A popular Medicaid planning strategy in the past has been transferring a home to children, while reserving a “life estate” interest on the deed. The grantor-owner would be the “life estate holder” and the children would be the “remaindermen,” becoming the outright owners upon the death of the grantor. The value of the retained life … Continued
Over the past few years, courts have considered various issues involving elderly individuals and those with special needs. These issues included, among others, special needs trust (SNT) distributions, housing for the mentally ill and third-party liability for nursing home payments. Here’s a rundown of some of those recent court decisions. Special Education Advocacy Can a … Continued
With the 2023-2024 NYSBA Elder and Special Needs Law term well underway, I want to thank each of the members of this wonderful section for your participation and energy. It is a privilege to serve as your chair. Our fall meeting, held Oct. 19-20 during the beautiful peak fall foliage season at the Gideon Putnam … Continued
We hope everyone had an enjoyable holiday season and we wish you a happy and healthy New Year. Katy and I are excited for 2024 and are looking forward to continuing to receive robust and interesting articles from you. Our next edition will be published in spring of 2024. Submissions will be due by March … Continued
Q: Where are you from? A: I grew up in Baldwin in Nassau County, New York and currently live in Tuckahoe in Westchester, New York. Q: Where is your favorite place you’ve traveled to? A: Greek Islands. The food was incredible and the views were stunning. Q: What led you to work in Elder Law? A: I always … Continued
“Elder Abuse Is Spreading, Stoked by the Pandemic – Seniors Fall Victim to Fraud, Physical Violence and Neglect,” was a recent Wall Street Journal front page article. The COVID-19 pandemic has brought to light the vulnerability of isolated seniors. In the past two years, the number of financial scams against seniors has skyrocketed.1 The following hypothetical … Continued
The district delegate is the active liaison between the Executive Board of the Elder Law and Special Needs Section (ELSN), Elder Law and Special Needs attorneys, and the Elder Law committees of the county bar associations in the district. District delegates serve three-year terms, and their role is to increase participation and membership of local … Continued
By now the extreme heat should have passed and a cooler clime should be upon us, perfect for spending some time perusing some interesting cases involving: Whether interested parties state a cause of action for fraud to invalidate a trust, when the alleged relied upon false statements were made to the decedent, not to the interested … Continued
Article I Introduction Legal advocates working in health care law often face obstacles when it comes to understanding the medical details of their clients’ cases. This was a problem that I experienced first-hand when I externed at Community Health Advocates (CHA), a group that helps people who are having difficulty obtaining health insurance benefits, during … Continued
[Parts of this article are adapted from a presentation at the Elder Law and Special Needs Section Summer 2023 Meeting]. Types of Notarial Acts There are basically two types of notarial acts: (1) acknowledging someone’s signature with an acknowledgement and (2) administering an oath and signing a “jurat.” Certificate of an Acknowledgment The authority for … Continued