Upon good authority, we are past the solstice and spring has sprung. Hopefully, you will be able to use the extra hours of daylight to consider some interesting cases and a new statutory provision involving: malpractice by the attorney for an estate being found in connection with his representation of the fiduciary based on his … Continued

Q: Where are you from? A: I grew up in Dansville, New York, but I currently live in Rochester, New York with my fiancée. Q: Where is your favorite place you’ve traveled to? A: In 2021, my fiancée and I traveled to Iceland for eight days. We rented a small camper van and traveled around the entire country. … Continued

One year. How can it have been a full year already? It simply doesn’t seem possible. As I sit and reflect on my time at the helm of our section, I can honestly and humbly say that it was my privilege, my honor, and my pleasure to serve you, my colleagues and my friends. I … Continued

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