[Fredslist] Re: Renatto for wonderful advice from Vincent Averaimo re Friend needs advice on nursing home situation re her spouse

[Sandra N Busell]

NY does not have conservatorship but guardianship which I would assume is similar.  An order to show cause (OSC) is filed and the court hearing date is 30 days from the signing of the OSC.  A COURT EVALUATOR IS APPOINTED.     Sandi

Sent from my iPhone
Sandra N Busell, Esq
Busell & Stier, PLLC
98 Cutter Mill Road, Suite 395N
Great Neck, NY 11021
Tel: 516-829-9595
Fax: 516-829-9617
Email: Sandra.Busell at busellstier.com
website:  www.busellstier.com 

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On Feb 18, 2012, at 10:37 AM, Anne Bonfiglio <abonfiglio at fredslist.com> wrote:

> Thank you.
> 
> The wife is going to follow this advice and is so relieved!!
> 
> WOW!!
> 
> KNOWLEDGE IS POWER.
> 
> Best Regards,
> Anne Bonfiglio
> 
> 
> 
> On 2/18/12, Vincent Averaimo <vincent at milfordlegal.com> wrote:
>> You would do an involuntary conservatorship which would not require her
>> husbands signature but would require a physicians report which will say the
>> husband is unable to care for himself.  This could be obtained from his
>> primary care physician.
>> 
>> As for a time frame it really depends on the court but if I remember
>> correctly the application and hearing have to be filed and heard within 60
>> days from the doctors report.
>> 
>> Like I said before this is how it is in CT but I think NY has a very similar
>> procedure.
>> 
>> You are very welcome and best of luck!
>> 
>> Vinny
>> 
>> ----- Original Message -----
>> From: Anne Bonfiglio [mailto:abonfiglio at fredslist.com]
>> Sent: Saturday, February 18, 2012 10:19 AM
>> To: Vincent Averaimo
>> Subject: Re: [Fredslist] Friend needs advice on nursing home situation re
>> her spouse
>> 
>> I cannot thank you enough for this insight. The wife is thankful and
>> has these two questions:
>> 
>> 
>> Does this conservatorship require the the patient who may have memory
>> problems to sign the document?
>> 
>> How long does this process take?
>> 
>> thx again, Anne Bonfiglio
>> 
>> 
>> 
>> 
>> 
>> On 2/18/12, Vincent Averaimo <vincent at milfordlegal.com> wrote:
>>> Anne:
>>> 
>>> Generally the spouse will have some "say" over medical care in a nursing
>>> home.  It seems odd that the nursing home would just eliminate the
>>> prescription of drugs especially if prescribed by the patients primary
>>> care
>>> physician.
>>> 
>>> I would do two things:  (1) I would speak with his primary physician, let
>>> them know what was done with his meds.  Sometimes the physician will set
>>> the
>>> nursing home "straight."  (2) I would have the spouse complete a
>>> conservatorship application with the Probate Court (that is what it is
>>> called in CT - not sure about New York) to be appointed as Conservator of
>>> the Estate and Person.  That gives the spouse the explicit legal authority
>>> not only to deal with financial issues, but also, medical issues including
>>> medication.  It gives the spouse the right to make the decisions as if the
>>> nursing home patient was able to make those decision himself.
>>> 
>>> The issues with the memory lapse could present a problem in letting the
>>> nursing home patient make decisions relative to his care.  But, with a
>>> conservatorship, that eliminates that issue.
>>> 
>>> A couple of years back, I had a family who wanted their loved one to take
>>> certain vitamin supplements in the nursing home and despite his primary
>>> physician indicating that there would be no "bad" effects with medication
>>> if
>>> he were to take same the nursing home refused.  We applied for a
>>> conservatorship, same was approved by the Court and then sought and
>>> obtained
>>> an order by the Court allowing the patient to be allowed to take such
>>> vitamin supplements without any interference with the Nursing Home.
>>> 
>>> I hope this helps.
>>> 
>>> Vinny
>>> 
>>> Vincent J. Averaimo, Esq.
>>> Kapusta, Otzel & Averaimo
>>> 250 Broad Street
>>> Milford, CT 06460
>>> (203) 874-6773
>>> (203) 874-5765 - Facsimile
>>> vincent at milfordlegal.com
>>> www.milfordlegal.com
>>> 
>>> 
>>> ________________________________________
>>> From: Anne Bonfiglio [abonfiglio at fredslist.com]
>>> Sent: Friday, February 17, 2012 9:27 PM
>>> To: fredslist
>>> Subject: [Fredslist] Friend needs advice on nursing home situation re her
>>>   spouse
>>> 
>>> My good friend has a husband in a nursing home, who at times has some
>>> memory lapses. He has been prescribed medication for memory loss by
>>> his personal physician.
>>> 
>>> Now the nursing home arbitrarily eliminated the meds.
>>> 
>>> My friend wants to know if there is a law that states that when I
>>> spouse is alive, does the spouse have decision making power.
>>> 
>>> OR when a person is admitted to a nursing home, does one give that power
>>> away???
>>> 
>>> He is currently on Medicaid, I believe....not positive.
>>> 
>>> Any advice in this case would be most appreciated.
>>> 
>>> Thank you.
>>> 
>>> Anne Bonfiglio
>>> Exec dir./PSA
>>> www.psapartnership.org
>>> 
>>> _______________________________________________
>>> Fredslist mailing list
>>> Fredslist at gothamnetworking.com
>> 
> 
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