A guardianship proceeding seeks a court determination as to whether an individual is incapable of handling their own financial and/or personal needs and, if not, to appoint a guardian to act on behalf of the individual. Such a proceeding is both costly and time-consuming. You can expect a guardianship proceeding to cost thousands of...
Author: berwitzandditata
The Importance of Documenting Loans to Family Members for Estate and Medicaid Planning
With today’s rising cost of living and uncertain economy, circumstances arise in which family members might need to rely on each other for financial assistance. Parents may decide to lend children money to help them buy a home, car or other large purchase, to get out of debt or to start a business or financial...
The Health Care Proxy and the Living Will
It is not unusual for people to misunderstand the purpose and intent of a living will – not to be confused with a last will and testament. In fact, when we review estate planning documents with our clients before they execute them, we are often asked about the differences between health care proxies and living...
Guardianship- Different Strokes for Different Folks Part 1
Guardianship — Different Strokes for Different Folks Article 81 Guardianships In our last issue of “A Step Ahead,” we provided information regarding Article 17 and 17-A guardianships. In this issue, we will address the “other” New York guardianship proceeding, the Article 81 guardianship. First, it is important to remember that estate planning is not...
Guardianship- Different Strokes for Different Folks Part 2
Generally speaking, guardianship is a legal relationship, authorized by a Court, under which one person, the “guardian,” has the right and duty to care for another, the “ward,” and/or their property. In New York, there are three (3) different types of guardianship proceedings, each suited to a different set of circumstances. Article 17 of...
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Moving Tips – Making Your Move Trouble Free
Americans move from one home to another for a variety of reasons. They want to upsize, downsize, be closer to family and friends, seek a more desirable design or layout, or accommodate changing medical or physical needs. As people age, the likelihood of a move increases and it’s important to have reasonable expectations, be alert...
Use New Technology To Protect Your Critical Records
Though retirees are likely to have the greatest number of critical records – and might need access to many of them on short notice – for instance, if a Medicaid application must be prepared – they are the least likely to understand and know how to take advantage of new tools that are available to...
Thinking Ahead: Senior Living Arrangements
We recently participated in an elder care meeting at which one of the speakers quipped: “Be kind to your children, they will select your nursing home!” While it was intended as dark humor, it can also serve as a call to action. We won’t avoid the aging process. We may as well resign ourselves to...
Signing Nursing Home Admission Agreements
When a loved one is admitted to a nursing home, in addition to helping your loved one accept the changes that have occasioned the move and managing the details involved in the move, you are often requested, by the nursing home, to sign documentation. Nursing home admission agreements can be complicated and confusing. What do...