quality of life to execute documents that allow people to act for you when you are unable to. You can accomplish this by creating and executing: (a) A Living Will; (b) appointing a Health Care Proxy; and (c) executing a Durable Power of Attorney.  Once you are over eighteen (18), you are never too young to be prepared for an accident or sudden dramatic change in health, mental or physical capacity.


Disclaimer:  Each person and family situation is unique, and to properly ascertain and plan for your circumstances a consultation with Mr. Krupnick will be necessary.  The terms discussed herein above are intended to provide simply an overview of these topics.



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