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Elder Law Archives

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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