lawrencecohen

The Best and Most Powerful Estate Planning Tool Used Today

Wed, 13 Nov 2024 18:15:35 GMT

I recently had the great opportunity to provide an educational presentation on Trusts to the residents of the North Shore Towers community. I am sharing my presentation to help those not familiar with trusts, learn what a trust is, what kinds of trusts exist, and gain an understanding of its many benefits.

Larry Cohen NST Presentation on Trusts:

August is National Make-a-Will Month

larry@lawrencecohenlaw.com (Lawrence Cohen) — Tue, 01 Aug 2023 20:03:22 GMT

Leave a Lasting Legacy of Love - Why Everyone Should Have a Last Will and Testament

Life is an amazing journey filled with cherished moments, laughter, and love. While it may be difficult to think about the end of this beautiful journey, it is crucial that we plan for the future to ensure that our legacy endures long after we are gone. A Last Will and Testament is not just a legal document or a piece of paper, at its core it’s a heartfelt expression of our deepest wishes, ensuring that the people and causes we care about most are taken care of, even when we're no longer there to do so ourselves. Today is the 1 ^st of August, which is National Make-A-Will Month, and it's a great day to explore the profound reasons why everyone should have a Last Will and Testament.

Although legal expertise is necessary to draft a comprehensive Will with all the necessary legal protections, provisions and contingencies, the act of creating a Will is one of love and responsibility towards our family, friends and community. It shows that we care deeply for their well-being and want to spare them from unnecessary burdens during a difficult time. By having a Will, we provide clear instructions on how our assets and belongings should be distributed, saving our loved ones from potential conflicts and uncertainty.

The passing of a loved one is a time of grief and vulnerability. Without a Last Will and Testament, family disputes may arise over the distribution of assets, leading to fractured relationships and long-lasting wounds. By having a Will, we can minimize the chance of misunderstandings and preserve the unity and love among family members.

As parents, our children's happiness and well-being are at the forefront of our minds. Creating a Will allows us to appoint a Guardian for our minor children, someone we trust wholeheartedly to raise them with the same love and values we’ve instilled in them. It is a testament to the lengths we would go to ensure our children are in safe hands, no matter what the future holds.

A Last Will and Testament is not only about distributing assets; it also allows us to leave a legacy of giving back to causes that hold a special place in our hearts. Through charitable bequests, we can support organizations and initiatives that have touched our lives, making a lasting impact on the world even after we’re gone.

Life is unpredictable, and none of us know what the future holds. By having a Will, we regain a sense of control over our lives, knowing that our wishes will be carried out as we envision. This peace of mind enables us to live our lives more fully, knowing that our loved ones will be taken care of according to our heartfelt intentions.

While it is natural to avoid conversations about death, planning for the inevitable is an act of love and compassion towards ourselves and those we care about most. A Last Will and Testament is not about the material possessions we leave behind; it is about the enduring legacy of love and care that we instill in the lives of our loved ones and the causes we hold dear. Let us embrace the opportunity to create a lasting testament of our love, responsibility, and compassion. Together, we can ensure that our legacy extends beyond our years, inspiring generations to come with the same kindness and generosity that define our lives.

Don't wait for tomorrow; create your Last Will and Testament today, and let your love be felt for generations to come. Please contact the Law Offices of Lawrence Cohen if you have any questions or would like us to assist you with your estate planning.

- Larry

Thank You For Voting Us Best Of Long Island

Thu, 02 Mar 2023 17:01:49 GMT

Long Islanders Voted Lawrence Cohen, Esq. Best Elder Law Attorney!

February was both an exciting and rewarding month for the Law Offices of Lawrence Cohen, as we received word that I was named the Best Elder Law Attorney on Long Island - Best Of Long Island - an award developed by the Long Island Press and Schneps Media and decided by tens of thousands of Long Islanders.

Being named the “Best Of Long Island” means several things for me. First, it means that I have made an impact on the lives of many clients, colleagues, professionals, friends, and families who wanted to let others know just how much they appreciated me and were in my corner, just like I’ve been in their corner as I help them navigate through life’s challenges. And second, it means that I have successfully empowered clients to achieve their goals and they recognize me for my expertise, responsiveness, and the care provided to help them through life’s most stressful predicaments. But most importantly, it means that I'm making a real difference and helping families and their loved ones protect their life's savings and nest eggs, accumulated through a lifetime of employment, hard work, and sacrifice.

Thanks to those who voted Law Offices of Lawrence Cohen Best Elder Attorney on Long Island. Thank you to all of those who have hired me to help with Elder Care Planning, Medicaid Planning, Estate Planning or Probate/Administration. I look forward to continuing to provide my services to you and your families for years to come.

What is the Difference Between Medicare and Medicaid?

Wed, 06 Apr 2022 20:37:53 GMT

Medicare and Medicaid are two different government programs for healthcare. It is important to understand the difference between them. Here, we will discuss how the program benefits differ and how eligibility for each program is established.

What are the program benefits?

Medicare is a program administered by the federal government to provide healthcare to certain populations. Original Medicare is divided into Parts A and B. Medicare Part A covers hospital care and a limited period of nursing home care, home health services,

and hospice care. Medicare Part A will only cover nursing home care if –

There was first a qualifying hospital stay of 3 days of inpatient care; and
Nursing home care was needed relating to the hospital stay; and
The patient entered the nursing home within a short time of the hospital stay (usually within 30 days).

Thereafter, only the first 20 days of nursing home care are paid for by Medicare Part A. Days 21 through 100 of care require a partial payment by the patient. Any care after 100 days is not paid at all by Medicare Part A.

Medicare Part B covers traditional healthcare expenses, such as visits to a doctor, blood tests, and X-rays. In most cases, a referral is not needed to see a specialist. Original Medicare does not cover prescription drug coverage; however, you can enroll in Medicare Part D through a private insurance company with paid premiums.

Medicaid is also a program intended to provide medical benefits to certain populations. It is a joint federal-state program. While states receive federal funding and must follow specific federal rules, each state administers its own Medicaid program. Medicaid covers all types of medical care, including long-term care, such as a nursing home. However, eligibility criteria are more stringent when trying to qualify for long-term care.

How is eligibility established?

Eligibility for Medicare is simple – if you are over age 65 and have paid Medicare tax through your employment for at least ten years, you qualify. You can get Medicare Part A at age 65 without paying any premiums if:

You receive Railroad Retirement Board benefits; or
You are eligible to receive Railroad Retirement Board benefits or Social Security benefits but have not yet filed for them; or
You or your spouse had Medicare-covered government employment.

If you or your spouse don’t qualify for Medicare Part A because neither of you paid Medicare tax through your employment, you may still be able to obtain Medicare Part A via paid premiums. Eligibility for Medicare Part B is the same as for Part A but requires a paid premium. Some folks qualify for Medicare benefits even though they are under age 65, including younger people with disabilities and those with End-Stage Renal Disease.

Eligibility for Medicaid is needs-based. Meaning, income restrictions for programs cover pregnant women, children, the disabled, and the elderly. If your income is under the amount specified for your state, then you likely qualify if you are in one of those groups.

If long-term care is needed, however, there are also asset restrictions. An applicant cannot have over a certain amount of assets and still qualify for nursing home care benefits. However, applicants can retain The Law Offices of Lawrence Cohen to do legal planning to protect assets while still getting qualified for benefits. This way, money and property are preserved for their family and won’t have to be spent on care.

In addition to income and asset rules regarding nursing home Medicaid benefits eligibility, there is a look-back period. Suppose you had transferred assets during a specific time period before the Medicaid application was submitted. In that case, you will likely receive a penalty where you are not eligible for benefits for a period of time. Again, an experienced elder law attorney at The Law Offices of Lawrence

Cohen can best help you navigate the application process to best manage any prior transfers for your benefit.

Conclusion

Medicare and Medicaid are two very different programs; each provides certain benefits has certain criteria for enrollment. Between the two, however, only Medicaid will cover long-term care expenses for more than 100 days. Getting long-term care Medicaid can be a tedious process, and legal strategies can be employed that will help you protect assets while getting needed care. If you or someone in your care needs long-term care soon, or you would like to be proactive and protect assets in advance for more asset protection, then an elder law attorney can be in your corner and help you navigate the legal strategies available to you.

[1] https://www.hhs.gov/answers/medicare-and-medicaid/who-is-elibible-for-medicare/index.html

[2] https://www.elderlawanswers.com/medicares-limited-nursing-home-coverage-12131

[3] https://www.medicare.gov/coverage/nursing-home-care

[4] https://www.ehealthmedicare.com/about-medicare-articles/facts-about-

medicare/#:~:text=Medicare%20Part%20B&text=Part%20B%20benefits%20cover%20certain,for%20peo

ple%20with%20high%20incomes .

[5] https://www.cms.gov/Medicare/Eligibility-and-Enrollment/OrigMedicarePartABEligEnrol

The Right to Vote

Wed, 14 Oct 2020 17:47:00 GMT

The election is right around the corner and the country is deep in the throes of political discussion. The right to vote and have one’s voice be heard is at the center of the American democracy. But who, exactly, has this important right and responsibility? Most folks know that there are certain categories of people who don’t have the right to vote – non-citizens, people convicted of certain crimes, and those who are under a certain age. But what about those who have are mentally incapacitated or under a guardianship? Can they vote?

Having mental capacity means one can effectively make decisions for themselves regarding their person or property. This decision-making process means understanding pertinent information, analyzing that information, making a decision based upon that information, and being able to communicate that decision to others. The law requires mental capacity in certain decision-making situations, in order for those decisions to be considered legally valid. Mental incapacity means that one is not able to make certain decisions on their own. This could mean a wide range of things and could result from a wide range of conditions, including mental illness, intellectual disability, or mental impairment of any sort.

Some folks with mental incapacity are subject to a guardianship, and this is when their right to vote may be impeded. But the problem is that those with other special needs, such as medical or physical disabilities, might also be subject to a guardianship, while being perfectly able to vote in a meaningful way. Does a guardianship automatically mean the ward is stripped of the right to vote? Not necessarily.

The federal laws that protect the right to vote include the Fourteenth Amendment. This includes equal protection and due process. The former means that a state can’t pass a law that discriminates against someone for no reason, and the latter means that a right cannot be taken away from someone without the government’s action being narrowly tailored to reach an important goal. The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act also play an important role. Both laws say that people with disabilities can’t be discriminated against, including voting in elections.

The U.S. Department of Justice has determined that the ADA applies to all aspects of voting, and a state or local government cannot dictate that a person with a disability must complete more steps than a non-disabled person would have to do before the former is allowed to vote. The Help America Vote Act provides for a provisional ballot if one’s ability to vote is brought into question and also dictates that the right to privacy and independence in voting applies to everyone. The Voting Rights Act mandates that states can’t apply different rules and standards to different people when deciding who can vote. Also, states can’t make citizens pass a test in order to be allowed to vote.

But just how a guardianship effects one’s right to vote is a matter of state law. About half of all states have laws that provide that an incapacitated person retains their right to vote unless specifically prohibited by a court. Such states include Alabama, Alaska, Arkansas, Arizona, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Iowa, Kentucky, Maryland, Maine, Nevada, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Tennessee, Texas, Washington, Wisconsin, and Wyoming. Several states, including Massachusetts, Minnesota, Missouri, Oklahoma, South Carolina, South Dakota, Utah, Virginia, and West Virginia, have certain laws that bar voting rights to those who are under a guardianship or declared mentally incompetent. But in some of those states, those laws have been invalidated or interpreted in a way as to not automatically deny someone under guardianship the right to vote. Some states, such as Colorado, Idaho, Illinois, Indiana, Kansas, Michigan, New Hampshire, North Carolina, Pennsylvania and Vermont, are silent on the issue.

An example of a statute that expressly states that a ward retains the right to vote unless limited by a court is AR Code § 28-65-106(a) (2019) , which states: “A ward is not presumed to be incompetent and retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted by order to the guardian by the court.” An example of a state which forbids those under guardianship from voting is the Constitution of Massachusetts, Article 3 : “Every [male] citizen of [twenty-one] years of age and upwards, excepting [paupers and] persons under guardianship who shall have resided [within the commonwealth one year, and] within the town or district in which he may claim a right to vote…” Archaic indeed! The Secretary of State issued an opinion, 41 Pub. Rec. 5 (Jan. 1991), that said that “under guardianship”, as referenced in the Constitution, means “under guardianship with specific findings that prohibit voting”.

The bottom line is that only a court can decide if someone is incompetent to vote. In states with voter competency laws, it is a court who makes the determination. A polling employee, workers at a long-term care facility or hospital, or even a guardian cannot make this decision. No matter what state law says, the due process clause of the Fourteenth Amendment mandates that a person’s rights cannot be stripped of them without their day in court. So if someone comes up against a state law that says someone other than a judge can decide if another is competent to vote, such as Me. Rev. Stat. Ann. tit. 34-B §3803(1)(A) , where “[t]he chief administrative officer of the psychiatric hospital or residential care facility” makes that determination, there seems to be grounds for a suit on the basis of lack of due process.

Top Reasons Everyone Needs a Comprehensive Power of Attorney

Fri, 21 Aug 2020 20:25:00 GMT

The benefits of a highly detailed, comprehensive power of attorney are numerous. Unfortunately, many powers…

The Impact of COVID-19 on the Senior Community

Tue, 04 Aug 2020 01:03:00 GMT

Around the first of the year, the lives of Americans changed forever. A new virus, CODIV-19, began to spread across our country. The virus, part of a worldwide pandemic, spread quickly and silently. Virtually all aspects of life changed – businesses closed down, social distancing became a new norm, and toilet paper and hand sanitizer were suddenly scarce. In this issue of ElderCounselor , we will take a look at how the COVID-19 outbreak has affected the lives of seniors and how we can lessen the impact on our senior community.

Susceptibility to Coronavirus

Symptoms of the Coronavirus include coughing or shortness of breath and at least two of the following symptoms: fever, sore throat, chills, headache, muscle pain, or loss of taste or smell. [1] Older adults, seniors, and those with underlying medical conditions are at a higher risk of developing more severe complications from COVID-19. [2] Early data showed that seniors over 85 years old have a mortality rate of 10% to 27%; seniors aged 65-85 had a mortality rate of 3% to 11%; and those aged 55-64 had a mortality rate or 1% to 3%. [3] The general public quickly became keenly aware of the senior population’s increased likelihood of more serious complications, should one contract COVID-19. As a result, there were many interruptions for seniors – including interruptions in family and community ties, finances, and legal services.

Interruption in Family and Community Ties

Well-meaning family members quickly realized that they were putting their beloved seniors at greater risk of contracting COVID-19 by physically visiting with them. No more stopping by to say hello or help out with a task. No more Friday night puzzles, Sunday brunches, or Monday movie night. Visits with family came to a halt.

Likewise, other community ties were cut short. Senior centers ceased operations, rec centers closed down, quilting bees quit meeting, and pretty much every other gathering was put on hold. Without family visits and community engagement, seniors were left to stay home. Many seniors live alone, and so the impact of quarantining has left those seniors in total isolation.

Seniors who reside in assisted living facilities and nursing homes were suddenly not allowed to have visitors. In fact, the government banned all visitors from such facilities, with exceptions for compassionate care. [4] Also, all group activities and communal dining within nursing homes ended. [5] Residents were stuck in their rooms. For some, technology was a lifesaver – FaceTime and Skype allowed a window to the outside world. For others who could not access technology, isolation became a heavy weight to bear.

Humans are social creatures. While alone time is often needed to get our thoughts in order and get our minds centered, no one wants to be completely alone all the time. Social isolation can lead to a compromised immune system, a significantly higher rate of heart disease, and a 50% increased risk of dementia. [6] , [7] But social isolation was already a problem before COVID-19. Before the policies of self-quarantining became the norm, about 25% of people over 65 who lived independently were considered previously socially isolated; 43% of those over aged 60 reported feelings of loneliness. [8]

Let’s help seniors fight social isolation during quarantine. Here are some tips on how seniors can battle loneliness during the pandemic:

Interruption in Financial Health

Many seniors have had a major interruption in their financial health. Many businesses have temporarily or permanently closed down, laying off employees. With unemployment rates surging and no certain end in sight, seniors who rely on a steady paycheck to pay their bills have likely felt the economic crunch.

In addition, the stock market has been very volatile in recent months due to the economic effects of the pandemic. Seniors who once had a nice retirement fund may now find themselves with a depleted account. While younger folks may have time to wait out the stock market decline and hope for better days, those who need their investments now may see a poorer return on investment and a compromised retirement.

In an effort to prop the American economy up, the federal government passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act into law on March 27, 2020. The legislation included:

Interruption in Legal Services

Some seniors quickly realized the need for legal documents – a will, trust, Healthcare Power of Attorney, or living will. A will informs the court who the senior wants to inherit their property at their death. A trust is similar to a will in that it designates beneficiaries of property upon the senior’s death, but it also holds property during the senior’s life. A Health Care Power of Attorney designates who will make health care decisions for them in the event they are unable to. A living will delineates what the senior’s wishes are regarding certain types of care, such as life support.

But with some law offices closed down and the need to stay away from people, how would these seniors get these important documents? In addition, there are requirements that must be fulfilled when executing some documents, such as witness and notary requirements. How could these requirements be fulfilled?

For documents that simply need signatures but do not have a notary or witness requirement, besides the obvious snail mail, there was already a technological solution – documents can be signed via electronic means (e-signed). There are two acts that govern e-signing documents:

Both acts are substantially similar in what constitutes a valid electronic signature. However, UETA requires a disclosure of consent to conduct electronic business. Wills are expressly excluded in both of the above acts from being eligible for e-signing. However, this could be a solution for the execution of other documents, such as admission documents or fee agreements.

In response to COVID-19, many states enacted emergency orders, legislation, or rules that would allow for remote witnessing or remote notarization of documents. Some orders authorize one or the other; some authorize both; and some authorized neither. The acts that did authorize one or the other usually modified the presence requirement to allow for the inclusion of those who were present via audio-video technology.

For states that did not allow for remote witnessing or remote notarization, attorneys and their senior clients were left with the task of figuring out how to get these important documents in place. One solution was to mail the documents to the senior and have them execute the documents at a 3 ^rd party site that offers notary services – such as a bank or UPS. Another solution was to offer drive-up signings – the senior and any required witnesses would drive to the attorney’s location and the attorney would have a notary ready. All parties would execute the document while the senior could stay in their vehicle. A mobile notary was another solution. The mobile notary and any required witnesses could meet the senior in their front yard.

Conclusion

The far-reaching effects of CODIV-19 have likely yet to be seen. Seniors in particular are susceptible to the mortality rate of the virus. Because of this, many seniors have been under self- or government-imposed quarantine. For how long will this be the new norm? Will life ever return to the way it was?

It is important to help seniors battle social isolation, and to keep the interruptions in their community ties to a minimum. Be creative and figure out how to interact with seniors without putting them at risk of contracting the virus. Also help seniors minimize the interruption to their finances – help them figure out how to get their stimulus check, file for unemployment, or seek help with retirement planning.

It is also important for seniors to get their legal documents in order. Everyone needs to detail instructions regarding their health care wishes and who will carry out those health care decisions in the event they are incapacitated. Without these documents in place, a guardianship court proceeding may become necessary. This can be costly and time-consuming, and the court is in control of those decisions, not the senior. And of course, everyone should have a plan in place for their finances upon their death. Who does the senior want to inherit their property? Does the family even know what property the senior owns? Does the senior have any burial instructions? Hopefully the COVID-19 pandemic will soon come to a close with a medical breakthrough or by other means. All that will remain is the lessons that we have learned and the resolve to move forward. Let’s help seniors transition through this difficult time by strengthening family and community ties, decreasing the financial impact of the pandemic, and getting their legal documents in place.

[1] https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html

[2] https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/older-adults.html

[3] https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm

[4] https://www.cms.gov/newsroom/press-releases/cms-announces-new-measures-protect-nursing-home-residents-covid-19

[5] https://www.cms.gov/newsroom/press-releases/cms-announces-new-measures-protect-nursing-home-residents-covid-19

[6] https://www.bbc.com/news/health-21517864

[7] https://www.nytimes.com/2020/04/13/health/coronavirus-elderly-isolation-loneliness.html

[8] https://www.nytimes.com/2020/04/13/health/coronavirus-elderly-isolation-loneliness.html