It’s time to talk about those doing the caretaking being able to claim an appropriate share of an inheritance in a decedent’s estate. Those doing the caretaking deserve a greater share in a will than those who did nothing when the chips were down.
Nowadays, there’s an incredible impact when it comes to a caregiver’s time, finances and emotional well-being. It is imperative that a conversation about death, dying and their aftermath be at the forefront of our state and nation.

Like anything else in our society, this is fixable. All we need to do is believe in shared sacrifice, fairness and think outside the box.
Explore our platform below.
Addendums to trusts where the guarantor can establish an inheritance allocation adjustment based upon submission of financial records to the trustees detailing economic losses due to caregiving.
Caregiver education programming at the local level so that caregivers understand what rights they have, including FMLA, as well as stress-reduction programming.
Patient discharge planning reform: auditing the process systemwide to determine how it can be improved for both patients and caregivers.

A one-time devastating economic hit needs a soft landing. We propose a substantial tax credit to make up for economic losses while caregiving, which would demonstrate the State of New York understands the economic position folks are being put in. We are not proposing a credit the size of, for example, the EITC, but one much larger given the temporary nature of the situation, the lasting impact it has and the number of people eligible at any given time.

New York State should formally acknowledge - to ease enforcement - of caregiver agreements that can be drafted and signed before a patient is in hospice. They lay out the duties another will take on as caregiver and provide for the caretaker financially while they are executing their duties. Such agreements are similar to those one would have with a project-based consultant, but with oversight from a third party for payment of expenses to prevent a raiding of patient finances. Individuals of all economic classes should find such agreements pertinent. They can be as simple as ensuring a caretaker has three meals a day and transportation funds at the behest of the patient.

The average New Yorker lives paycheck-to-paycheck and many who are ill do not qualify for Medicaid until every penny is exhausted and they are close to death. Some caregivers can be paid by Medicaid if the patient is eligible - and if they are not the patient’s health proxy - per the recommendations of a provider. Those recommendations are seldom representative of the actual time and effort going into caretaking. Caregivers need to be compensated justly, based on the actual time and effort it takes, not just an assessment subjectively assigned should the patient be Medicaid eligible.
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