What Single Parents Should Know about Estate Planning
It is no secret that being a single parent is challenging. In addition to the day-to-day struggles of raising children on your own, you may also have concerns about what the future might hold for your kids if anything were to happen to you. While estate planning for single parents is similar to estate planning […]
The Importance of Understanding Co-Agents in New York
I can’t decide which of my two children should be my power of attorney when I need help paying my bills and talking to doctors. Can’t I just name them both? You can, but please don’t. You risk creating conflict or chaos if you name more than one child to serve simultaneously. Instead, pick one […]
Britney Spears’ Conservatorship
Britney Spears started her career with the Mickey Mouse Club at the tender age of eight. Later, when she was in her twenties, she was reported as having a bit of an emotional melt-down and ended up spending some time in an institution. At that time, given that she couldn’t care for herself and her […]
Estate Planning Considerations for Special Needs Children
Current medical and health care advancements have made it possible for dependents with special needs to live more useful lives than ever before. Many scientists regard the term special needs as a euphemism for disability. Yet, the difference between the two terms is primarily one of acceptance and preference as both terms describe the four […]
Who may commence a Guardianship Proceeding?
If you are concerned that a loved one or family member can no longer take care of their finances or are unable to make safe medical decisions for themselves, a guardianship proceeding may need to be commenced. Who has the authority to commence a Guardianship proceeding? M.H.L. §81.06 lists specifically who may commence a guardianship […]
What does the New York Jets all time sack leader have to do with Elder Law?
Recently Mark Gastineau, the New York Jets all time sack leader, told the public that he was diagnosed with dementia, Alzheimer’s disease, and Parkinson’s disease. Alzheimer’s disease is an awful disease that affects the brain and destroys memories and other important mental functions. He may not be able to recall family members or how to […]
Why Every Young Family Should Have an Estate Plan!
When people think of estate planning, they usually think of the elderly or people in white clothes playing tennis on their massive estates in the Hamptons. Both the elderly and the super wealthy need estate plans, but so does everyone, especially parents with young children. Estate planning consists of planning for two events, death (morbid, […]
The Power of the Power of Attorney
A power of attorney is a very interesting and possibly powerful document. The document gives a person you choose, your agent, the power to act for you. The powers given to the agent can be incredibly broad or very specific. For instance, you can narrowly tailor an agent’s power to act only for real estate […]
“Running Roughshod?” – A Case to Ponder
An important case has recently been decided and should be thoroughly reviewed by those who practice Article 81 Guardianship. In a bitterly split panel of the Appellate Division, First Department, the majority affirmed sanctions imposed on an attorney in an Article 81 guardianship hearing. The majority, however, reduced the amount of sanctions imposed. Justice Andrias […]
I Have Been Appointed as Guardian in New York, Now What?
You have now been appointed as Guardian of the Person and/or Property in New York. You have participated in the hearing and have been told by the judge that you will be acting as Guardian for the incapacitated person. Listed below are steps which must be taken to qualify as a Guardian after the hearing. Review CAREFULLY the […]