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The United Kingdom’s Discriminatory Royal Laws

The British government has recently accepted the fact that the laws in the United Kingdom concerning succession to the throne are discriminatory against women. Current rules for succession in Great Britain state that daughters are over looked in favor of later born sons. Prince William’s marriage to Kate Middleton has brought this issue before the public.

If Kate and William have a daughter and thereafter Kate gives birth to a son, the son would be the next in line for the English throne after William. The 701 Act of Settlements in Great Britain deals with succession laws. This law was fine for the men and women of the 18 century. The writer wonders whether it really is acceptable in the 21 century!

A statement by the British government recently was “the government accepts there are provisions which could be discriminatory” in referring the succession laws.

Succession Laws Bar Catholics

The anti Catholic succession laws are a throw back to the 1600’s. Catholic King James II was perceived as favoring Catholics and allowing them to come into positions of power. The Act of Settlement Law specifically states only Protestants are eligible to succeed, but it also specifically prevents Catholics from becoming King. This means you forfeit your right to the throne if you are in the line of succession and you marry a Catholic.

Keith Vaz, a British member of Parliament, recently stated “I think they’re all sitting down praying that Prince William and Kate Middleton have a son first, because if they do there is no need to consider this for some time to come” referring to the succession laws. Vaz also stated he found the 310 year old succession laws offensive. He has submitted a bill to Parliament to eliminate the discriminatory portion of these succession laws. A spokesperson from Buckingham Palace stated issues of succession are a matter for the government.

New York Will Contest Lawyers

Succession issues are similar to issues involving who will inherit your assets when you die.  A large majority of us don’t have to worry about whether our children will become princes and princesses, but we do have to take into consideration what happens to our assets, homes, cars and loved ones after we die. The best way to deal with these issues is to draft a will. Family members who are unhappy with wills, can contest the will. After someone dies a will is probated. This is the process where a court determines whether the will is valid.

The Law Offices of Schlissel DeCorpo have been dealing with wills, trusts and estate issues for more than 30 years. In addition to wills and estate related issues, we handle various elder care matters, including but not limited to nursing home abuse, medicaid planning techniques, medicaid issues, special needs trust for special needs children and all other elder care and estate planning issues. Call us for a free consultation.

Easing Into Retirement

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When Is The Right Time to Retire?

It’s hard to say when it’s right time to retire; however, it is easy to say it is the wrong time to retire. You shouldn’t retire unless you have sufficient funds to carry you through your golden years. In the past, most people retired in their sixties. With declining savings and living costs going up, many Americans will have to wait till they’re in their seventies.

Retirement Suggestions

Instead of quitting your job, you may be able to negotiate reducing your working days or working hours. This will allow you to live without drawing on your savings. Downscale your life style. If you want to retire, you need to try to live more modestly. If your home is large, you can sell it and buy a smaller home or rent an apartment. You can move from an expensive state, such as those located in the Northeast, to cheaper, less expensive states in the South and Southwest.

You need to prioritize your needs. Instead of eating out once or twice a week, it is much less expensive to cook your meals and eat at home.

Forced Retirement

Losing your job or being downsized may force you into retirement. Employers may no longer want experienced employees in their fifties and sixties. This tends to raise the cost of their group health care and other group benefit packages. What do you do if you’re downsized and no one wants to hire you?You need to see a job counselor. You need to train yourself to work in another industry. Unfortunately, you also need to downsize your expectations as to what you’ll be earning.

Wills, Trusts and Estates Lawyers

The Law Offices of Schlissel DeCorpo has been assisting senior Americans regarding wills and trusts issues for more than thirty years. We draft wills and trusts. We probate wills. We litigate will contests. We draft special needs trusts for special needs children.

Elliot S. Schlissel is a member of The National Academy of Elder Law Attorneys. He handles elder care planning related to Medicare, Medicaid and nursing home issues. Call us for a free consultation.

Nurse Practitioners Want Freedom from Supervising Doctors

Last year in the State of New York midwives obtained the ability to practice their craft without the supervision of physicians. This year nurse practitioners are seeking the same freedom.

Pending Legislation in New York

There is currently a proposed bill before the New York State Legislature that would eliminate the requirement that nurse practitioners have to work under the supervision of doctors. In the event this statute is passed New York would join sixteen other states and the District of Columbia in freeing nurse practitioners from the supervision of physicians.

Seth Gordon, the president of the Nurse Practitioners Association in New York stated “without that restriction, nurse practitioners would be free to enter into their own practices and practice?”

Nurse Practitioners

A nurse practitioner is a registered nurse who has obtained a masters degree and had advanced medical training. They are currently allowed to make a medical diagnosis and they can also prescribe prescription drugs. Presently a nurse practitioner must have a collaborative agreement with a practicing physician. This requires the doctor to review the nurse practitioner’s cases every ninety days. However, the review can be as minimal as the doctor simply looking at one of the nurse practitioner’s patient charts.

Nurse practitioners feel that the review is unnecessary. The New York Medical Society opposes the statute which would allow nurse practitioners to practice without the supervision of physicians. Nurse practitioner argue that removing the physicians supervision requirement would enable more nurse practitioners to have solo practices. They claim this would fill the gap in areas where there aren’t enough practicing physicians.

New York Wills and Trust Lawyer

We provide estate planning services. Elliot S. Schlissel is an elder care attorney. He litigates nursing home abuse and medicaid related issues. He deals with medicaid planning techniques. He also assists individuals with special needs trusts for special needs children. Feel free to call for a free consultation. 

Fewer Family Practice Doctors

doc-150x150Fewer doctors in the United States are going into family practice. Solo medical practitioners involved in family practices are becoming scarcer. The American Academy of Family Physicians, in 1986, represented forty-four percent of the practicing doctors. As of 2008, only eighteen percent of practicing physicians are in family practice and that number continues to grow smaller.

In 2007, twenty-eight percent of the doctors in private practice described themselves as being self-employed. In 1970, almost sixty percent of all doctors were self-employed.

New Doctors Don’t Want Family Practices

Many of the doctors graduating medical school have no interest in small family practices. They seek better life styles, which involve shorter working days and weekends off. They want to avoid patient emergencies.

New Doctors Have to Deal With Debt Obligations

Many doctors going into medical practice today borrowed large sums to help pay for their medical school expenses. These young doctors are looking for steady pay checks that have no risk attached to them.

Will Patients Suffer?

There are benefits for patients who use larger medical practices. These larger practices can provide more preventive medical services. They have the financial ability to use technology to enhance their practice, which gives them greater capabilities.

Loss of the Personal Touch

Generations of Americans have had personal, confidential relationships with their physicians. Physicians were trusted individuals. Patients felt they had a personal relationship with them. Newer, larger medical groups may lack this personal touch. Doctors who are part of larger medical groups have the ability to pool their resources to provide more sophisticated, higher levels of medical care.

There are pluses and minuses involved in a demise of the local family sole practitioner. Although there is a loss of the personal relationship, the patient may end up with more sophisticated medical care!

New York Lawyers

The attorneys at the Law Offices of Schlissel DeCorpo have more than 70 years of combined legal experience. We draft wills and trusts. We probate wills. We litigate will contests. We draft revocable living trusts and irrevocable trusts for our clients. Elliot S. Schlissel is a member of The National Academy of Elder Law Attorneys.

We represent individuals with regard to issues concerning medicaidmedicaid planning techniques and developing special needs trusts for special needs children. We also deal with issues involving nursing home abuse. Feel free to call for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Retirement Planning Mistakes

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Americans do not save enough money during the course of their working years to have the retirement life experience  they have dreamed about. In a recent study by the Employment Benefit Research Institute, fifty-six percent of the workers interviewed stated that the total value of their household savings and investments, without including the equity in their residence, was less than $25,000. Twenty-nine percent of those interviewed had savings of less than $1,000. How are these people going to afford to retire?

Rethinking Retirement Issues

Many Americans look at retirement as a long term vacation. However, very few Americans can afford this long term vacation. Saving funds for retirement must be done over long periods of time to accumulate the type of capital necessary to stop working. The retirement age of sixty-five is  unrealistic for the majority of Americans currently in the work force. Sixty-five is no longer the magic retirement number. Matthew Tuttle, a certified financial planner with Tuttle Wells Management, stated, “with life expediencies increasing, playing golf and going to early bird dinners every day can get [old] after 35 years. Rethink what retirement means. It could be working fewer hours or changing jobs to something that you like more.” Americans will either have to work longer, until 70 or 72, or, after retiring, might have to obtain a part time job to supplement their income.

Medical Expenses

Individuals who are over sixty-five  years of age have more medical expenses as they grow older than when they were young and healthy. A Fidelity Investments study indicated that a sixty-five year old couple who retire in 2010 will need a quarter of a million dollars to pay medical expenses during the period of their retirement. This $250,000 does not include nursing home expenses. This study found that the average monthly expenditures for health care will amount to $535 a month.

Set Reasonable Priorities

Americans need to down grade their expectations of their standard of living in retirement. They need to save and accumulate larger amounts of assets to cover their longer life expectancies. They must think twice about purchasing very expensive luxury items instead of putting those funds away for future needs.

Wills and Trusts Lawyer

The Law Offices of Schlissel DeCorpo drafts wills. We handle estate administration and estate tax issues. We deal with issues concerning business succession. We also draft living wills and help our clients with end of life issues, supplemental needs trusts and special needs trusts. We prepare medicaid applications and handle medicaid issues for our clients. Feel free to call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Medicare Scams

On February 17, 2011, more than one hundred doctors, nurses, physical therapists and other medical providers were arrested as part of a huge, nationwide investigation dealing with medicare fraud. Approximately seven hundred law enforcement personnel were involved in the arrests of individuals accused with illegally defrauding medicare of more than $225 million dollars. The $225 million dollars represented illegal false billing of medicare for services that either were not necessary or never provided. Medicare fraud is a huge problem in the United States. It is one of the causes of the high expense rate for this program.

The February 17, 2011 medicare fraud arrests involved individuals in the following cities: Miami, Los Angeles, Dallas, Houston, Detroit, Chicago, Brooklyn, New York, Tampa, Florida and Baton Rouge, Louisiana.

In Detroit, a pediatrist who performed unnecessary partial toenail removals by the name of Dr. Errol Sherman was accused of defrauding medicare out of $700,000 for these unnecessary procedures. His alleged partial toenail removals were actually Dr. Sherman simply cutting the toenails of his patients. Dr. Sherman had the audacity to bill medicare for twenty toenail removals on three toes for one patient! He charged medicare $110.00 for each of these non-existent treatments. Query – how many toes can a patient have?

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Scandalous Brooklyn Proctologist

Dr. Borus Sachakow, located in Brooklyn, New York, is a proctologist. He billed medicaid for ten hemorrhoid removals for one patient. This is impossible! Dr. Sachakow had been previously arrested last year on criminal charges for other fraudulent medicaid activities.

Three clinics in Brooklyn, New York, that specialized in physical therapy were also busted. These clinics were part of an organized crime ring operated by Russian immigrants. They paid recruiters to find senior citizens to come to their office for unnecessary treatment. They billed medicaid $57 million for physical therapy that consisted of back rubs.

Miami, Florida

Home Care, Inc., which was run by two Miami physicians, was charged with writing $25 million worth of fake prescriptions. In Miami, more than three dozen individuals were charged with medicaid fraud. They were charged with falsely billing medicaid for more than $56 million.  The busts on Thursday, February 17, 2011, were in addition to the arrests of twenty one people in Miami on Tuesday of that week for $200 million in medicare fraud.

John Gillis, the FBI Agent in charge, stated “we can arrest and charge people every day and it still won’t make a dent until changes are made to medicare.”

Unfortunately, medicare operates under a system that pays for medical services without investigating as to whether these services were actually necessary. Medicare is one of the largest medical supplier systems in the world. It has more than $1.3 million licensed suppliers nationwide. This is increasing by more than 18,000 new suppliers coming onto the system each and every month. This system program needs a better system of policing.

Medicare Needs To Be Reformed

America is going broke. Medicare is one of those programs that is contributing to the financial problems faced by state and local governments. The medicare system must be changed. Procedures must be developed to provide quality medical care. The system today promotes high quantities of unnecessary medical procedures. We simply can no longer afford this!

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Elder Care Lawyers

There are many issues faced by senior citizens. The elder care lawyers at the Law Offices of Schlissel DeCorpo can assist seniors with these issues. We draft wills.  We probate wills. We litigate contested wills and estates for family members and friends of the decedents. We engage in medicaid planning. We deal with nursing home issues and we assist our clients when they feel there has been nursing home abuse. We draft special needs trusts for special needs children. We also provide tax planning advise for our high net worth clients concerning estate tax issues. Call us for a free consultation at 516-561-6645, 1-800-344-6431 or 718-350-2802.

The New Health Care Law – Affordable Care Act

healthThe Republicans in Congress are challenging the health care law passed in 2010 by President Obama and the Democratic controlled Congress. Question: How does the health care law affect you?

Americans between the ages of fifty and sixty-four will be significantly affected by the Affordable Care Act (ACA). Unfortunately, due to the economic slowdown in the United States, more and more Americans between the ages of 50 and 64 have not been able to afford health insurance.

One Million Americans Lose Health Insurance

It is estimated that more than one million Americans between the ages of fifty and sixty-four lost their health insurance during the 2009 calendar year. Altogether, approximately ten million Americans between the ages of fifty and sixty-four no longer have health insurance. As long as unemployment remains high, the number of Americans in this age group without health insurance will continue to rise. Americans between the ages of fifty and sixty-four often have health problems that cannot be addressed without health insurance. Recent bankruptcy filings indicate that more and more Americans are being forced into bankruptcy because of spiraling health care bills that they cannot afford to pay.

More Americans Given Healthcare Coverage

When the Affordable Care Act comes into effect in the year 2014, approximately seven million Americans who currently don’t have health insurance will obtain subsidized health insurance. Starting in the year of 2014, the Affordable Care Act will expand eligibility requirements under Medicaid to cover adults who have incomes below 133% of the Federal poverty level. The Federal Government will have to provide significant cash payments to the states to meet demands for this increased medical insurance.

Starting in the year 2014, insurance companies will no longer have the ability to reject individuals with preexisting medical conditions or to charge individuals who currently are suffering from illnesses higher premiums for medical insurance.

There are a number of court challenges to the Affordable Health Care Law. Several Federal Judges have set aside the law for various reasons. It will be interesting to see how the Appellate Federal Courts deal with this issue.

New York Wills Lawyers

At the Law Offices of Schlissel DeCorpo, we have five attorneys who assist our clients in Wills, Trusts and Estate matters. Our office has been providing our clients with valuable assistance regarding issues concerning probating of Wills, drafting of Wills, Estate Taxes, Estate Planning, Will Contests and Revocable and Irrevocable Trusts for more than three decades.

Elliot S. Schlissel, Esq. is a member of the National Academy of Elder Law Attorneys. He provides his clients with detailed Elder Care legal services involving Medicaid planning, nursing home issues, special needs trusts and issues involving special children. If you have a probate, Wills, Trusts and Estates or Elder Care matter, we are the law firm that can help you. Call us at 1-800-344-6431; 516-561-6645 and 718-350-2802.

Alzheimer’s Disease: What are the Symptoms?

alz-121x150 Are you concerned that either you, a close friend or a loved one has the early stages of Alzheimer’s disease?  What are the signs and symptoms of Alzheimer’s disease? Are your parents just becoming forgetful or do they  have the early symptoms of Alzheimer’s disease? Should you believe that yourself, a friend, a family member  or a loved one is developing Alzheimer’s disease, then you should go to a physician that deals with this  disorder. There are very specific tests a physician can perform to determine whether Alzheimer’s disease is in  its early stages.

The following are a list of symptoms you should look for concerning Alzheimer’s disease:

Memory lapses -Does the senior repeat himself or herself or tell the same story again and again? Are they forgetful concerning names and acquaintances? Is this a problem that is getting worse? Memory problems are one of the first signs of Alzheimer’s disease.

Confusion – Has this individual’s speech patterns changed? Does he or she stumble over their words? Instead of using specific terms, do they instead use terms such as “whatchamacallit”?

Mood changes – Is this individual subject to certain mood changes? Where they were normally assertive, are they now reflective? Is this individual becoming withdrawn or depressed?

Difficulty with common activities – Does this individual seem to have difficulty doing normal daily activities such as cooking, washing, bathing and playing games? Does this individual start projects and fail to complete them?

Disorientation – Does this individual become disoriented in situations where they never had difficulty before? Do they get lost easily or wander around aimlessly?

Misplacing items – Has the individual suddenly started to lose things or misplace items? Does he or she lose track of things such as keys, glasses or telephones?

The aforementioned provides you an overview of many of the problems experienced by individuals who have Alzheimer’s disease. Should you see these problems in a friend, family member or loved one, have them a see a physician to look into whether they are developing Alzheimer’s disease. There are medications that can slow the onslaught of this horrendous disease.

Wills and Trusts Attorneys

trust-150x1501The Law Offices of Schlissel DeCorpo drafts wills and trusts for our clients. We probate wills and trusts. We litigate contested wills and estate proceedings. We help our clients deal with Medicaid planning and issues involving nursing homes. We deal with estate administration and estate taxation issues. We also draft special needs and trusts, as well as supplemental needs trusts, for our clients. Feel free to call us at 1-800-344-6431; 516-561- 6645 or 718-350-2802 should you need legal assistance.

Medicare: How Do We Reform This Program?

meds1-150x150Cutting Doctor Reimbursements

Congress is considering a 23% reduction in the reimbursement to physicians who render medical treatment to Medicare patients. Will doctors accept this type of reduction?
There is concern that the doctors will simply refuse to treat Medicare patients if they are not paid a reasonable fee. This will force Medicare patients to try to find new doctors to treat them.

Slowing Health Care Inflationary Expenses

The best way to stop the inflationary increases of government health care programs is to reduce the rising cost of health care. The Balanced Budget Act of 1997 was designed to reduce Medicare expenses; however, it has not worked. This statute attempted to reduce spending for physician services. It did not take into consideration the growth in volume and complexity of services provided by physicians. It also did not change the “fee for service system”. This system provides greater incentive for doctors to do more procedures for their patients. The statute didn’t determine which procedures will most effectively cut costs!
Reforming Medicare
The best way to reform Medicare is to establish cost control measures utilizing less-expensive alternative medical care procedures. Medicare must be redesigned to move towards a system that rewards medical providers for the quality of the care that is provided, not the quantity that is provided. Medicare costs are a hot political potato. They need to be dealt with. The continuing spiraling costs of Medicare will eventually bankrupt the system. Medicare must be saved!

Elder Care Lawyers

The Law Offices of Schlissel DeCorpo provides elder care legal services to our clients. We draft wills and trusts. We probate wills. We deal with Medicaid planning issues. We assist our clients with nursing home issues. We provide all types of elder care legal representation. We also draft special needs trusts and supplemental needs trusts for our clients. Should you need a will, trust or an elder care attorney, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

The Worst States in Which to Retire

retire-150x150 Individuals who reach the age of retirement are usually on a fixed income. It is important for these retirees to receive the biggest bang for their buck. They need to live on a moderate level so they do not live longer than their money can support them.

According to the Pew Center for States Report, the ten worst states for retirees to live in are Arizona, Florida, Illinois, Michigan, Nevada, New Jersey, Oregon, Rhode Island , Wisconsin and California. Hooray for New York! It didn’t make the list with the other bad boys.

The report did indicate that New York has “very high taxes”. It stated that New York has the second highest tax rate and the fifth highest per-capita property taxes. The report also indicated that New York has a “dysfunctional legislature”. The report also pointed out that there was a benefit to living in New York because pension income is exempt from income taxes.

The report involving the worst states to live in focused on the fiscal health, taxation and climate of the states in the United States. It considered factors regarding which state to retire in involving taxes, climate, typography, the crime rate, recreational opportunities in the state, the quality of transportation and healthcare, as well as the cost of living and the physical health of the state itself. Individuals, before they retire, should take into consideration all of these factors and how it will effect the quality of their life. From my point of view, I would rather be happy and poor than have more money and be miserable.

Estate Planning Lawyers

wills-150x1502The Estate Planning lawyers at the Law Offices of Schlissel DeCorpo have been assisting their clients in drafting wills and trusts for more than thirty-three years. We represent our clients with regard to the drafting and implementation of revocable living trusts and irrevocable living trusts. Elliot S. Schlissel, Esq., is a member of the National Academy of Elder Law attorneys. Our office provides all types of elder law assistance. We deal with issues involving nursing home abuse, Medicaid, Medicaid planning, special needs trusts, as well as supplemental needs trusts. Call us at 1-800-344-6431, 516-561-6645 or 718-350-2802 for a free consultation.

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