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 NursingHomeAlert.com: 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 […]
Senior Legal Hotlines
January 26th, 2014 by David Goldfarb
There are 20 Statewide across the United States. Most offer free legal telephone advice to persons over 60. The Pennsylvania and Florida Hotlines charge. Senior legal hotlines are in the following states: Pennsylvania, Washington D.C., Maine, Florida, West Virginia, Michigan, Texas, Ohio, New Mexico, Puerto Rico, California , Hawaii, Kansas, Mississippi, West Virginia, Georgia, Iowa, […]
Breaking News: New York will apply new Medicaid budgeting rules for home care.
January 22nd, 2014 by David Goldfarb
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 Seniors, their Advocates & other Professionals
October 11th, 2013 by David Goldfarb
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 […]
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 […]
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. […]
2001 Amendments to Generation-Skipping Transfer Tax Provisions Necessitates Trust Reviews
September 6th, 2013 by David Goldfarb
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 […]
Supplemental Needs Trusts and Their Impact on Medicaid and SSI Eligibility
September 6th, 2013 by David Goldfarb
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., […]
