Articles for Attorneys

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 […]

Far too often, parents and guardians of children with disabilities are confused and overwhelmed when faced with decisions regarding their children’s educational future. The sheer breadth of acronyms alone can be intimidating, even though school districts are required to provide parents and guardians with a booklet detailing their rights under Federal and state law, known […]

Elder Abuse Resources

January 30th, 2014 by David Goldfarb

Administration on Aging of the Department of Health & Human Services National Center on Elder Abuse American Bar Association: Commission on Legal Problems of the Elderly Elder Abuse Resource Page The nursing home abuse and neglect resource center for the elderly and their families New York State Elder Abuse Coalition National Coalition Against Domestic Violence […]

Couples, where one person is receiving Medicaid home care through the Managed Long Term Care program will be able to use the “spousal impoverishment” budgeting rules or the old community based budgeting rules – whichever is more favorable. On Sept. 24, 2013, New York State Department of Health announced that “spousal impoverishment protections” are available […]

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 […]

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. […]

While almost everyone is aware that there has been a purported “repeal” of the Federal Estate Tax effective in 2010 (but only for 2010 absent Congressional action), the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA” or the “2001 Act”) also made several significant changes to the generation-skipping transfer tax provisions. Like the Federal Estate […]

The Homestead and Medicaid Planning

September 6th, 2013 by David Goldfarb

New York Medicaid Attorneys Don’t make a mistake with Medicaid eligibility, contact a New York elder law attorney with knowledge of Medicaid law.  Goldfarb Abrandt Salzman & Kutzin LLP is a law firm that handles New York Medicaid cases. Table of Contents The Homestead as an Exempt Resource Dealing with the Home as an Illiquid […]