This is a Web site where senior citizens, their families, attorneys, social workers, and financial planners, can access information about elder law, Medicare, Medicaid, Medicaid planning, guardianship, estate planning, trusts and the rights of the elderly and disabled.
This site focuses on New York elder law, New York Medicaid, New York guardianship law, New York estate planning.
On Dec. 13. 2016 the President signed into law Public Law 114-255, the “21st Century Cures Act.” The law contains at Sec. 5007 the FAIRNESS IN MEDICAID SUPPLEMENTAL NEEDS TRUSTS provision.
This law ends an anomaly in the previous law which allowed a self-settled Supplemental Needs Trust to be established by a parent, grandparent, guardian, or court but not by the individual himself or herself.
New York law contains a parallel provision in its Social Services law. It is anticipated there will soon be conforming legislation.
The new federal law corrects a problem in current law that is discriminatory and prohibits individuals with disabilities from establishing their own special needs trusts. Prior federal law and the New York law only allow a grandparent, parent, legal guardian or court of competent jurisdiction to establish a special needs trust. The law incorrectly presumed that disabled individuals were incapable of creating a trust for their own benefit. The presumption was false and prejudicial. This unfair presumption not only prevented disabled individuals from enjoying the same rights and privileges as able bodied persons, but in addition it imposed unnecessary legal fees and costs, court delays, and uncertainty for people who can least afford it.
Goldfarb Abrandt Salzman & Kutzin LLP
For over 20 years the law firm of Goldfarb Abrandt Salzman & Kutzin LLP has advocated for the elderly and people with disabilities. Concentrating in elder law, trusts & estates, and the rights of people with disabilities, we have aided countless families, attorneys, social workers and financial planners.
Our practice concentrates in New York elder law, New York estate planning, New York estate administration, and New York guardianship law.more