Issue: 2023 Vol. 33 No. 2

Using a MHL Article 81 Guardianship To Foil Scammers

“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 Role of the District Delegate

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

State of Estates

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

Partnering With Health Care Professionals on Medicaid Appeals

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

Notary Requirements – New and Old

[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

New Member Spotlight: Kristen Casper

Q: Where are you from? A: Oakfield, New York – a small town in Western New York. Q: Where is your favorite place you’ve traveled to? A: Aruba, as it’s the only place I’ve traveled to out of the country. Q: What led you to work in elder law? A: I worked with Glenn Witeck toward the end of … Continued

Message From the Section Chair

What a start to the 2023-2024 NYSBA Elder and Special Needs Law term. Thank you to this wonderful section for this opportunity to serve as your chair. We are gearing up for our fall meeting, which will be held October 19 and October 20 during the beautiful peak fall foliage season at the Gideon Putnam … Continued

Message From the Co-Editors

We hope everyone has had an enjoyable summer and is enjoying the (hopefully) beautiful fall weather. At the time of this writing, it is early August and our section is just returning from our annual summer meeting. This year’s summer meeting was held in Philadelphia, PA. Please be sure to read the Summer Recap by … Continued

Member Spotlight: Stella King

Q: Where are you from? A: I grew up in Westchester County, went to college in Boston, and then moved to New York City after graduation. I continued on to law school in Long Island, and I’m now back in Westchester – everything comes full circle! Q: Where is your favorite place you have traveled … Continued

Elder Law and Special Needs Section. Summer 2023 Meeting.

The Elder Law and Special Needs Section summer meeting took place Thursday, July 20, 2023 through Saturday, July 22, 2023 at the Logan Hotel in Philadelphia. The meeting was co-chaired by Tammy R. Lawlor and Richard A. Marchese and included many discussions for both seasoned and newly admitted attorneys. The goal of this year’s meeting … Continued