Posts Tagged ‘garden city’

2011 SuperLawyers Both: Ellen G. Makofsky and Judith B. Raskin

I am honored to announce that I have been named one of the 2011 TOP 100 SuperLawyers and one of the 50 TOP WOMEN SuperLawyers in the New York Metropolitan area. This is the third consecutive year that I have received the SuperLawyers designation , second  time I have been named to the 50 Top Women Lawyers list but the first time I have been named to the Top 100 Lawyers.

Judy Raskin, my partner at Raskin & Makofsky, has also been named to the 2011 SuperLawyers list for the second consecutive year in the Elder Law category.  In fact, she is spotlighted in the SuperLawyers publication counseling other lawyers on how to create a client-friendly office.

The SuperLawyers list is created by peer nominations and recognition plus an analysis of the nominated lawyers background, credentials, experience, honors and awards. The final SuperLawyers selection represents the top 5 percent of lawyers in New York State.

We are very proud of the work we do at Raskin & Makofsky, and are honored to have both of our firm’s partners recognized in this way.

Family Health Care Decisions Act

Legislation was recently enacted to expand the possibilities for surrogate health care decision-making in New York State. The Family Health Care Decisions Act (FHCDA) allows family members or other persons close to a patient (health care surrogates) to make medical decisions for a loved one even if that person has not signed a Health Care Proxy.  While the Health Care Proxy has been available since 1991, allowing for appointment of a health care agent to make medical decisions for us, many residents have failed to execute Health Care Proxies. The FHCDA is helpful because it provides for the appointment of an agent to make medical decisions in the event someone is unable to make these decisions and has not executed a Health Care Proxy.

Long-term Care: The Middle Class Dilemma

Recently I gave the keynote address for the Annual Meeting of the Visiting Nurse Association of Long Island, Inc. I titled the presentation, “Long-term Care: The Middle Class Dilemma.” The dilemma for the middle class is having too much to qualify for Medicaid and other government benefits but too little to pay for care without spending down a lifetime of savings. Many think that as they get older Medicare will pay for all medical costs. This is a sorry fable. Medicare does not pay for the custodial care that long-term care requires.
Long-term care insurance is a good investment for those who purchase it early enough to make the insurance affordable. The problem for many is that the insurance becomes too expensive to purchase as the individual gets older or some pre-existing medical problem makes the individual uninsurable. So again it is a middle class dilemma. Recent legislative initiatives have tried to address the dilemma on the federal and state levels but none go far enough in finding a solution for the hard working middle class. Medicaid, a program originally envisioned as the medical safety net for poor people, is often the only option available for extended payments for long-term care needs. Medicaid eligibility often requires impoverishment.
It is the fear of losing a lifetime of savings if long-term care is required which sends many to seek the advice of an Elder Law attorney. Medicaid rules are complicated, often penalty periods are imposed, but generally the sooner one starts planning the better the result.
So how did this keynote address end after I had explained the difficulties of financing long-term care? I advised those present that there was one sure fire solution to the dilemma. Live a long and healthy life, enjoying everything along the way. Good advice for everyone!