Publication: Elder and Special Needs Law Journal

Message From the Section Chair

Summer has just started to show its face as I write this message as incoming chair of the Elder Law and Special Needs Section. I am truly humbled to lead such an impressive roster of practitioners. So many of you have helped me become the lawyer I am today and most have never received any … Continued

Member Spotlight: Tammy R. Lawlor

Q: Where are you from? A: Levittown, Long Island. Q: Where is your favorite place you have traveled to? A: Fire Island, New York—we go for a week every summer! Q: What led you to work in the field of elder law and estate planning? A: I knew I wanted to practice elder law since my third year … Continued

Long-Term Care Community Coalition Policy Brief New York’s Direct Care Minimum Spending Ratio—Improved Care for Nursing Home Residents and Accountability for Taxpayer Funds

Introduction On April 7, 2021, a law was passed in New York establishing new requirements for how much the state’s nursing homes must spend on care for their residents and setting forth limits on what nursing homes may spend on other categories of expenses. These requirements, also known as the direct care minimum spending ratio, are intended … Continued

The Legal Nuances of SCPA Article 17-A Guardianships

Many parents of children with developmental disabilities1 or intellectual disabilities2 spend years working to ensure that their children receive the best resources and services available to them. Their tireless advocacy likely began in their earliest days as parents, seeking out early intervention services through the Committee on Special Education (CPSE) evaluation process; arguing with school officials … Continued

Tales From the Trenches

Expanding into a new field of law is both exciting and nerve wracking. Thankfully, there are bar associations at the state, county and city level to join for support, as well as continuing legal education programs available to ease the transition pains and jitters. However, on too many occasions, it appears attorneys with little to … Continued

The Role of Mediation in Article 17-A Guardianships

In 2019, Chief Judge DiFiore and Chief Administrative Judge Marks issued a landmark directive to steer parties in civil cases toward mediation and alternative dispute resolution (ADR) as the first step in a proceeding.1 Those adept in Surrogate’s Court proceedings naturally embrace the benefits of mediation. Surrogates throughout the state refer countless contested probate, administration … Continued

New Member Spotlight : Daniel Miller

Q: Where are you from? A: I’m originally from Wantagh, which is on the south shore of Long Island, but went to college in Delaware, spent five years in Arizona and have been living in Brooklyn for nine years now. Q: Where is your favorite place you have traveled to? A: Maui and Kauai. I … Continued

Message From the Co-Editors

Dear Colleagues and Friends: As this edition of the Journal is being readied for print, the Elder Law and Special Needs Section, under the leadership of its Chair, Deepankar Mukerji, has just completed another successful Annual Meeting. While we unfortunately were unable to see each other in person due to the ongoing COVID-19 pandemic and widespread Omicron … Continued

Message From the Section Chair

I hope this message finds you all well. Unfortunately, many of us are still living in our bubbles; however, we all look forward to a time when we can all break out and safely venture forth. After two successful live events, we were back to the virtual world for the Annual Meeting in January. Although, … Continued