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In the coming weeks we will be posting about elder abuse and the role of estate planning and guardianship proceedings in addressing a growing crisis.  As an introduction to the novel legal and medical issues posed by living longer lives, we link to two public presentations that you might find interesting. The first is from

We began our Trusts and Estates blogging with an essay by a member of the Firm and colleague in our Trusts and Estates Department, Sally Donahue, on “The Human Touch.” One of the reasons we began our blogging was not just to be just another trusts and estates blog droning on and on about the

See our most recent post about important changes to Medicaid rules regarding eligibility for home care services.

The implementation of the thirty (30) month look-back period for Medicaid home care eligibility was originally scheduled to be effective as of October 1, 2020. Reportedly, it has just been postponed to January 1, 2021. It is somewhat

As our population ages, worries about caring for our parents (not to mention ourselves), grow in importance. On October 1, 2020, New York will impose new restrictions on the eligibility for community Medicaid. This is a major change in the law. Before October 1, eligibility for such home care services was not subject to restrictions

A Power of Attorney is a very important and useful estate planning tool. But it is also a very dangerous one. A Will is effective only upon your death and then only when approved by the Surrogate’s Court. But a power of attorney is effective upon proper completion. It enables the person to whom it

In our previous entry we discussed the various ways that we can give our property can pass to others outside the terms of a valid Will or even if there is no Will at all (intestacy).  Once understood, you can next consider your testamentary wishes and how to best give them effect.

You must first

What is a lawyerly answer to this most basic of estate planning questions? Simple, “yes and no.”

Now that I hope to have amused you, allow me to explain the rationale behind the lawyerly answer of “yes and no.” All attorneys understand from experience that for every generalization he or she might make, there are