Elder Law and Medicaid Planning Lawyers Serving Hempstead Village
Hempstead Village is a village located on Long Island in the Town of Hempstead in Nassau County. According to the U.S. Census Bureau estimate, the population was 55,113 in 2019. The Village of Hempstead has a total area of 3.7 square miles and is considered the most densely populated village in the State of New York. Its neighboring communities include Garden City and Uniondale.
The Village of Hempstead is home to Hofstra University, Sacred Heart Academy High School for Girls and the public school system served by Hempstead Union Free School District. Hempstead has flourished to become a large retail development, with several large retail chain stores, such as Home Depot, Old Navy, Stop and Shop, and Staples having a solid presence in the village’s retail and commercial centers. It hosts the Hempstead Bus Terminal, a major artery of Long Island transportation as well as the Hempstead Station of the Long Island Railroad.
In addition to the thriving businesses in the area, an infusion of state and federal funding plus private investment at the end of the 1990s has led to the development of affordable housing including senior housing and townhouses.
In 1989 James A. Garner was elected as the Village of Hempstead mayor. He was the first Black or African American mayor to be elected to public office on Long Island. His popularity resulted in his service for four consecutive terms. Additionally, other elected politicians that made history in the Village of Hempstead include Lance Clarke, the first African American male judge elected in 2001, and Cynthia Diaz-Wilson, the first female justice in the Village of Hempstead and first African American village justice in New York State.
The village has its own police department and volunteer fire department and is home to many community resources that benefit its citizens. The broad array of social programs and services contribute to the quality of life of its residents.
Hempstead Village residents may ask, “what would happen to me if I became incapacitated?”
An illness, injury or age can contribute to someone losing his or her mental capacity. If someone loses their ability to manage their own affairs and make independent decisions, it is critical that they have a legally appointed person, of their choice, to help them manage their affairs during incapacity.
It is not enough to assume that your loved one knows that you want him or her to help you. The authority for your chosen person to help you must be set forth legally, in advance of incapacity. The legal documents that address who would have authority to help you during incapacity are called “advance directives.”
The Family Health Care Decisions Act under New York State Law provides for an order of priority for health care decision making in a hospital setting if you became incapacitated. The law states that if there is no health care proxy the following individuals, in this order would have the ability to make health care decisions for you: a court appointed guardian, a spouse or domestic partner, a child at least eighteen years old, a parent, a sibling at least eighteen years old, and finally, a close friend.
If you notice, there may be multiple people at a given level of priority that may have conflicting perspectives on the best course of treatment, or you may not necessarily agree that the statutory order of priority would work best for you knowing the specific members of your family. It is so helpful and important to not only prepare a Health Care Proxy that will specifically name the person of your choice that will supersede the statutory order of priority, but that you also discuss your wishes with your named agent so that he or she knows your wishes and can accurately speak on your behalf if and when necessary.
While there is a statutory order of priority when it comes to health care decision making, there is no default law that will allow your loved ones to manage your legal and financial affairs. For example, if you became incapacitated, your husband, parent, child, or significant other cannot simply sign checks for you because you trust them, or get information from your insurance company, or manage your mortgage or taxes. The only way they would have legal authority “to step into your shoes” and handle legal and financial matters on your behalf would be if you had executed a power of attorney giving them that legal authority prior to becoming incapacitated. Without having a valid and comprehensive power of attorney in place, your loved one would have no legal authority to manage your legal and financial affairs. They would have to petition the court to be appointed guardian. A guardianship proceeding can take several months, is quite expensive, and ultimately, it will be the court’s decision, not yours, who becomes your guardian. The court may determine that there is no qualified family member, and can appoint a court-appointed guardian who collects fees for their services from you! If you simply had a prepared power of attorney in place, that all could have been avoided and your trusted family member or other individual would have been able to assist you immediately with minimal expense and aggravation.
When there is a tragedy that results in incapacity, it is a gift to both yourself and your loved ones to have advance directives in place.
A Health Care Proxy allows you to appoint the person of your choice to make health care decisions on your behalf in the event you cannot express your own wishes due to incapacity.
A Power of Attorney allows you to appoint an individual of your choice to manage your legal and financial affairs, which is critical to keep you safe and protected, in the event you became incapacitated.
How Our Attorneys Can Help
Our firm can assist you with your advance directives and with your additional estate planning and long term care planning documents. Call us today to begin giving yourself and your family peace of mind.
