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09/28/2009

IMPORTANT INFORMATION ABOUT POWER OF ATTORNEY IN NEW YORK STATE

1.  If you have a Durable Power of Attorney, fill out a new form as soon as possible and write in “Power to create and fund trusts," if you have not already assigned this power in your existing form.  If you do not assign this power, your power of attorney will likely not be able to establish a pooled income trust or an asset trust if you are incapacitated and need to create such a trust in order to get Medicaid benefits. 

2.  When filling out a new Power of Attorney form, use the new New York Statutory Short Form Power of Attorney, issued on July 28, 2009.  Power of Attorney forms signed after September 1, 2009, must be this new form in order to be valid and recognized (form and addendums attached).
 

For help in filling out a new Power of Attorney form, see an elder law attorney, a geriatric care manager or social worker or case manager with an agency that serves the elderly and their family members.

Elder law attorneys, geriatric care managers, social workers and case managers: It is urgent that you advise your elderly clients who have not yet filled out Power of Attorney forms to do so, to use the new form, and to write in the “power to create and fund trusts” in the new form if this power is not explicitly listed on their existing power of attorney forms.  

New-York-Statutory-Major-Gifts-Rider-Form

New-York-Statutory-Short-Form-Power-Of-Attroney

New-York-Suggested-Modifications-To-Major-Gifts-Rider-Form

New-York-Suggested-Modifications-To-Statutory-Short-Form-Power-Of-Attorney

 

Posted at 03:21 PM in Legal Planning |

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    CommunityGeriatricCare@gmail.com

    Phone 917-685-2687 Fax 212-564-7517

    Community Geriatric Care Management
    115 West 30th Street, Suite 500A
    New York, NY 10001

What we do

  • We work with older people, their family members and their communities.

    We help those who are frail continue to live at home.

    We help those who are homebound continue to be active in their communities.

Who we are

  • Roy Herndon Smith, PhD, coordinator of Community Geriatric Care Management, has:

    Worked with family members caring for home-bound older adults for over 7 years

    Practiced, supervised and taught community organizing, psychotherapy, pastoral counseling and meditation for 35 years

    Written The Mutuality of Care and numerous articles about care, counseling, religion and mourning

We help

  • Older people who live in New York City and their families

    Plan for how to maintain the quality of their lives when they become frail

    Secure and supervise the home care and other services that allow them to stay in their homes as long as possible

    Obtain government benefits and entitlements to help pay for home care and other medical needs

    If needed, find quality assisted living and nursing facilities

    Reduce the stress of living with illness, mourning or caring for someone who is homebound

    Strengthen the networks of family members, friends, neighbors and professionals necessary to secure their wellbeing

    Religious communities and other associations

    Identify isolated and frail people

    Value their wisdom and skills

    Increase their participation

    Meet their needs

    Maintain the intergenerational ties that make communities and individuals strong, healthy and compassionate

    Professionals and agencies

    Build community support for frail and homebound people

Free services

  • 1. If we receive a completed Medicaid application that we approve and, if necessary, an application for a pooled income trust, we will set up Medicaid-pending home care with the same agency that will continue to provide home care once Medicaid is approved. Clients will thus not have to pay for home care while waiting for Medicaid to be approved and will not suffer the disruption of having new aides from new home care agencies once Medicaid is approved.
  • 2. We will provide trainings for social workers, family caregivers and others about how to complete Medicaid applications and join pooled income trusts.

Educational programs

  • • It Takes a Community
  • • If You Need Medicaid, You Can Get It
  • • Joining A Pooled Income Trust
  • • Community Organizing with the Frail Elderly and Those Who Care for Them
  • • Using Meditation to Change Stress Into Compassion