The Tricky Business of Aging in New York

As summer began to fade into fall, the NYWBA Elder Law and Disabilities Committee presented an informative program on “Tricky Issues in Elder Law and Best Practices For Resolving Them Outside of Court” at the elegant Apsley by Sunrise assisted living facility located on Broadway and West 84th Street in Manhattan.

Panelists from a cross-section of professionals involved in elder law and the elder caring professions considered the problem of a fictional elder as he faced difficult health care, financial and estate planning decisions.

We heard from members Sabrina Morrissey, Esq., host of the program and a co-chair of the Committee and a respected guardian and elder law attorney; Maria Galante, Esq., also an experienced elder law and trusts and estates attorney;  and mediator Marcy Einhorn, Esq. who specializes in facilitating family conversations around care and planning for an elder. We also heard from Diane Trunecek, Senior Care Consultant at Care Patrol and Lisa Albano, Principal at Your Life and Care.

The panel considered the hypothetical situation of “John,” an 82 year-old man who was never married and had no children and whose niece and nephews were becoming concerned about his situation based on their observations, as well as information they received from their uncle’s housekeeper.

Each panelist responded to questions about the elder’s situation that were posed by Sabrina, based on their unique professional expertise.

Mediator Marcy Einhorn, Esq. discussed how a facilitated conversation between the elder and his niece and nephews might help John and his family develop a care plan that everyone could participate in, on agreed terms.

Principle Lisa Albano explained how she advocates for the vulnerable elderly and builds trust with individual elders who might be facing a decline in independence and the need to consider adding some support services in order to maintain their safety and standard of living while aging in place at home.

Senior Care Consultant Diane Trunecek discussed John’s transition from home care into a senior living community and the free service that Care Patrol offers to help elders and their families identify appropriate living situations, with full disclosure about individual facilities’ licenses and quality of care.

Maria Galante, Esq., with Porzio Bromberg Newman, P.C., discussed John’s need for a comprehensive estate plan that would accurately reflect his needs while protecting his assets for late stage care and planning for him.

Sabrina Morrissey, Esq. explained what happens when individuals such as John refuse to execute health care proxies and powers of attorney while they are able to, and then face the prospect of a court-appointed guardian assuming responsibility for their well-being, both personal and financial.

Apsley at Sunrise Directors Morganne Montana and Diana Milan graciously provided a private conference room and light refreshments for the panelists and attendees.