Pre-Trench tale from the author: The English language unfortunately does not have a simple singular pronoun that does not specify gender. This is my first attempt to use “they/them” in my writing. In 1864, in the poem, Lucrece, Shakespeare wrote, “Every one to rest themselves betake.” So while my request for latitude is neither original nor … Continued

With the 2023-2024 New York State Bar Association Elder and Special Needs Law Section term nearing its end, I want to thank the officers, executive committee, and each of the members of this wonderful section for your participation and energy. It has been a privilege and pleasure to serve as your chair. At our Annual … Continued

We hope everyone is having an enjoyable spring and gearing up for an exciting summer! At the time of this writing, it is early April and our section is preparing for our 2024 summer meeting, which is being held in Montreal, Canada. We hope everyone can join us. Katy and I wish to first and … Continued

Q: Where are you from? A: I was born in Manhattan, but I grew up in New Jersey. Q: Where is your favorite place you have traveled to? A: Israel Q: What led you to work in the field of elder law and special needs planning? A: I fell into it. I concentrated in labor and employment law … Continued

The availability of homecare through Community Based Medicaid in New York (Community Medicaid) is crucial to provide support and care to individuals who: (1) require assistance with activities of daily living and (2) prefer to age in place in the comfort of their own homes or in an assisted living facility (through the Assisted Living … Continued

Ms. S,1 an 82-year-old woman, was referred to the Harry and Jeanette Weinberg Center for Elder Justice at the Hebrew Home at Riverdale, a shelter for older adults experiencing abuse, by her Article 81 guardian due to her 56-year-old son’s neglect, psychological abuse, and financial exploitation. Prior to her shelter admission, Ms. S had been living … Continued

Quite by accident, I recently stumbled upon some very interesting work on the subject of cognitive impairment. The landscape in the area of Alzheimer’s Disease (AD) drug research has been dismal for the longest time. Of all the drug studies that have been done and of the drugs that have made it to market, not … Continued

We have all been there. A client walks into your office and tells you that they have no family. “There has to be a cousin out there somewhere” you say, thinking to yourself that you better set up a trust for this person because probate is going to be a nightmare. “Yes, there is a … Continued

You have been named as executor of the estate of your dear friend. With the assistance of your counsel, you have marshalled the decedent’s assets, filed the estate tax returns, survived an estate tax audit, paid the estate taxes, paid the decedent’s debts and claims, and made partial distributions. You now see an end in … Continued

Contested Article 81 Guardianship cases are becoming both more frequent and more litigious, straining the resources of the court system, petitioners, and the Alleged Incapacitated Person (AIP)/Incapacitated Person (IP)’s estate. There is no other type of litigation where a person, who has done nothing that creates any legal liability, can be brought to court against … Continued