WHAT IS A TESTATOR?
A testator ( or testatrix for a female) is a person who has written and executed a last will and testament that is in effect at the time of his/her death.
NY GUARDIAN MAY WITHHOLD FEEDING TUBE
The New York Mental Hygiene Law Article 81 Guardian of a 92-year-old incapacitated person (IP) brought an emergency show cause order to withhold consent to the IP’s intubation with a feeding tube and the granting of “Do Not Resuscitate” and “Do Not Intubate” orders. The IP’s treating physician testified that the IP had mere weeks…
SISTER APPOINTED NY GUARDIAN SUBJECT TO APPROVAL OF ASSET PRESERVATION
Sister filed a petition to be appointed the NY Article 81 Guardian for the person and property of her brother, an alleged incapacitated person. A psychiatrist reviewed nursing home and hospital records, and evaluated him. The doctor opined that he lacked capacity to manage his personal needs and finances, and required the appointment of a…
BROTHER WITH CONFLICT OF INTEREST CAN'T BE APPOINTED NY GUARDIAN
Mr. M. moved to the Bronx, NY from Florida after the death of their parents to care for his sister, a shut-in who had not been outside of her home for 40 years and had not been bathing or changing her clothes. Although he had engaged home care services for her, he could not provide…
POWER OF ATTORNEY REVOKED IN NY
Attorneys Robert Friedman and Michael Ranzenhofer were successful in having a power of attorney revoked. Our client’s mother, while competent, had designated her adult daughter to serve as her power of attorney and health care proxy. The daughter used her mother’s credit cards, automobile and bank accounts for her own personal use. A Mental Hygiene…
REVERSE MORTGAGE VOIDED IN NY
As part of the Art 81 proceeding, petitioner sought to establish that the AIP lacked capacity when she entered into a reverse mortgage and also that she has signed the agreement under duress. The court shifted the burden of proof to the lender to show that the lender has complied with its duty under the…
WHO CAN SIGN THE DEED IF YOU DON'T HAVE POWER OF ATTORNEY IN NEW YORK?
When an “Incapacitated Person” (IP) is no longer able to make certain decisions concerning the management of his or her property and/or health or well-being, the court can appoint a guardian to make these decisions for him or her. Mental Hygiene Law Article 81 ensures that the guardian’s authority is narrowly tailored to do only…
IS LIFE INSURANCE TAX-FREE IN NY?
Life insurance is not entirely “tax-free.” While death benefit proceeds are income-tax-free, they are not estate-tax-free unless the beneficiary is a spouse. Life insurance can be an essential component of estate plans for same-sex couples as it is often an effective way to provide liquidity to satisfy any estate taxes due as a result of…
WHAT ARE THE SUPPLEMENTAL NEEDS TRUSTS (SNTs) IN NEW YORK?
SNTs are legal tools used to help disabled people keep more of their income or assets without losing their public benefits. SNTs were originally invented to allow parents of children with developmental disabilities to provide for them after they grow up without making them ineligible for public benefits (like SSI and Medicaid). Ordinarily, if a…