This is Not Your 20th Century T & E Practice: Representing the “Modern Family”

10:00 a.m. – 10:05 a.m.

Welcome and Introduction

Program Chair and Moderator: 

Albert Feuer, Esq., Law Offices of Albert Feuer, Forest Hills, NY 

10:05 a.m. – 11:50 a.m.

The Modern Family

Discussion of the multi-faceted evolving concept of the “modern family.” The concept reflects the increasing geographical dispersion of families not merely within New York, or the USA, but around the world, the treatment of friends as closer family members than blood or marital relatives, who, in many cases, are no longer alive, the many couples without children or plans for children, the increasing variety of views of the significance of being part of a family. By better understanding this concept, lawyers, particularly those practicing in trusts and estates, elder law, or general practice will have the cultural competence to best serve their clients.

Nihla F. Sikkander, Esq., SUNY, Albany, NY

Authorization of Third Party for Health Care Decision-Making and Practical Implications 

Discussion of these issues from the perspectives of health care institutions, their patients, and the patients’ families. Basic documents, such as Health Care Proxies, Living Wills, DNRs, MOLSTs, and the significance of their presence or absence will be discussed, including when may multiple individuals, as parents of minors do, share such authority? There will be a discussion of the effects of documents in foreign languages and documents from other jurisdictions. When may an individual’s aunt become the health care decision-maker under the default rules, and how are the results affected if the “aunt” is not a sibling of one’s parent, or the spouse of such a sibling? There will also be a discussion of how health care institutions respond to the reality of group decision-making from traditional or intentional family members who may disagree on the individual’s wishes or best interests, such as mediation and ethics committees as well as courts of law, and what may be done by individuals, families (traditional or intentional) and their advisors to plan for such situations, including who has the authority to obtain the individual’s personal remains from the health institution.

Traci Boris, Esq., Barclay Damon LLP, Syracuse, NY

Third Party Made Responsible for Property and/or Person of Minor Children or Elderly/Disabled 

Discussion of guardian law (both standby and court-appointed) basics for young children and elderly adults, and planning for financial and health care decision-making both within and without a “traditional family.” Discussion of the increased preference for non-family members to play such roles—especially when no formal guardian has been chosen, as is often the case with school-age children with no parents and little property, and more and more elderly persons with increasing levels of dementia. There also will be a discussion of the effects of guardian appointments from other jurisdictions, as well as the distinction between a court-appointed guardian and an agent in fact under a power of attorney. How does serving as legal guardian of a minor compare with legal adoption of a minor? When may multiple individuals share such responsibility, as two parents usually do? When may a minor orphan’s relatives or non-relatives have the authority and responsibility to make such decisions?

Lissett C. Ferreira, Esq., Meenan & Associates, LLC, New York, NY

Multinational Property and Family Issues, When Family Members or Property Split Between the USA and Other Countries Which May have Different Legal and Cultural Norms 

This discussion will focus on navigating the complexities of probate and administration for estates involving international parties. An overview will be provided of the traditional probate process for individuals domiciled in New York at the time of their death, who may have owned property in another state or country, and/or whose estate representatives may have to cite parties abroad, to obtain documents executed abroad to use in New York, or to prepare American documents for use abroad. There will also be a discussion focusing on the coordination of estate planning and decision-making for a client who may have an American family, foreign family, American assets, and assets abroad, including the implications of different approaches to citizenship, residency, forced heirship rules, trusts, and income taxation.

Kadeen L. Wong, Esq., Law Office of Kadeen Wong, New Rochelle, NY

Paula M. Jones, Esq., Jones Estate Group, Philadelphia, PA

1.0 Credit in Areas of Professional Practice; 1.0 Credit in Diversity, Inclusion, and Elimination of Bias

11:50 a.m. – 12:00 pm

Q&A