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The Right To Die

long island attorneyThere was a recent case in Long Island, New York concerning issues surrounding “the right to die.” Sungeon Grace Lee, age 28, decided her life was no longer worth living. She advised her doctors she wanted to end her life by cutting off the life support system keeping her alive. Her parents, who are deeply religious, vehemently opposed their daughter’s wishes

Tumor On Her Brain

Ms. Lee had a tumor on her brain stem. She had been suffering from seizures. During one of her seizures she was rushed to North Shore University Hospital in Manhasset, New York. The seizure left her paralyzed from the neck down. At that time, she was hooked up to a life support machine that allowed her to breathe.

Parent’s Sue To Keep Daughter Alive

Ms. Lee’s mother, Jin Ah Lee, and her father, Man Oh Lee, a Pastor of the Antioch Missionary church in Flushing, Queens, were both deeply religious people. They retained an attorney and obtained a restraining order preventing their daughter from ending her life. After protracted litigation, both the trial court and appellate court set aside the petition of Sungeon Lee’s parents. In their decision, the courts indicated that the daughter was competent to make her own medical decisions. However, in the end, Ms. Lee agreed to withdraw her request to be allowed to die and complied with her parents’ wishes.

Ms. Lee has been moved from North Shore University Hospital to her parents’ home where she is competently taken care of.

About The Author

elder care helpElliot S. Schlissel, Esq. is an Elder Law Attorney with more than 35 years of legal experience. He represents individuals concerning Medicaid planning, wills, trusts and estate matters, end of life issues and estate planning matters.

Reverse Mortgages

estate planning attorneyA reverse mortgage is a means by which seniors utilize the equity in their homes. The equity is turned into cash. It can be used to supplement social security, pension payments, and 401K plan withdrawals. In most situations, the proceeds of a reverse mortgage are taken out in a lump sum. Arrangements can be made to have periodic payments over the period of your life, too.

The big benefit of a reverse mortgage is you don’t have to repay it during your lifetime. It gets repaid upon your death. The drawback of a reverse mortgage is it tends to have a higher interest rate than conventional mortgages. In addition to interest payments and an annual insurance charge, the Department of Housing and Urban Development’s home equity conversion reverse mortgage program level an initial one time insurance premium from 2% to .01% on your home’s value. It should be noted as with any mortgage, there will be closing costs regarding reverse mortgages.

New York Estate Planning Lawyers

Whether you take out a reverse mortgage or not is a complicated question. You should meet with an estate planning attorney. Discuss your finances and the consequences of a reverse mortgage before proceeding to take one out.assistance in planning for retirement

Baby Boomers Need Wills

Death is unpleasant. Why would anyone want to think about such an unpleasant subject. However, as unpleasant as death may be, everything that lives will eventually die. End of life issues are difficult to face. However, the failure to face end of life issues can create untenable, difficult, and painful situations for your loved ones.

Living Will

A Living Will is a document that spells out an individual’s wishes with regards to the type of medical care he or she wants to have. It is only utilized when the individual who drafts the document is no longer capable of communicating with doctors directly. It deals with issues such as life support and medical treatments that do not prolong life but only prolong death and suffering.

Health Care Proxy

A Health Care Proxy is sometimes called a health care power of attorney. This allows an individual to select someone he or she trusts to make decisions about medical care during a period of time when they are in incapacitated or unable to communicate their wishes.

Cathy Brant is the senior vice president in the National Hospice and Palliative Care Organization states that living wills and health care proxies are a good idea for everyone whether they are healthy and young or older and not so healthy. She states further that these two documents can spare families painful fights and ensure patients receive – or don’t receive – the medical treatments they wish should they end up in a situation where they can’t speak for themselves.

Avoiding The Terri Schiavo Situation

Terri Schiavo collapsed in 1990, in her home. She did not have any advance directives regarding end of life care issues. Her heart stopped. She suffered irreversible brain injuries. She was left in a vegetative state. Her husband, who loved her very much, stated she had told him she would not want to live in a vegetative state. He parents vehemently disagreed with Terri’s husband. They wanted her kept alive without regard to the quality of her life. Her husband and parents litigated for years concerning the issue of turning off her life support system. The case eventually went to the Supreme Court. Hundreds of thousands of dollars in legal fees were expended concerning this issue. In 2005, the court ordered her feeding tubes removed and she died two weeks later.

There are many issues individuals face as they grow older. Drafting health care proxies, will and living wills are issues that Americans should face up to.

Elder Care Lawyers

The Law Offices of Schlissel DeCorpo has more than thirty years of experience in handling all types of Estate related matters. We probate Wills. We litigate Will contests. We draft Wills and Trusts. We create guardianships for clients. We have developed expertise concerning Estate Tax issues, Revocable Living Trusts, Irrevocable Trusts, Elder Care issues, nursing home abuse matters, Medicaid, Medicare planning techniques, Special Needs Trusts and Supplement Needs Trusts for our clients. Call us for a free consultation. Our phones are monitored 24/7. We can be reached at 1-800-344-6431, 516-561-6645 or 718-350-2802.

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