Estate Planning Guide: What You Need to Know - CAW

www.willsandestates.nyc

March 2022

1

SPONSORED INSERT: Estate Planning

Law Firm of Figeroux & Associates

Estate Planning Guide: What You Need to Know

INSIDE: •The

Importance of Estate Planning •What

Happens If You Die Without a Will?

•Bringing a Medical Malpractice Lawsuit Based on Misdiagnosis

•Estate

Planning, Wills and Trusts for Families with Special Needs Children •Do I Need a Living Trust?

•Nursing

Home Neglect and Abuse Are Very Real

VISIT WWW.CAWNYC.COM FOR THE LATEST CARIBBEAN NEWS, IMMIGRATION UPDATES, VIEWPOINTS, ENTERTAINMENT & MORE!LIKE US ON FACEBOOK @CAWNYC!

March 2022

www.willsandestates.nyc

2

SPONSORED INSERT: Estate Planning

The Importance of Estate Planning

BY JANET HOWARD

N

o one likes thinking about death, but sooner or later, we all need to make plans for the inevitable. Some people assume that their possessions will automatically transfer to their spouse or other family members if they die.

Unfortunately, this is not always the case. Estate planning offers some control over what happens to your assets in the event of your death, enabling you to ensure the right assets go to the right people.

What is Estate Planning?

Estate planning encompasses a range of measures that individuals can take to ensure their assets are distributed appropriately in the event of their death or incapacitation. Writing a will that specifies who gets what after someone dies is an example of estate planning. However, while most people are familiar with the concept of leaving a will, estate planning can involve a wide range of other activities. Most estate planning is conducted with the advice and supervision of an attorney. There are also estate planning advisers who aren't lawyers but can advise clients on the financial

side of estate planning.

Examples of common estate planning practices include: •Deciding how assets should be preserved, managed, and distributed after the owner's death or incapacitation and which assets should go where.

•Writing a will.

•Setting up trusts to hold or manage assets on behalf of beneficiaries.

•Making charitable donations and taking other measures to limit the estate's tax liability.

•Naming beneficiaries and executors.

•Making funeral arrangements.

Why do you need a Lawyer to Assist with Estate Planning?

Technically, you don't have to have a lawyer to assist you with estate planning. However, unless you happen to have the qualifications yourself, working with a lawyer is strongly recommended. Estate planning can be simple or complex, depending on the estate in question, but it is always a serious undertaking. If there are any problems with estate plans, they often won't become apparent until they are executed after the estate owner's death.

While many of the strategies and instruments available for estate planning are the same across the US, each

state has its own rules regarding who can and can't serve as a personal representative. In cases where the beneficiaries of an estate reside or the nominated personal representative of the deceased are in different states, things can become more complicated.

To ensure that everything proceeds smoothly, you should hire an experienced lawyer with estate planning experience. Estate planning lawyers will know the relevant state laws inside and out.

Working with an attorney to formulate a plan for your assets after your death will give you and your beneficiaries peace of mind that everything is in place and your plans are indisputable. They will work with you to ensure all the necessary documentation is available, utilize the most suitable financial instruments to achieve your objectives, and ensure the wording and procedures you use will stand up in court.

But perhaps the most compelling reason to make your plans under the supervision of a lawyer is that you will minimize unnecessary expenditures. If there are any issues with your estate plan or the documents you submit, your beneficiaries could end up drowning in legal fees. continued on page 3

VISIT WWW.CAWNYC.COM FOR THE LATEST CARIBBEAN NEWS, IMMIGRATION UPDATES, VIEWPOINTS, ENTERTAINMENT & MORE! LIKE US ON FACEBOOK @CAWNYC!

www.willsandestates.nyc

March 2022

3

SPONSORED INSERT: Estate Planning Importance of Estate Planning/ continued from page 2 out a will in place, your assets will most likely be distributed according to local state laws or left in the hands of a judge. As well as indicating how you want to distribute your assets, a will can also specify your wishes regarding the care of minor children and other similar issues.

It is a common misconception that only those with significant assets need to bother with a will. Even if you have minimal assets to distribute after your death, there are many reasons why leaving a will is a good idea. For example, you can ensure that any assets you leave behind are distributed to the right people and, just as importantly, kept out of the hands of those you don't wish to pass them on to. Wills are also crucial for settling issues regarding childcare.

Wills are a core component of any estate planning strategy, but not all wills are created equal. Some types of will, such as oral wills expressed in front of witnesses, aren't widely recognized by US courts. The most effective kind of will is called a testamentary will. Testamentary wills are the type that most people are familiar with; the testator puts their wishes in writing, and witnesses sign the document. If you produce a testamentary

will under the supervision of an attorney, it will be very difficult for anyone to challenge it in court after you die successfully.

Wills are commonly used alongside trusts to distribute assets to beneficiaries. By utilizing both mechanisms, you can set conditions for the distribution of your assets while minimizing your beneficiaries' tax liabilities.

Each trust usually only holds specific assets, such as a piece of property.

They are frequently used to hold or manage assets on behalf of underage beneficiaries. Once the recipient is able to manage the assets themselves, they can take possession of the trust and the associated assets.

icance when a child with special needs is involved. Estate planning isn't just about dividing financial assets; it's also an opportunity for parents to ensure their children receive the appropriate type of care when they're gone.

If the child is likely to receive government benefits, their parents can establish a "special needs trust" for them as part of their estate planning.

These trusts need to be drafted carefully to ensure they don't affect the child's eligibility for government benefits. The idea is that while the government benefits cover the recipient's basic needs, the trust provides funds for other trips and activities.

How Estate Planning Can Provide for Those with Special Needs Estate planning is always important, but it takes on an even greater signif-

What Happens When Someone Dies Without a Will or Estate Planning?

If someone dies without a will, they are said to have died "intestate." This

can create numerous problems for the deceased's heirs. Without a will to specify how an estate should be divided, the estate goes into probate.

Probate is a legal process in which a probate court determines who inherits what according to state law. The probate process can take anywhere from a few months to a few years to resolve, depending on the complexity of the estate.

In most cases, intestate succession laws are used to determine who inherits an estate in probate. These laws differ from state to state, but most states will split the estate between the deceased's spouse and children if there are any. If the deceased is single and has no children, the state will determine which relatives should inherit their assets.

In most states, only certain people can inherit assets under intestate laws. These are usually limited to spouses and registered domestic partners and blood relatives.

Estate planning is vital for anyone who wants some degree of control over the distribution of their assets after they die. Dying intestate can create significant stress and tension among surviving heirs and spouses.

You should always work with an estate planning lawyer to ensure that estate planning is thorough and robust.p

VISIT WWW.CAWNYC.COM FOR THE LATEST CARIBBEAN NEWS, IMMIGRATION UPDATES, VIEWPOINTS, ENTERTAINMENT & MORE!LIKE US ON FACEBOOK @CAWNYC!

www.willsandestates.nyc

March 2022

4

SPONSORED INSERT: Estate Planning

What Happens If You Die Without a Will? final wishes, which may include instructions for your desired funeral arrangements and interment, the distribution of personal items of great sentimental but minimal monetary value, or your choice of a guardian for your young children.

Without a doubt, dying without a will robs you of your right to have a say in the settling of your affairs and creates unnecessary hardship for those closest to you, as they are left to deal with the legal technicalities on their own.

BY MARY CAMPBELL

Y

ou know you should make a will, but you never seem to be able to drum up much enthusiasm for the idea. It seems like a big, complicated pain-in-the-butt undertaking and you’re not planning on dying anytime soon anyway. You know that lawyers cost a fortune, and who knows if you really can legally use one of those online will kits? Differing opinions abound. So, you wonder, what does happen if you don’t make a will?

Can the government really take all your possessions that the bank doesn’t already own most of?

The short answer is probably not.

Unless you are truly completely alone in the world with no blood ties whatsoever, there is likely a relative somewhere that is eligible to inherit, if they can be found. In fact, British television has aired a program called Heir Hunters, which is described as “a series following the work of heir hunters, probate detectives looking for distant relatives of people who have died without making a will”. In the U.S., private investigation firms will attempt to find a potential heir, but someone presumably must hire them before they will begin to look. Of course, if the estate is

large, anyone may undertake to find lost relatives in hopes of receiving a commission for the information from a grateful heir. In the end though, it is possible that if an heir cannot be found after a reasonable length of time has passed, then yes, eventually your estate will escheat (pass) to the appropriate governing body.

However, for an average individual with no shortage of relatives in line to legally inherit your worldly goods, the application of the relevant inheritance laws certainly doesn’t mean that your estate will be distributed in a manner that you would approve of. Intestacy (the legal term for dying without a will) laws vary widely, depending on where you live. Your spouse, for instance,

may find that the laws of your state are not altogether favourable to him or her when you have children involved, perhaps from a previous marriage.

Common law and same sex partners may or may not be recognized as eligible to inherit. A close relative you cannot stand the sight of may be first in line if you have no spouse or children.

Read our informative website at www.willsandestates.nyc Finally, it is important to note that in addition to the disposition of your estate, regardless of the value, your will also functions as the vehicle through which you will make your final wishes known. You will appoint a trusted executor/executrix to a position of authority to administer your

Changes in Tax Laws It can be hard to stay up-to-date on constantly changing tax laws, but it’s necessary to keep your final document in good legal standing. Especially if your will takes actions to address estate tax issues, it’s a good idea to receive periodic reviews by an attorney.

Ask for Advice A will is your ironclad way to disperse your assets to loved ones as you wish.

Don’t be afraid to ask your legal expert for advice on other moments that may benefit your last will and testament.

Remember, this document is incredibly important to keep accurate as it articulates your vision and solidifies your legacy.p

VISIT WWW.CAWNYC.COM FOR THE LATEST CARIBBEAN NEWS, IMMIGRATION UPDATES, VIEWPOINTS, ENTERTAINMENT & MORE! LIKE US ON FACEBOOK @CAWNYC!

www.willsandestates.nyc

March 2022

5

SPONSORED INSERT: Estate Planning

Bringing a Medical Malpractice Lawsuit Based on Misdiagnosis

BY LINDA NWOKE

M

edical malpractice is the third leading cause of death in the United States.

According to a study carried out by Johns Hopkins University, over 250,000 people die yearly from medical errors and negligence.

Additionally, the American Medical Association, every one in three clinicians gets sued at least once throughout their career. Over 90% of physicians face at least one lawsuit before 65 years, especially those specializing in surgery. Healthcare lawsuits can emanate from a clinician's failure to treat, cause childbirth injuries, errors in prescription drugs, delayed diagnosis or misdiagnosis, or surgical errors, to mention a few.

The Impact of Misdiagnosis Many medical malpractice lawsuits often come from misdiagnosing, delayed diagnosis, or non-treatment of a medical condition, illness leading to dire results or injury.

Consequently, a patient's condition can significantly depreciate and even lead to death. An example of such a case happened to Frank. He first noticed a swelling at his elbow twenty months ago and reported the concern to his primary physician.

However, the swelling was not accurately diagnosed until it became too late and had become malignant, leading to his death in less than a year.

Experts report that over 13 million people are misdiagnosed yearly with cancer. Researchers from The John Hopkins Hospital report misdiagnosis of at least one out of 70 cancer-tested samples tested. According to the Institute of Medicine, over 96,000 patients die yearly due to medical mistakes. These costly errors cost peace of mind and finances.

Take Brooklyn resident *Ms Brown, ( full name not given for privacy) who reportedly learned about her throat cancer diagnosis last minute. Brown, who was 38 at the time, says that she was just a few hours away from having a scheduled throat operation when a second biopsy revealed the diagnostic error. Despite having undergone sleepless nights and untold psychological distress, she was too relieved with the news.

Interestingly, a mistake in diagnosis is considered insufficient for a medical malpractice lawsuit.

Medical Malpractice Lawsuits in New York Between 2009 and 2018, New York recorded over 16,000 medical malpractice reports, one of the most extensive amounts in the country, according to the National Practitioner

Data Bank (NPDB), followed by California and Florida. According to the same source, the empire state also had the highest (over $7 billion) total medical malpractice payments compared to other states.

So, what are the factors to be considered in proving negligence in a medical malpractice case?

There are three main factors to be considered in judging if a medical doctor can be held liable for misdiagnosis. As earlier mentioned, the law does not hold doctors legally responsible for all diagnostic errors.

Instead, patients must prove three things in a medical malpractice lawsuit based on a wrong diagnosis: •A breach in existing care-relationship: fundamentally, every medical doctor has a duty of care towards their patient, exhibited in the doctorpatient relationship.

Thus, a complainant or the plaintiff will have to prove a breach of duty (that the doctor (defendant) failed to abide by the expected duty of care.

The doctor was negligent, thereby not providing treatment reasonably skillful and competent.

•Secondly, they need to prove that the breach in duty caused or led to medical harm or damages to the patient.

•And finally, the damages have/led to financial, psychological, and physical consequences, meaning that the doctor's negligence resulted caused actual injury to the patient.

Addressing the Doctor's Negligence The plaintiff or patient must establish that the doctor's competence is questionable. At one time or another, any skillful doctor would commit diagnostic errors irrespective of their years of practice. This can result from various factors that make a misdiagnosis or delayed inadequate diagnosis evidence of negligence, which shifts the focus to the issue of 'competence.'

For a negligence case, there is a need to evaluate the process followed by the doctor to reach a diagnosis. The systemic identification method is called the "differential diagnosis"

method. Doctors use it to identify a condition and decide on the treatment option for the patient. The method involves testing out the various probable diagnosis and then eliminating them based on test results. The doctor might start with an initial diagnosis. Then, he can proceed by requesting another round of tests to reach a final working diagnosis. Thus, a diagnosis is achieved based on a combination of detailed questions about symptoms, medical history, and tests results or, in some cases, referrals to specialists.

However, in a medical malpractice case based on diagnostic error, the patient will have to prove the following: •Demonstrate that the doctor did not include the correct diagnosis on the differential diagnosis list.

•Secondly, if another competent and equally skillful doctor had handled the case, the latter would have identified the correct diagnosis. In this scenario, the doctor made the correct diagnosis using the differential diagnosis list from the onset.

•However, the doctor failed to gather the necessary evidence by performing appropriate tests or seeking a second opinion from experts to investigate the new diagnosis.

Sometimes a doctor's failure to accurately diagnose a condition can rely on inaccurate results from laboratory tests.

An inaccurate diagnosis can be a result of faulty equipment or human error. For instance, a technician might use the wrong procedure, carry out the test inappropriately, or record incorrect samples.

Samples can also become mixed up, contaminated, or a pathology slide can be wrongfully read. All of these scenarios can compromise the result.

Although, the doctor in such instances might not be held liable for such an error However, the patient must prove that the error was due to negligence.

Need to Proof that The Misdiagnosis Caused Harm to the Patient Another element considered is a

patient's proof that the doctor's misdiagnosis or delayed diagnosis from negligence resulted in the harm, injury, or the progression of the condition beyond where it would have been. In a situation where the diagnosis was accurate and done in a timely.

They also need to prove that the condition's progression hurt treatment or general outcome. For example, because of a delayed ulcer diagnosis, the patient had to undergo surgery to cut off a perforation that was avoidable.

Occasionally, when a doctor mistakenly diagnoses a patient with an illness or condition that the patient does not have, the patient may be able to prove harm in the form of psychological trauma, pain, suffering, and wasted resources to treat a non-existing illness.

Next Steps in Filing a Medical Malpractice Lawsuit The following summarizes some of the steps to implement in a medical malpractice case.

1.Raise your concern with the medical professional involved To start a case, you must contact the doctor before filing a claim. Endeavor to understand what may have gone wrong and aim for a settlement which can be in the form of a correction or providing a solution.

2. Contact the appropriate medical licensing board This takes the issue a step further if the initial approach fails. Find out the governing board for the doctor's or medical professional's practice. They can provide vital guidance on what to do.

3. Contact an attorney and discuss the merit of your claim.

Experience matters. Call the Law Offices of Gigeroux & Associates at 855-768-8845 or visit www.askthelawyer.us to schedule a consultation.

4. Find out what the law says Confirm the statute of limitation on your civil claim in your home state, research the state law on medical malpractice claims.

5. File a certificate of merit This requires the opinion of another expert to validate your concerns .

6. Consider settling out of court This saves time and money as most civil claims, including a medical malpractice lawsuit, requires many resources. p

VISIT WWW.CAWNYC.COM FOR THE LATEST CARIBBEAN NEWS, IMMIGRATION UPDATES, VIEWPOINTS, ENTERTAINMENT & MORE! LIKE US ON FACEBOOK @CAWNYC!

March 2022

www.willsandestates.nyc

6

SPONSORED INSERT: Estate Planning

Estate Planning, Wills and Trusts for Families with Special Needs Children

BY JANET HOWARD

W

e all want to live long, healthy lives filled with happiness. No one wants to think about contingencies for if the worst might happen. However, if something unfortunate happens, you want to make sure your loved ones will have the right care and financial resources. This is even more essential for those families who have children with special needs.

Thinking about estate planning, wills and trusts can cause stress. The complexities of retirement plans, taxes, life insurances and medical care can overwhelm anyone. But it's best to face the hardship of getting your affairs in order now, especially while you are healthy and thinking clearly.

You don't want to leave these crucial decisions to a friend, loved one, or judge-appointed representative.

No one knows better than you how to care for your child. Make sure that they always receive the best support by setting up the proper plan now.

Estate planning, wills and trusts can bring about a lot of unknowns and complexities. In this article, we will break down the essential steps you need to take to create an effective plan for the proper care of your child.

Set Small and Manageable Goals Putting everything in order for when you're gone can feel overwhelming.

It's hard to know where to start or how to reach out for help. Most parents already feel run down by the hustle and bustle of modern life.

When you're a parent of a child with special needs, you also devote a lot of time to caregiving.

Where do you find the time to tackle a project like this? By taking it one small step at a time with manageable goals. It will amaze you how much you can get done using this strategy.

Soon, you won't feel intimidated by things like retirement plans, life insurance policies, complexities of tax laws, and special-needs trusts.

Planning for something like this is an enormous task, so ask for help when you need it.

Recruit Help from the Right Experts Start by finding the right legal counsel for sound advice. Lawyers who specialize in special-needs trusts can help you understand the ins and outs of these unique situations. They can also offer expert help in drafting all the right documents.

Another must-have team member is the right financial advisor. Seek an advisor who has specific training in helping families of children with special needs. You'll want to look for the chartered special-needs consultant (CHSNC) designation. To find a financial advisor with this type of training, try searching on The American College of Financial Services.

If you set up a special-needs trust, you will need to designate someone as the trustee. This is the person who has total control over the trust. It is essential you designate someone you know can fill this vital role. If you are not sure whom to designate as the trustee, consult with your lawyer and financial planner for advice.

Get Organized and Stay Up-to-Date When tackling something like estate planning, wills, and trusts, you will need to gather a lot of essential information on yourself and your child/children.

The following list provides some helpful starting points but is not allinclusive: •Personal Information (birthdates, Social Security numbers, birth certificates) •Emergency Contacts (names and phone numbers) •Medical Providers (names and contact info.)

•Medical History (including medications and allergies)

•Medical Insurance (policy numbers) •Financial Information (retirement plans, life insurance, other sources of income) •Attorneys (names and contact info.)

•Financial Advisor (name and contact info.)

•Banking Information (account numbers, safe deposit box keys) •Accounts and Passwords (for all the above) Your attorney and financial advisor will help you round out the rest of the essentials.

Once you have everything organized, you need to decide where to store it. Do you want to use a traditional filing cabinet or go digital?

Other options are a personal safe or a safe deposit box in a bank.

Whichever you choose, make sure your designated trustee has the keys and passwords to access this vital information.

Update this information as needed.

You may change your mind about certain details a few years from now or change passwords to certain accounts. Make sure your appointed trustee always has the most up to date information.

By getting everything organized and stored in one location, you will save your trustee, friends, or family members weeks or months of headaches in tracking this information down.

Essentials You Need to Know About a Special-Needs Trust One of the most important things to know about a special-needs trust is that it will allow your child to remain eligible for public assistance like Supplement Security Income (SSI) and other programs. If you leave your assets directly to your child instead of in a special-needs trust, those assets can disqualify your child from public assistance programs.

The same goes for grandparents or other family members. If they plan to leave any assets to your child after they pass, make sure they have those assets go to the special-needs trust, not directly to your child.

The reason for this is that a specialneeds trust is treated as separate from the disabled individual. When you set up a special-needs trust as part of your estate plan, you want all assets to be held within that trust.

Another critical component to understand about a special-needs trust is IRA retirement plans. You cannot directly assign the payout of your IRA to go into a special-needs trust. You can, however, name the special-needs trust as the beneficiary of that IRA. The same can go for life continued on page 7

VISIT WWW.CAWNYC.COM FOR THE LATEST CARIBBEAN NEWS, IMMIGRATION UPDATES, VIEWPOINTS, ENTERTAINMENT & MORE! LIKE US ON FACEBOOK @CAWNYC!

www.willsandestates.nyc

March 2022

7

SPONSORED INSERT: Estate Planning

Do I Need a Living Trust?

Special Needs Children/ continued from page 6

BY CHRIS TOBIAS

E

veryone has heard of wills.

However, how many know about living trusts. So what exactly is a living trust you may ask.

Put simply, it is a written legal document that partially replaces a will.

Will you need one though? That’s the question many people find hard to answer.

Unless you have assets or children, living trusts are probably not the best option. However, if you have significant assets, living trusts allow you to remain in control of your assets and manage them according to your wishes. You an also name a secondary trustee should you not be able to manage them yourself. Anyone with simple estates, or that wishes to have court supervision over their assets and accounts should not consider a living trust either.

One major advantage of living trusts is the absence of court interference.

With wills, court supervision and approval is required. Being able to control one’s own assets is appealing.

Face it no one likes dealing with court officials especially after a death. There are no arguments as to who has control of your assets or your will. You

will normally be the trustee of your own living trust with a secondary trustee named in the event your become incapacitated.

Should you die, your name successor will manage the trust according to your wishes. No lawyers will be involved which save every one left behind time and money. It is important to discuss the planning of a living trust with a lawyer to better understand how it works. If you name the wrong person as the trustee, you may be taken advantage of. A lawyer can provide guidance so you make the right choices. Remember, no court or judge to come to your defense with a living trust.

You should still have a will with a living trust. This is especially important when children are involved. A will can serve to name their legal

guardian. Also, your will contains any assets not listed in your living trust. It is always best to have all your bases covered.

Some benefits to living trusts include protecting property for beneficiaries, reducing or eliminating taxes, managing property while incapacitated, avoiding probate, avoiding a will contest, and privacy. When looking at all the benefits and the ease of setting up a living trust, the biggest question is why shouldn’t you have a living trust?

Always consult a lawyer or other similar professional before setting up a will or living trust. They can answer any questions you have and clear up any confusion. It is always best to have all the facts before creating a will or living trust. When everything is set up correctly, that is one less thing to worry about later on.p

insurance policies.

By doing this, withdrawals from your IRA retirement plan will go into the special-needs trust over your child's life expectancy. There are other considerations like the tax advantages of Roth IRAs, but it is best to go over these details with your financial advisor.

Final Thoughts Setting up an estate plan for your child with special needs can seem like an insurmountable task.

However, by following these steps, you can put the right plan in place for the benefit of your child. You can rest easier knowing they will have the care they need after you're gone.p

VISIT WWW.CAWNYC.COM FOR THE LATEST CARIBBEAN NEWS, IMMIGRATION UPDATES, VIEWPOINTS, ENTERTAINMENT & MORE! LIKE US ON FACEBOOK @CAWNYC!

www.willsandestates.nyc

March 2022

8

SPONSORED INSERT: Estate Planning

Nursing Home Neglect and Abuse Are Very Real

BY MARY CAMPBELL

T

he United States Census Bureau estimates that within three decades those persons age sixty-five or older will make up 20% of the population, i.e., an estimated 60 million persons. As the "baby boomer" population ages, more people will reside in nursing homes.

So the problem of nursing home injuries and abuse, unfortunately will likely see a corresponding surge, and it will become more and more important to recognize and report any incident where a nursing home resident has been harmed.

What Is Nursing Home Abuse and Neglect?

While nursing home neglect is similar to abuse in the nursing home, there are key differences among the two.

Nursing home abuse implies that the caregiver intends to harm the elderly person, while nursing home neglect is a form of substandard care, or a breach of duty, that causes harm to the patient.

An Increasing Problem A study conducted and documented a few years ago by the National Center on Elder Abuse (NCEA), researchers revealed that 44% of the nursing home residents surveyed stated they had been abused or maltreated in the previous twelve (12) months. That same survey found that 95% of those surveyed had either witnessed instances of neglect or had suffered neglect during that same time period. Unfortunately, similar studies documented by the NCEA estimate that only one out of every 24 instances of nursing home abuse is reported.

What Are the Warning Signs?

The Administration on Aging states that depending on the nature of the abuse or neglect, there are a number of warning signs that may indicate that abuse or neglect is occurring.

These may include: Physical or Sexual Abuse •inadequately explained fractures, bruises, welts, cuts, sores, or burns •unexplained sexually transmitted diseases

Financial Exploitation •lack of affordable amenities and comforts in an elder’s home •giving uncharacteristically excessive gifts or financial reimbursement for needed care and companionship •a caregiver has control of an elder’s money but fails to provide for the elder’s needs •an older adult has signed property transfers (power of attorney or will, for example) but is unable to comprehend what the transaction means Emotional Abuse •unexplained or uncharacteristic changes in behavior, such as withdrawal from normal activities, or unexplained changes in alertness •caregiver isolates the elder (doesn’t let anyone in the home or doesn't let visitors speak to the elder) •caregiver is verbally aggressive or demeaning, controlling, or uncaring Neglect •lack of basic hygiene or appropriate clothing •lack of nutritional food •lack of medical aids (e.g., glasses, walker, dentures, hearing aid, or medications) •person with dementia left unsupervised •person confined in bed is left without care •home is cluttered, dirty, or in disrepair •home lacks adequate facilities (stove, refrigerator, heating and cooling, plumbing, or electricity) •untreated bed sores or pressure ulcers

A Worker’s Experience Workers’ World Today spoke with Arlene (name has been changed for privacy) about her experience as a home health aide and nursing home caretaker. She had this to say, ”Homecare is a pleasure; taking care of someone is a great incentive for me. My last case with an elderly Jewish lady, a doctor comes to her home. He has no recollection of her mental health and just provides medication to her, day on, day on. A sore broke out on her while I wasn’t there; the other two home attendants did not attend to it. ...The other Sunday, when I got there; I reported the case immediately. My nurse was so surprised that the two other home health aides did not make a call. And I let her know that these are the people that we are hiring who only want money and do not care about the lives they are supposed to take care of....And lives have been deteriorating under the hands of person who are supposed to care for them. I have been doing this job from since 2000.

I've been doing this for a while and I have seen the changes and this is about making money; it’s a hustle, it’s about making a quick dollar. I would like to see a change. It is a suicide you are creating ... you’re killing that person's life instead of making that life enjoyable, until they're ready for the Lord to take their life.

son, Benny Gomez, says his mom was assaulted and posted a picture of his bruised and injured mother on social media, which has been shared nearly 9,000 times.

“What does she mean to me?

Everything," Gomez said. He added, “She has double fractures in her face," he said. "Her nose is broken. She has stitches."

Eyewitness News met the heartbroken, shaken and angry son with his attorneys, days after his mother was rushed to the hospital from the Westfield Center Nursing Care facility in Westfield.

State officials and police are trying to figure out how an 86-year-old nursing home patient in New Jersey ended up with severe injuries to her face.The Department of Health and Westfield police are investigating, so no charges have been filed. Gomez's mother has not been returned to the facility.

In the News According to an article on www.abc7ny.com on September 26,

by Toni Yates, an 86-year-old woman was assaulted at a nursing home as reported by her son. The patient's

Legal Help If a family member or someone you know, has suffered abuse or neglect, help is available. Call the Law Office of Figeroux & Associates at 855-7688845 for a consultation.p

Researching Nursing Homes While there’s no way to know about abuse that goes unreported, one can look up the name of a nursing home in federal inspection data and see whether it has been cited for sexual abuse or other issues in the past three years.

This can be done at www.medicare.gov/nursinghomecompare/search.html

ADMINISTERING & SETTLING ESTATES "The Law Firm of Figeroux & Associates was founded to serve our clients, but also to contribute to the greater good."

- Figeroux & Associates

To schedule an appointment or refer a client, call 855-768-8845 VISIT WWW.CAWNYC.COM FOR THE LATEST CARIBBEAN NEWS, IMMIGRATION UPDATES, VIEWPOINTS, ENTERTAINMENT & MORE! LIKE US ON FACEBOOK @CAWNYC!