Posts Tagged ‘elder law’

New York State’s 2014 budget bill  added additional due process protections to persons receiving home care under the Medicaid Managed Long Term Care (MLTC) Program.  The bill makes clear that when an MLTC provider determines to eliminate or reduce home care services and a fair hearing is timely requested, then the recipient must continue to […]

The New York State Department of Health (DOH) has announced that the new date for the transition of nursing home residents into managed care plans is slated to start June 1, 2014 (previously April 1) for new permanent placements in the downstate area. Effective June 1, 2014, in NYC, Nassau, Suffolk and Westchester counties all eligible beneficiaries age 21 and over, […]

Article 81 of New York’s Mental Hygiene Law authorizes a court to appoint a guardian to manage the personal and/or financial affairs of a person who cannot manage for himself or herself because of incapacity[1]. Not all Article 81 guardians (hereinafter “guardians”) in New York have the same powers. Guardianship orders are specifically tailored so […]

Estate Planning Resources on the Web

February 10th, 2014 by David Goldfarb

Goldfarb Abrandt Salzman & Kutzin LLP’s Trusts & Estates Articles. ABA’s Wills: Why You Should Have One and the Lawyer’s Role in Its Preparation Should I Have a Will? from Goldfarb & Abrandt LaGuru Internet Law Library: Trusts and Estates Cornell’s State Probate Statutes on the Internet Estate Planning Links National Network of Estate Planning […]

New York Legal Resources

February 10th, 2014 by David Goldfarb

New York Laws, Regulations & Policies N.Y. Consolidated Laws, Session Laws, Legislative Bills N.Y. Health & Welfare Regulations: Title 10 Title 18 New York Medicaid Reference Guide (MRG) Official Policies (ADM, INF & GIS): 1996 – present NYS DOH Medicaid Library of Official Documents (ADM, INF & GIS): 1996 – present Medicaid Policy Directives to […]

Should I Have A Will?

February 9th, 2014 by David Goldfarb

Intestate or Testate A person who dies with a will is said to have died testate. A person who dies without a will dies intestate. In either case, the person who dies is called the decedent, and the property the person leaves at death is called the his or her estate. It is always preferable […]

Reprinted with permission from Trusts & Estates Law Section Newsletter, Spring 2011, Vol. 44, No. 1, published by the New York State Bar Association, One Elk Street, Albany, NY 12207 After nine years of speculation about what would happen to the federal estate tax once its one-year “repeal” disappeared at the end of 2010, on […]

Ten Biggest Mistakes You Can Make In Your Estate Plan

February 8th, 2014 by David Goldfarb

Writing a “Top Ten” list for mistakes in an estate plan is especially challenging, as there are a myriad of mistakes that people, and their planners, can make. But in my years of being involved in all aspects of estates – from the drafting of wills, to administering estates after someone dies, to fighting in […]

Most People Should Sign A Health Care Proxy Form If you are like most people, it is a better idea to sign a health care proxy form rather than to rely on the laws of the State of New York to determine who would make health care decisions for you if you became mentally incapacitated. […]

The Family Health Care Decisions Act

February 4th, 2014 by David Goldfarb

A New Law Permits Health Care Decisions 
to Be Made For Incapacitated People in New York 
Who Have Not Signed a Health Care Proxy On March 16, 2010, Governor David Paterson signed into law the Family Health Care Decisions Act, effective June 1, 2010, which for the first time will permit family and/or friends to […]