Posts Tagged ‘elder law’

New York State’s 2014 budget bill  added additional due process protections to persons receiving home care under the Medicaid Managed Long Term Care (MLTC) Program.  The bill makes clear that when an MLTC provider determines to eliminate or reduce home care services and a fair hearing is timely requested, then the recipient must continue to […]

Please note, the New York Legislature in its 2018 Budget bill has “carved out” nursing home services from Medicaid managed care. The New York State Department of Health (DOH) has announced that the new date for the transition of nursing home residents into managed care plans is slated to start June 1, 2014 (previously April 1) for new permanent placements in […]

Estate Planning Resources on the Web

February 10th, 2014 by David Goldfarb

Goldfarb Abrandt & Salzman LLP’s Trusts & Estates Articles. ABA’s Wills: Why You Should Have One and the Lawyer’s Role in Its Preparation Should I Have a Will? from Goldfarb & Abrandt LaGuru Internet Law Library: Trusts and Estates Cornell’s State Probate Statutes on the Internet Estate Planning Links National Network of Estate Planning Attorneys […]

Should I Have A Will?

February 9th, 2014 by David Goldfarb

Intestate or Testate A person who dies with a will is said to have died testate. A person who dies without a will dies intestate. In either case, the person who dies is called the decedent, and the property the person leaves at death is called the his or her estate. It is always preferable […]

Reprinted with permission from Trusts & Estates Law Section Newsletter, Spring 2011, Vol. 44, No. 1, published by the New York State Bar Association, One Elk Street, Albany, NY 12207 After nine years of speculation about what would happen to the federal estate tax once its one-year “repeal” disappeared at the end of 2010, on […]

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 […]

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 […]

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 […]

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 […]