Issue: 2022 Vol. 32 No. 1

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

Member Spotlight: Sara Meyers

Q: Where are you from? A: I grew up in New Rochelle, New York and live in White Plains with my family. Q: Where is your favorite place you have traveled to? A: My parents have a house in the Hillsdale, New York in Columbia County. It’s our getaway. I’m an early riser and love … Continued

Fall Meeting Recap

The highlight of the fall season was the in-person meeting of the Elder Law and Special Needs Section. The meeting was held October 28-29 in Tarrytown, New York and was well attended by Section members. I was pleased to co-chair the meeting with Lindsay Heckler and we took great pride in seeing Section members back … Continued

Creating the New Normal for Health Care Directives

As elder law attorneys, we often encourage our clients to plan for their future medical care. Our namesake is well deserved; historically, the clientele most often serviced by such counseling has been the elderly. But . . . maybe it’s time this changed. Maybe, by the devastating impact of COVID-19, we have learned that a person’s potential health … Continued

A Response to “Alternatives to Eviction”: Protecting Against Misuse of the Mental Hygiene Law and the Importance of Least Restrictive Alternatives

The Mental Hygiene Law was created by the New York State Legislature to support and protect individuals with mental illness and other mental disabilities; the various statutory provisions act as a shield against the potential for overreach. Those same legislative protections should never be used as a sword against those they are designed to protect. … Continued

A Recap on Last 30 Years: Mental Hygiene Law Article 81

This article is presented as a “free wheeling” conversation between Arthur M. Diamond, former New York State Supreme Court justice and supervising guardianship judge in Nassau County (retired), and Danielle M. Visvader of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, former co-chair of the NCBA Elder Law Committee, on the practical pluses … Continued