New York Assisted Living: Legal Steps To Plan

When aging parents can no longer care for themselves or participate in activities of daily living without assistance, you need to consider assisted living options. Long-term care housing options can provide the support older people need to maintain their quality of life.

Long-term care is expensive, and eligibility for care programs is based on income. To understand your assisted living options and Medicaid planning, talk to a local New York elder law attorney.

Assisted Living and Long-Term Care Services

When it comes to helping clients choose an assisted living facility or long-term care facility for a loved one, Moriah Adamo is both an attorney and a de facto social worker.

“A large part of our work is social work. You’re typically dealing with a family in crisis,” says Adamo, an elder law partner at Abrams Fensterman in Lake Success, New York.

“They’re coming to you because someone in their family has experienced some sort of health care decline, like Alzheimer’s disease, that requires intervention of a third party to allow them to live safely in the community or in a facility. I always tell people, ‘You worry about making sure that the care your family member is receiving is the best.’ That’s their role — to take care of that person. Our role is to deal with all the bureaucracy.”

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Important Factors To Look for in Homes for Aging Parents

When looking for the right facility, Adamo suggests gathering as much information as possible via family and friends who have been through the senior living home process. Their main advice? Ask questions.

“Choosing an assisted living facility or nursing home can be a daunting task,” says Jaclyn Kramer, an associate at Futterman & Lanza in Smithtown. She lists off some of the important factors to consider in home care:

1. The location of the facility
2. The medical care needs of the potential resident
3. The availability of a bed
4. The type of accepted payment source
5. The staff-to-resident ratio
6. Security issues
7. The social environment
8. Health and safety inspection reports
9. Resident and family satisfaction

Comparing Assisted Living Communities

Kramer and others say a good way to compare care options online is with the Nursing Home Compare tool at medicare.gov. They also suggest visiting the facilities in person and carefully observing residents’ and their relatives’ behaviors, the interactions between caregivers and residents, and the facilities’ environments.

“A good facility should look and smell clean,” says Kramer. “The residents should be neatly dressed and participate in activities. The staff should interact with the residents in a friendly manner and be attentive to their needs. The environment — lighting, exits, furniture, equipment, temperature, handrails, et cetera — should appear and feel safe for the residents.”

Consulting with a Geriatric Care Manager

If you don’t feel qualified to make those judgment calls, there’s another option.

“I generally recommend that they meet with a geriatric care manager who can complete a clinical assessment and make a recommendation for an appropriate level of care,” says Lauren Mechaly, an associate at Rivkin Radler. 

“I always recommend the family visit the facility and consider not only the quality and level of care provided but also the population, the opportunities for socialization, proximity to family members or other loved ones, as well as any other case-specific factors.”

How an Attorney Helps in the Assisted Living Process

Part of the attorney’s job is to narrow down options for clients and assist with the admissions process. They also assist with financing options.

“The attorney determines if it’s a private-pay situation,” says Adamo, “and if so, for how long, and then makes sure that everything is in order to apply for third-party health insurance if necessary, including Medicaid.”

Find Legal Help for Senior Care

“Take time to do the legwork and look at the facilities recommended either by your elder law attorney or by a social worker or other resource,” says Mechaly. 

“Every person has different needs, and every facility meets those needs differently. It is important to find a place that, while not ‘home,’ feels as much like home as possible so that the transition is smooth. Do not be afraid to ask questions and ask for help. You are not in this alone.”

The cost of assisted living can quickly burn through retirement savings. Many people do not have long-term care insurance to help offset the costs of nursing home care. Planning ahead can ensure that older adults qualify for Medicaid programs to pay for home health care services or assisted living expenses.

Contact your local area agency on aging for assistance with independent living programs. Home and community-based services help older adults stay in their own homes. For legal advice and help getting financial assistance to cover the cost of care, talk to a local elder law attorney.