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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 […]

New York Legal Resources

February 10th, 2019 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 […]

Ten Biggest Mistakes You Can Make In Your Estate Plan

February 8th, 2019 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 […]

Elder Law Attorneys on the Web

August 26th, 2018 by David Goldfarb

This is a listing of Elder Law attorneys with pages on the Web and does not constitute a recommendation or referral by Goldfarb Abrandt Salzman & Kutzin LLP or SeniorLaw.com. Alabama Davis & Neal (Dothan Opelika, Maontgomery & Mobile, AL) (https://www.epattorneys.com/) Ryan, Hicks, Cumpton & Cumpton, LLP (Huntsville & Mobile, AL ) Sidney C. Summey […]

Medicaid Coverage of Home Care in New York

August 22nd, 2017 by David Goldfarb

Many New Yorkers require home health assistance for a variety of reasons. Some people may need therapy services, others may need bathing assistance or help managing medication, while others may require around-the-clock care by a home health professional.  Whatever type of home care you or a family member may need, however, the cost can be […]

Every effective estate plan should address your end-of-life care as well as what happens after your death. Specifically, your plan should designate individuals who can make decisions on your behalf should you become incapacitated and unable to do so. Such incapacitation can be temporary, such as a coma after an accident, or long-lasting, such as […]

Planning for Children with Special Needs

July 25th, 2017 by David Goldfarb

Seniors often have adult children with disabilities who will likely need a personalized and effective plan in place to protect their interests throughout their lives. Our attorneys regularly assist parents in planning for the future for children with special needs and we are confident that we can provide the highest quality of assistance for you […]

Elder Law & Legal Resources on the Web

March 31st, 2017 by David Goldfarb

Elder Law Related Legal Resources on the Web National Senior Citizens Law Center: Current issues in Medicaid, Medicare, SSI, benefits and eligibility. Resources on Aging by the U.S. Administration on Community Living: Department of Health and Human Services National Academy of Elder Law Attorneys Home Page  The National Council on the Aging National Health Law […]

Will Contests – The Basics

April 19th, 2015 by David Goldfarb

Will contests typically focus on the following three issues: due execution, testamentary capacity, and undue influence. Due execution.   The requirements for due execution in New York are minimal, but important. In New York, with certain exceptions, the testator (the legal term for the person signing his or her will) must sign the will either in […]

New York will apply Medicaid “spousal impoverishment” budgeting rules for home care under the Managed Long Term Care (MLTC) program. New York’s laws on spousal impoverishment budgeting, New York Social Services Law § 366-c(2)(a), was amended in 2013 to include for the purposes of budgeting under the definition an “institutionalized spouse” a person who is […]