Posts Tagged ‘New York’

New York Elder Law

April 2nd, 2014 by David Goldfarb

For over 20 years the law firm of Goldfarb Abrandt Salzman & Kutzin LLP has advocated for 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.   Health Care Coverage Estate Planning including Trusts and Wills […]

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 […]

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 […]

This section of SeniorLaw provides information for Seniors, their advocates & other professionals. Our Resource Page, “Elder Law & Legal Resources on the Web,” links to resources on Elder Law, Elder Care, Government Agencies, Searchable Statutes and Court Decisions, and lots more. Some of it is technical information, but much of it is not. We […]

Information for Attorneys

October 11th, 2013 by David Goldfarb

This section of SeniorLaw provides information for attorneys. The Resource Page, “Elder Law & Legal Resources on the Web,” links to resources on Elder Law, Elder Care, Government Agencies, Searchable Statutes and Court Decisions, and lots more. In “Medicaid & Medicare” we will try to answer questions like “Is there a fraudulent conveyance theory for […]

[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 […]

New Rules For Trustees In New York

September 6th, 2013 by David Goldfarb

On September 4, 2001, Governor Pataki signed into law 2001 N.Y. Laws 243, which made substantial changes to the Estates Powers and Trusts Law. The two most important changes to the EPTL are the powers to make adjustments between principal and income, and the ability to compute income using a “unitrust” computation. Power to Adjust. […]

A supplemental needs trust (“SNT”) enables a person with a disability to maintain eligibility for government benefits (for example, Medicaid and Supplemental Security Income (SSI)). The purpose of the SNT is to enhance the quality of life for a disabled person. Historically, Estate of Escher, 94 Misc. 2d 952, 407 N.Y.S.2d 106 (Surr. Ct. Bronx Cty., […]

Supplemental Needs Trusts For Disabled Persons

September 6th, 2013 by David Goldfarb

A Supplemental Needs Trust is a trust created for a chronically and severely disabled beneficiary which supplements government benefits such as Medicaid rather than diminishing such benefits. Medicaid and other government benefit programs consider the resources and income of an individual for purposes of determining eligibility for assistance and the amount of such assistance. With a Supplemental Needs Trust, […]

New Power of Attorney Law

September 6th, 2013 by David Goldfarb

Chapter 644 of he Laws of 2008 amends the New York General Obligations Law to provide new provisions for power of attorney forms. The law is effective September 1, 2009. SEE ARTICLE ON MORE RECENT REVISIONS. The new law contains major changes relating to both the content and the execution of the form, including an acceptance […]