Preparing for the Future: The Importance of Care and Legal Planning When Aging at Home
Many seniors in New York have made the decision to age at home, and for many, it is a top priority. Maintaining independence while remaining in their own home contributes to an individual’s emotional well-being and quality of life; however, simply maintaining one’s own home is not enough to ensure safety and a sense of calm. Aging at home effectively and safely requires more than day-to-day assistance, it also involves creating the proper legal plans and having adequate home care support in place.
More than 90 percent of older adults have expressed a desire to remain in their own homes, yet nearly 60 percent of families report feeling unprepared when unexpected health or legal decisions need to be addressed. Preparing for the future can assist in preventing undue stress, anxiety, confusion and hasty decision-making.
Why Legal Planning Is Important for Aging at Home
Unforeseen changes in health status occur frequently. Absent from advance legal directives, families may experience delays in care, disagreements and/or court intervention when rapid decisions need to be made.
Preparing for the future enables seniors to:
- Have greater control over medical and personal decisions
- Choose whom they wish to advocate for them
- Minimize the likelihood of being placed into a guardianship proceeding
- Assure continuity in home care services
- Advance planning affords both seniors and their families a sense of peace of mind.
Important Legal Documents Every Senior Should Have
Power of Attorney:
A Power of Attorney (POA) permits a designated person to handle financial/legal issues on behalf of the senior, i.e., pay bills, deal with insurance companies and manage Medicaid related paperwork. A POA is particularly important for seniors receiving, or anticipating the receipt of, home care services.
Healthcare Proxy:
A Healthcare Proxy permits a senior to appoint a person to make medical decisions on their behalf if the senior becomes incapacitated. In New York, a Health Care Proxy assures that healthcare providers will abide by the senior’s wishes regarding treatment/care.
Living Will:
A Living Will details a senior’s preferences regarding medical treatments, including life sustaining care. This document provides direction to both family members and healthcare providers when making difficult/emotional decisions.
Numerous studies indicate that seniors possessing advance legal documents experience fewer interruptions in their care and less family conflict when medical emergencies occur.
How Legal Planning Facilitates Success in Home Care
- There is a direct relationship between being legally prepared and successfully obtaining home care services. Having the necessary documentation facilitates:
- The expedience of the approval process and assessment of care
- Clear communication with home care service agencies
- Protection of the senior’s rights/preferences
- Reducing the risk of emergency placement in a skilled nursing facility
As more than 70 percent of home care services in New York State are provided through Medicaid funding, having legal authority in place assists families in navigating Medicaid applications/reassessments/appeals.
Role of Families in Planning Ahead
Families are instrumental in both planning for future legal needs and planning for future care needs. By engaging in open dialogue prior to an urgent need for care arises, families can avoid making hasty decisions.
Families should:
- Engage in discussions of preferred care options prior to needing urgent care
- Know where the senior’s legal documents are located
- Be actively engaged in updating care plans
- Be advocates for changes as the senior’s needs evolve
Consistent research demonstrates that active family involvement results in positive outcomes for both the senior and their care experience.
A More Secure, Peaceful Way of Aging at Home
When home care services and legal planning are working together, aging at home is successful. Clear documentation along with professional care enable seniors to maintain their independence, dignity and comfort in their own home.
Angel Care Inc. NY believes that quality home care extends beyond providing day-to-day assistance. At Angel Care Inc., we believe that we can support our clients’ and families’ understanding of the necessary planning steps required to protect their independence, dignity and peace of mind.
Preparing for the future today will provide you with confidence in your ability to create a secure and peaceful path forward, allowing you to continue to enjoy the comfort, security and trust of aging at home.
With a rapidly growing senior population, navigating the complex world of home care in New York has become increasingly difficult for many seniors and their families – especially when it comes to knowing their rights, what Medicaid funded programs are available, and what responsibilities fall to the home care agencies they work with. With all this going on, understanding their home care rights in New York State is becoming more important by the day to make sure seniors get the best quality, safest, most respectful care they deserve, at home. According to data from New York State, nearly 1.4 million people currently rely on some type of home care; that number will likely continue to grow as more seniors decide to stay in their homes instead of moving to nursing homes or other long term care facilities. By knowing your rights you can help protect the quality of care and peace of mind you want for yourself and your loved ones. Right to Get Care At Home New York seniors have the right to receive care in the least restrictive way possible; for many seniors, that means receiving care in their own home. Research shows that over 90 percent of older adults would like to age at home rather than move to an assisted living facility or nursing home. Home care can include: Personal care (showering, dressing, walking assistance) Companionship and supervision Preparation of meals and light housekeeping Reminders of medication and general health monitoring A key element of a care plan is that it is person-centered, meaning each service is tailored to meet each individual's specific needs, not everyone receives the same services. Eligibility For Medicaid Funded Home Care Services Medicaid plays a significant role in financing home care services in New York. It is estimated that over 70 percent of all home care services in New York are financed through Medicaid. Important Medicaid rights include: The right to be assessed for home care eligibility The right to receive services after an approval of home care services The right to appeal if home care services are reduced or denied The right to select a Medicaid-approved home care agency Importantly, families should understand that home care hours are determined by a senior's medical and functional needs – not by the availability of home care agencies. How CDPAP Works (Consumer Directed Personal Assistance Program) CDPAP is a New York State program designed to give seniors more control over their care. Through CDPAP, eligible seniors can: Select their own caregiver (such as a family member or friend) to provide care Control how and when care is provided Maintain their independence and still receive Medicaid-funded assistance Recent New York State reports indicate that over 250,000 New Yorkers utilize CDPAP, making it one of the largest home care options available to New York State residents. Duties Of Licensed Home Care Agencies All licensed home care agencies in New York have specific legal obligations. These obligations include: Hiring caregivers who have been properly trained and have undergone thorough background checks Following a care plan that was developed by a qualified professional Respecting the rights and privacy of patients Providing adequate communication with families Promptly addressing concerns or complaints of families Home care agencies are required to operate under regulations established by the New York State Department of Health, which provides additional protections for seniors. Family Rights And Advocacy Families also have important rights, including: Having access to care plans and updates about their loved ones' care Being able to report any problems or concerns regarding care without fear of retaliation Being included in decision-making related to the care of their loved ones Requesting a reevaluation of care needs if those needs change Studies have shown that families who actively participate in the planning process for their loved ones' care experience better outcomes and greater satisfaction with home care services. What The Future Holds (2026) As policies continue to evolve and the demand for home care continues to increase, having knowledge of home care rights is the greatest defense. Having knowledge of home care rights will enable families to plan ahead, avoid making decisions during crises and provide consistency and dignity to the care received by seniors. At Angel Care Inc. Brooklyn, we believe quality home care begins with transparency, trust and education. We support our clients and their families in learning about Medicaid, CDPAP and the obligations of home care agencies, so that they can confidently advocate for themselves and their loved ones to receive the highest level of care possible.
