Judith D. Grimaldi speaks at the NYSBA Elder Law and Special Needs Summer Meeting

Judith D. Grimaldi speaks at the NYSBA Elder Law and Special Needs Summer Meeting

This month, the New York State Bar Association’s Elder Law and Special Needs Section Summer Meeting invited Judith D Grimaldi to speak on:

New Developments in Elder Law: New Medicaid Eligibility Rules, Federal & State Legislative Changes, Recent Cases and Decisions of Interest, Administrative Pronouncements

               

View program

GRIMALDI & YEUNG LLP:
Phone: 718-238-6960
Brooklyn and Manhattan Offices:

9201 4th Ave, 6th Floor
Brooklyn, NY 11209

546 Fifth Avenue, 6th Floor
New York, NY 10036

80 Maiden Lane, Suite 304
New York, NY 10038
917-261-4514

This post is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.

CaringKind Alzheimer’s Walk — September 24, 2017

CaringKind Alzheimer’s Walk — September 24, 2017

Grimaldi & Yeung LLP will participate in this year’s CaringKind Alzheimer’s Walk!

Please join us on Sunday, September 24, 2017 as we gather together for a day full of remembrance, promise and hope!

WHEN:
The Walk will be held on Sunday, September 24, 2017
9:00 AM to 11:30 AM

WHERE:
Coney Island Boardwalk:
15th Street & Boardwalk, Brooklyn, NY

ABOUT THE CHARITY
On December 1, 2015, the New York City Chapter of the Alzheimer’s Association separated from the National Alzheimer’s Association, to return to their roots as a stand-alone, independent charity. The nation’s leading experts in Alzheimer’s care, education and support can still be found at 360 Lexington Avenue under the new name, CaringKind, The Heart of Alzheimer’s Caregiving.

 Plus: Team Grimaldi & Yeung will be invited to a post-walk lunch at a local Coney Island Restaurant.

If you are interested in donating and/or joining us for this cause, kindly visit Grimaldi & Yeung’s team page by clicking on the link below: https://give.caringkindnyc.org/index.cfm?fuseaction=donordrive.team&teamID=8945

Grab a Flyer

Your “Digital Diary” is an Indispensable New Tool in Your Estate Plan

Your “Digital Diary” is an Indispensable New Tool in Your Estate Plan

All of us spend increasingly more and more time on computers, smart phones and on multiple online sites where we communicate with our family, friends and work colleagues.  Perhaps you shop, pay bills, bank, manage investments, create and share information, photos, images and music, and enjoy other recreational pursuits online.  All of these communications, contacts and accounts, and even the fact that you use these sites, make up your digital life and are your “Digital Assets.” And it can be a great tool to help with your Estate Planning.
The following information comes from the book “5@55: The 5 Essential Legal Documents You Need by the Age of 55″, written by Grimaldi & Yeung Partners Judith D. Grimaldi and Joanne Seminara.

These Digital Assets may be saved blogs and photos, frequent flier credits and other items of value, such as domain names that could have monetary value.  Digital assets, such as photos, have sentimental value and historic family records may be even more important to you and your loved ones, especially in the event of sudden death.

Therefore, you need to provide a way for these assets to be catalogued, accessed, managed, protected, “given” to others and/or deleted if you die or become disabled.

Your Will and/or Trust and Power of Attorney needs to contain special language which gives your Executor and/or Trustee and the agent named in your Power of Attorney access to your Digital Assets. Without this special access language, these persons who are your agents may not have access.  That is because Digital Assets are subject to the Term of Service (TOS) Agreements the providers of these sites (i.e. Facebook, Google, American Airlines, LinkedIn, etc.) impose on all users.  Remember that box you are forced to check when you “log in” to a new site, stating that you agree to certain terms and conditions of use? These TOS agreements can restrict access to your Digital Assets by others, even if they are named as an Executor in your Will or your Power of Attorney agent. The special language provided in the documents our firm prepares for you, allows for this access by persons you have chosen and can override these site restrictions.

We have provided you with a copy of a “Digital Diary” booklet for your use as a way to provide your trusted agents with complete and updated information about the electronic sites you now use or will use in the future.  We urge to fill in and regularly update this easily amendable Digital Diary. The Diary can catalogue all of your electronic sites, listing each site’s user name and password for you and your trusted agent, Executor or Trustee. They will be able to access the information on these sites if you become disabled or die.

This Digital Diary may be accessed as a downloadable, fillable form on our website at www.gylawny.com.  We suggest that you download it, fill it in and amend it every time there is a change in your online sites or information needed to “log in” to each site.  Print, and as needed, replace a paper copy of this Digital Diary and retainer it in a safe location known to one or more of your trusted agents, and perhaps a spouse, partner, child or friend. The information in your Digital Diary should not exist solely on your computer.   If you bank on-line it is important that your agent or fiduciary know about the existence of your bank accounts or other monetary assets so that these assets may be used (as needed) to pay bills, and to avoid interest and penalties.

Please think of the Digital Diary as a starting point for creating your own unique catalogue of your electronic information.  If the Grimaldi & Yeung Digital Diary does not meet all your needs, we encourage you to tailor it by adding categories of online sites or information that may be particular to you.  For example, if a site requires you to answer security questions when you log in, you may wish to add the answers to these questions to your Digital Diary.  If you trade in Bitcoin or are involved in certain types of on-line activity for business or entertainment you may need to add more information to your Digital Diary.

We will not retain a copy of your Digital Diary in our files and you do not need to provide us with a copy of same.  We urge you to safeguard your Digital Diary as you would any other precious asset so that it does not come into the wrong hands and create a risk of fraud or identity theft.

Please Note and Consider:

  • Several on-line sites allow you to designate a person to access your account by registering that person with the provider. You can provide the on-line provider with specific directions regarding the identity of persons who are allowed to control your on-line presence. You may also be able to provide additional directions regarding the access to your account. This registration of a person for access or control will override any designation provided in your Will, Trust or Power of Attorney.
  • If you become disabled or die and an on-line account becomes dormant because its existence is unknown to your agent or fiduciary or he/she is unable to access it, this account may be vulnerable to identity theft.
  • If an Executor or agent is unaware of a bank account because he or she finds no paper record of said account, the funds in the account may be unknowingly lost and sent to New York State to be held as “unclaimed funds.”

Contact us at Grimaldi & Yeung LLP with your questions and ask for your free copy of the Digital Diary or download it now at www.gylawny.com. We look forward to hearing from you and helping you safeguard your digital life.

Additional resources provided by the authors, Judith D. Grimaldi & Joanne Seminara

GRIMALDI & YEUNG LLP:
Phone: 718-238-6960
Brooklyn and Manhattan Offices:

9201 4th Ave, 6th Floor
Brooklyn, NY 11209

546 Fifth Avenue, 6th Floor
New York, NY 10036

80 Maiden Lane, Suite 304
New York, NY 10038
917-261-4514

This post is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.

Elder Care Planning – As Your Family Member Ages – Your Family Can Plan

Elder Care Planning – As Your Family Member Ages – Your Family Can Plan

As your family member ages, health issues such as memory loss and lack of energy may emerge. Financial and debt can become more difficult. If your family member is beginning to experience a slowing down, here are some key warning signs they may now need you to begin elder care planning:

  1. Memory loss or dementia can lead to financial responsibilities being neglected. Watch for unusual spending patterns, not remembering which bills have been and have not been paid or overdraft/late fees. An inability to stay on top of routine banking is a first sign of mental slippage or possible cognitive issues. Unfortunately, scammers feed off of this pattern and may target your elderly family member, and steal from them.
  2. Start early and ask about your family member’s financial plan while they have the ability and desire to communicate effectively. Any preparations you can complete before will help, thus a good starting point is to review your family member’s financial situation, and create a plan.
  3. Designate one trusted individual to take charge of financial matters when needed. The choice should be as unanimous as possible. The goal is to ensure bills are paid on time, taxes are completed and the overall finances are up-to-date. Family transparency is crucial to make this work. The standard is always in the elder’s best interest.
  4. Ensure each asset is properly titled and has the beneficiary of your family member’s choosing, clearly designated. Suggest a meeting with a qualified attorney to make sure updates and changes have been made reflecting final wishes. A Trust may be the best comprehensive solution to holding assets.
  5. Establish automatic bill pay of routine household bills wherever possible. As memory loss persists, having automatic bill pay will ease stress and ensure debts are paid. Automatic drafts also leave a paper trail which can help you maintain order.
  6. If your family member is still financially independent, remind them often of money-related scams. Demonstrate how they can protect themselves from fraud. Give them examples and tips on how to resolve any potential risks.

Take time to talk with your parents about a plan of action regarding caregiving and financial matters. This will alleviate stress related to these issues. If you want help in getting these conversations on elder care planning started, please feel free to call Grimaldi & Yeung LLP at (718) 238-6960, and we can help begin your family member’s life plan.

The source of this article is from “Life Care Planning Today” by April Hill, Esq.

GRIMALDI & YEUNG LLP:
Phone: 718-238-6960
Brooklyn and Manhattan Offices:

9201 4th Ave, 6th Floor
Brooklyn, NY 11209

546 Fifth Avenue, 6th Floor
New York, NY 10036

80 Maiden Lane, Suite 304
New York, NY 10038
917-261-4514

This post is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.

Partner Judith Grimaldi recounts her trip to Amsterdam and Netherland’s Progressive Approach to Aging and Dying

Partner Judith Grimaldi recounts her trip to Amsterdam and Netherland’s Progressive Approach to Aging and Dying

By Judith Grimaldi, CELA, CAP

Published March 2017 at Naela.org

The NAELA Delegation to the Netherlands visits the government-run Dementia Village, learns about attitudes toward assisted suicide, and appreciates the culture of the Netherlands.

The NAELA Delegation to the Netherlands at the Village of Hogeweyk (“Dementia Village”).

On November 12, 2016, the NAELA delegation of 23 NAELA members gathered in Amsterdam, the Netherlands, to survey aging services in one of Europe’s most progressive countries. Amid the picturesque environment — which included a city of active working canals and waterways, bicycles in abundance, delicious cheese, and a free-spirited citizenry — we came to learn how they address their growing aging population. It seems they address it as they do everything in their lives, with industriousness, grace, and a buoyant activism. The country’s natural environment of being below sea level has developed a keen sense of inventiveness, vigilance, and order in the population as they strive to keep the always-present sea at bay. They bring this practicality and sensibility to their aging policies.

Dementia and Art Appreciation


Amsterdam’s Modern Art Museum gives docent-guided tours for individuals with dementia and their caregivers. Author Judith Grimalidi remarks that the group “learned to see how art appreciation transcends memory loss or cognitive impairment as colors, textures, and image remain constant.”

Our first visit was to the Amsterdam’s Modern Art Museum where we participated in a docent-guided tour geared for individuals with dementia and their caregivers that strived to engage all of our senses and our imagination in viewing the art. We learned to see how art appreciation transcends memory loss or cognitive impairment as colors, textures, and images remain constant. The person with dementia brings whatever he or she can to the experience as there is no right or wrong way to interpret art. People with cognitive impairment can enjoy art even if the ability to articulate what it means is limited. The Museum staff demonstrated how to use art to stimulate conversations with the dementia participant.

Their “Meet Me at MOMA” program has been operating for several years and is modeled after a similar program that operates in New York City’s Museum of Modern Art where guided sessions are offered weekly for persons with dementia, persons with disabilities, and their caregivers to give them full access to the museum. The museum considers this an important community outreach program and will provide “how-to” materials so it can be replicated in other community museums. The New York City and the Amsterdam MOMA programs serve as hubs for conversations on aging and creativity and each is a vital link for those who are interested in making art accessible to people with dementia. For more information on these continued efforts contact: accessprograms@moma.org.

Death and Dying


The Delegation meets with two NVVE staff members who are part of the assisted suicide group. In the Netherlands, assisted suicide is legal – and not just for those with terminal illnesses. From left, two NVVE staff members with Gayle Reeves, Jennifer Lile, and Judith Grimaldi.

Our group visited the ground-breaking NVVE Organization (Nederlandse Vereniging voor Vrijwillige Euthanasie — Netherlands association for voluntary euthanasia) where we learned about Holland’s efforts in the field of death and dying. The meeting was held in a 17th century townhouse previously owned by the founders of the East Indian Trading Company. The home fronted one of Amsterdam’s canals and was built on a gracious double lot with a full garden and a coach house.

In the Netherlands, assisted suicide is legal – and not just for those with terminal illnesses. In 2001, the Netherlands became the first country in the world to legalize euthanasia for patients who were suffering unbearable pain and had no prospects of a cure. At one clinic in The Hague, anyone with “unbearable suffering” can be given the relief they seek.

NVVE provides information, consultation, and education about euthanasia and assisted suicide in the Netherlands. NVVE lobbies and supports research and other initiatives related to self-chosen death. The organization’s motto is: “A dignified life deserves a dignified death.” NVVE is a society with a membership of 165,000 members and growing annually. In the Netherlands it is not an offense for physicians to perform euthanasia, provided they comply with the due care criteria specified in the Termination of Life on Request and Assisted Suicide Act and report each case after it has been carried out. In accordance with the due care criteria, the physician must, among other things, be satisfied that the patient’s request for euthanasia is voluntary and well-considered and that his suffering is unbearable with no prospect of improvement.

Euthanasia can be performed only at the patient’s own request, not at the request of relatives or friends. Physicians are not obliged to grant a request for euthanasia. A physician who does not want to perform the procedure should discuss this with the patient and may decide to refer the patient to another physician. The Act is only applicable to people who have a medical relationship with a physician who is subject to Dutch law. This means that people who do not reside in the Netherlands cannot apply for euthanasia or physician-assisted suicide under the Act. Their continuing organizational goal is the advancement of social acceptance and continued legal regulation of free choice for the ending a life.


Amsterdam street scene.

Recognition of free choice for the ending of life (and assistance thereby) as a human right has led to a new debate over a law proposed in October 2016. The proposed law would allow people who are not suffering from a medical condition to seek assisted suicide if they feel they have “completed life.” Proponents of the law counter that limiting assisted death to patients with terminal illnesses is no longer enough and that older people have the right to end their lives with dignity and at a time of their choosing. The speakers at the NVVE introduced this debate at our visit. The discussions were lively on the bus ride home as we reviewed how our states are gingerly beginning to accept the first level of physician-assisted suicide, but have a long way to go before we reach the level of consensus on the topic found in the Netherlands. NVVE welcomes inquires and can be contacted at www.nvve.nl or to our guest speaker at jaeverslag-eunthansia@nvve.nl.

Dementia Village


Judith Grimaldi stands at the sign for Dementia Village. The new Hogeweyk facility opened in December 2009, on four acres of land and consists of low, two-story brick buildings that house a supermarket, a theatre, workshops, a café, a bakery, a park, and an open plaza with a town square.

Our most memorable event of the trip was our visit to the Village of Hogeweyk, the pioneering facility for the elderly that specializes in the care of 152 residents with dementia. It is also known as the Dementia Village. Our private tour was led by the Director Eloy Van Hal, who explained the operation and financing of the Village, which is operated and owned by Vivium, a government owned not-for-profit group that manages nursing home facilities in Holland. The Village opened in 1992, when Yvonne van Amerongen and another member of staff at a traditional nursing home both had one of their own parents die. They were grateful that their elderly parents had not had to endure institutional care. After researching options, they decided that people generally prefer to be with other like-minded people of similar backgrounds and experiences. They used this approach at Hogeweyk, which groups residents with similar backgrounds to live together.

The new Hogeweyk facility opened in December 2009, on four acres of land and consists of low, two-story brick buildings that house a supermarket, a theatre, workshops, a café, a bakery, a park, and an open plaza with a town square. The construction of the facilities cost $25 million and was funded primarily by the Dutch government. The cost per resident is similar to more traditional nursing homes at around $8,000 per month, which is paid by the government. An individual living in the Netherlands can select this residence as a government-subsidized nursing home equivalent as it is funded on par with other more traditionally state-funded facilities. The out-of-pocket cost to the Dutch individual after the government subsidy will never exceed $3,600 per month.

The goal of life in Hogeweyk is to allow the dementia resident to live life as normally as possible in an everyday setting even though they are qualified for nursing home status. Housing is arranged in group homes for 6 to 8 persons who still perform household chores as they are able. The group plans their daily routine with the help of two on-site care givers who supervise and fill in the skill gaps. Washing, cooking and so on is done every day in all of the houses. Daily groceries are done in the Hogeweyk supermarket.

There are 23 free-standing households representing seven different “life-style” choices. People are grouped by their “like mindedness.” For example: Goois (upper class), homey, Christian, artisan, Indonesian, and cultural.

The homes are furnished around the time period when residents’ short-term memories stopped properly functioning because it helps residents feel as if they’re home. There are homes resembling the 1950s, 1970s, and 2000s, accurate down to the tablecloths.

Residents are cared for by 250 full- and part-time geriatric nurses and specialists, who wander the town and hold a myriad of occupations in the village, like cashiers, grocery store attendees, and post office clerks. Finances are often one of the trickier life skills for dementia or Alzheimer’s patients to retain, which is why Hogeweyk takes money out of the equation; everything is included with the family’s payment plan, and there is no currency exchanged within the confines of the village.


The group enjoyed lunch at the cafe in Dementia Village. The goal of life in Dementia Village is to allow dementia residents to live life as normally as possible in an everyday setting even though they are qualified for nursing home status. Residents of the surrounding neighborhoods are welcomed to use the shops and theatre in Dementia Village.

The village has streets, squares, gardens, and a park where the residents can safely roam free. Just like any other village, Hogeweyk offers a selection of facilities, such as a restaurant, a bar, and a theatre. These facilities can be used by Hogeweyk residents as well as by the residents of the surrounding neighborhoods. Everyone is welcome and while our group was there, we enjoyed a delicious lunch with our tour. We left inspired that there is a workable alternative to meeting the housing and care needs of the dementia patient that goes beyond the traditional and mostly unsatisfying nursing home option most of our clients face. The Vivium management offers to introduce this model to other countries to replicate what they have done in the Netherlands. There are currently similar villages in England, Switzerland, Canada, and Italy. For more information, contact: hogewey@vivium.nl.

Future Delegations — Let Us Hear From You

The Delegation trip also included a session at The Hague, a visits to traditional villages, and a boat trip across Holland’s largest lake, all ably coordinated by NAELA’s President Catherine Anne Seal and the planning committee, which is open to suggestions for future delegations to locations which can provide new and innovations in the aging policies. Contact naela@naela.org with your suggestion for future locations.

 

About the Author
Judith Grimaldi, CELA, CAP, practices elder law in Brooklyn, New York. She is a member of the NAELA Board of Directors.

 

GRIMALDI & YEUNG LLP:
Phone: 718-238-6960
Brooklyn and Manhattan Offices:

9201 4th Ave, 6th Floor
Brooklyn, NY 11209

80 Maiden Lane, Suite 304
New York, NY 10038
917-261-4514

546 Fifth Avenue, 6th Floor
New York, NY 10036

This post is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.