Your Top Resource For Seniors 
Your Top Resource For Elder Abuse & Neglect

New York

State Nursing Home & Assisted Living Regulations

Learn all the information you need to live out a long and happy life in New York! Consider the best care fit for your needs, whether you continue to stay at home, or transition to a long-term care facility. Stay informed of your rights and resources.

Consider Your Health

Take the time to sit down with a loved one and consider your needs, including physical care, transportation, and healthcare needs. Fill out the daily living assessment to identify your needs and which route is best for you.

Daily Living Assessment

New York State Elder Law Resources

Staying At Home

The option to continue living at home while getting the services you need gives you independence, while ensuring your safety. Services are dependent on an individual's level of need, which affects service duration and purpose. Services may range from simple to more comprehensive checks.

Contact your local ADRC or call (844) 697-6321 to learn more about in-home care facilities.

Long-Term Care Facilities

New York has a variety of facility-based living options to help support you and your needs, including assisted living and skilled nursing facilities.

Contact your local ADRC or call (844) 697-6321 to learn more about long-term care facilities.

Protect Your Rights as a Senior

If you or someone you know is experiencing elder abuse in New York, call the state's Adult Protective Services at 1-844-697-3505 to report elder abuse or neglect.

New York Laws to Protect Against Elder Abuse

Did you know that there are laws in place to protect elders from abuse and exploitation in New York? It's always best to check the most current legislation or consult with a legal professional for the most accurate and up-to-date information. Here is more information about laws that protect against elder abuse in New York

Key Terms

  • Elder Abuse: The physical, emotional, financial, or sexual mistreatment or neglect of an older adult, often by a caregiver or someone in a position of trust.
  • Physical Abuse: Any intentional use of force that results in injury, pain, or impairment, such as hitting, pushing, or restraining an older person.
  • Emotional Abuse: The psychological mistreatment of an older adult, which can include verbal abuse, threats, humiliation, or isolation.
  • Financial Exploitation: The unauthorized or improper use of an elder's funds, property, or assets, often by a family member, caregiver, or scam artist.
  • Neglect: The failure to provide necessary care or protection for an older adult, resulting in physical, emotional, or financial harm.
  • Mandatory Reporting: Mandatory reporting requires certain professionals, such as healthcare providers and social workers, to report suspected cases of elder abuse to the appropriate authorities for investigation.

Report Elder Abuse

Any suspected abuse or neglect in Texas may be reported by calling 1-844-697-3505 or local law enforcement. This also pertains to mandatory reporters, such as doctors, nurses, or social workers.

Punishment for Elder Abuse

Punishment varies depending on the crime committed. Under New York law, elder abuse can result in a felony, with penalties ranging from fines to imprisonment.

Estate Planning and Probate in New York

Protect your assets and the future of your loved ones by planning ahead with a will or living trust.

Wills

In order for a will to be valid in the state of New York, all requirements must be met. The testator, or the individual creating the will, must be at least 18 years of age and of sound mind. The will must be in writing, whether typed or printed, and must be signed by the testator with two witnesses

Trusts

The purpose of a trust is to ensure that assets are managed and distributed according to specific instructions outlined in a legal document called the trust deed. Trusts are commonly used for estate planning, allowing individuals to transfer their assets to the trust for the benefit of their heirs, while also potentially avoiding certain legal processes like probate.

Probate

Probate is the process of proving a valid will. According to NY Courts, if an individual passed away without a will, an administration proceeding should be filed. Alternatively, if the individual had less than $50,000 of personal property, then a small estate proceeding may be filed instead.

Power of Attorney

A power of attorney is a legal document that grants a person, known as the "agent" or "attorney-in-fact," the authority to act on behalf of another person, known as the "principal," in specific legal and financial matters. To create a power of attorney in the state of New York, the New York statutory short form must be completed.

Types of Power of Attorney

General Power of Attorney: This type grants broad authority to the agent to make a wide range of legal and financial decisions on behalf of the principal.

Limited or Special Power of Attorney: This grants the agent specific powers for a particular purpose or within a defined timeframe. For instance, it could be used to authorize someone to handle a real estate transaction on the principal's behalf.

Durable Power of Attorney: Unlike a regular power of attorney, a durable power of attorney remains effective even if the principal becomes incapacitated or unable to make decisions.

Springing Power of Attorney: This type becomes effective only when a specified event or condition occurs, often when the principal becomes incapacitated.

Medical Power of Attorney: This grants the agent the authority to make medical decisions on the principal's behalf, especially in situations where the principal is unable to do so.

Executing a Power of Attorney

There are requirements to execute a power of attorney, including that the POA is signed before a notary public and the principal is at least 18 years of age and sound of mind.

Termination of Power of Attorney

You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting improperly.

Advance Directives

Advance directives are legal documents that allow individuals to express their medical treatment preferences and decisions in advance, particularly in cases where they may become unable to communicate or make decisions due to illness or incapacitation. These documents provide guidance to healthcare providers, family members, and medical professionals about the individual's wishes regarding medical care and treatment.

Equitable Distribution

New York is an equitable distribution state. This means that the court will divide marital property fairly.

Estate Tax

New York imposes an estate tax rate that can range from 3.06% to 16%. This is an additional rate on top of federal estate tax.

Elderly Rights

New York law and programs ensure elderly rights are preserved.

Guardianship Laws

In New York, a court may appoint a guardian to an individual who is considered incapacitated.

Healthcare

Under New York law, seniors have the right to be informed about their medical care, including medical conditions, treatment, and insurance coverage. There are also resources available related to healthcare, including Medicare and free or low-cost insurance.

Discrimination

The New York State Division of Human Rights protects discrimination on the basis of age in areas such as employment, housing, and public accommodations.

Senior Services and Resources

The New York State Office for the Aging provide services and support to help elder adults live independently. These services include healthcare, long-term care, and legal support.

New York

State and Assisted Living Main Links:

Links to Assisted Living Facility Licensure and/or Compliance:

Standards for Transparency, Licensing and Certification:

Good. The only issue is that full inspections surveys aren't available online. Instead, just the citations are offered. For most people, it's enough to get the idea of how well a facility follows regulations.

Contact an ombudsman or file an open records request for the records themselves.

Frequency of Inspections: Every 24 months

Do You Have A Claim?

If you or a loved one may be the victim of nursing home abuse or neglect, report it here. You may be entitled to compensation for pain and suffering.

Our expert partner attorneys offer free consultations for your claim.