I am truly honored to begin my term as the incoming chair of the Elder Law and Special Needs Section this coming June. Having been an active member of this section for many years, I have had the opportunity to meet and collaborate with so many wonderful colleagues. The camaraderie between the members of our … Continued
Dear Colleagues and Friends: As this edition of the Journal is being readied for print, Lauren Enea is welcoming the newest member of her family, James, and the Elder Law and Special Needs Section is gearing up for our summer meeting, which will take place from July 20-22 in Philadelphia. We hope to see you there. In this edition … Continued
Q: Where are you from? A: Rush, New York, in southern Monroe County. Q: Where is your favorite place you have traveled to? A: Montreal, Canada. Q: What led you to work in the field of elder law and estate planning? A: I was fortunate to have worked at an elder law clinic in law school, which piqued … Continued
Handling Medicaid appeals has become an increasing part of the elder law practice lately. In recent years, federal and state regulations have provided opportunities for Managed Long Term Care Plans (MLTC or plans) to delay increasing care hours to home care recipients who need more care, and they have given the plans more latitude in … Continued
For most elder law attorneys, litigation is uncharted territory, full of fret and worry. I was an assistant public defender for 10 years in Rochester, New York, and had the privilege and responsibility of representing indigent individuals who was charged with committing a criminal offense. I tried over 70 cases (including nine murder trials) and … Continued
Can You Obtain an Accounting by an Agent Under Power of Attorney? Yes. You are entitled to an accounting by an agent under Power of Attorney. Pursuant to New York General Obligations Law § 5-1505(2)(1), an agent under a Power of Attorney has a duty to the principal (the person who executed the Power of … Continued
Q: Where are you from? A: I grew up in Eastchester, just north of New York City in lower Westchester County. It was a small community back then, heavily Italian with a mix of others. I live in White Plains now. Q: Where is your favorite place you have traveled to? A: My wife and … Continued
The COVID-19 pandemic caused many Americans who reside in large cities to purchase vacation homes in places that are less congested or otherwise considered vacation areas. For example, many New York City residents purchased homes in the Hamptons, the Jersey Shore, the Adirondacks and even more distant places such as Florida and Arizona to escape … Continued
Out of the innumerable topics that elder law attorneys provide counsel on, none may be more publicized than organ donation. Our clients have been exposed to the spectrum of TV commercials, social media memes, DMV press releases, heart-warming Hallmark style movies, and yes, heart-wrenching black-market thrillers as well. As a practitioner, are you ready to … Continued
The Elder Law and Special Needs Section met this past summer in Washington, D.C. for its annual summer meeting. The meeting took place from July 14 to 16 at the historic Willard Intercontinental Hotel. I was honored to co-chair the meeting along with Lauren Enea and David Goldfarb, who regaled the audience with some historical … Continued