Posts Tagged ‘guardian’
Health Care Decision Making for Incapacitated People Who Have Not Signed a Health Care Proxy
February 5th, 2019 by David Goldfarb
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 Advantages and Pitfalls of “Professional Guardians”
July 27th, 2018 by David Goldfarb
When you think of a guardian of an incapacitated adult, you likely first think of an adult child or another close family member who will care for the adult. However, in some cases, a guardian may be a non-relative appointed by the courts. In many states, these are referred to as “professional guardians.” While New […]
New York’s Family Health Care Decisions Act
January 20th, 2014 by David Goldfarb
On March 16, 2010, New York’s Governor David Paterson signed the Family Health Care Decisions Act (FHCDA) into law. The FHCDA allows family members to make health care decisions, including decisions about the withholding or withdrawal of life-sustaining treatment, on behalf of patients who lose their ability to make such decisions and have not prepared […]
Beyond the Statutes: Courts Add Criteria for Supplemental Needs Trusts
October 1st, 2013 by David Goldfarb
[For a more up-to-date article see “Supplemental Needs Trusts and Their Impact On Medicaid and SSI Eligibility“] A number of courts have fashioned criteria not found in the statutes [1] for Supplemental Needs Trusts (SNT’s) where court approval is required or sought. Court approval may be required or sought for establishing an SNT in a number of […]
