SISTER APPOINTED GUARDIAN FOR 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…

Saving Your Home With Medicaid in Buffalo

Saving Your Home With Medicaid in Buffalo If you require nursing home care, your home can be transferred to certain relatives without disqualifying you from Medicaid. The five-year look-back period does not apply to transfers of your primary residence to: Your spouse and minor, disabled or blind children. Your sibling with an equity interest who…

NY MEDICAID ESTATE RECOVERY LAW REPEALED

Over the past year, you may have heard about Medicaid recovery against a deceased nursing home patient’s jointly held property, retained life estates and interests in trusts. 2011 state legislation, administrative directives and emergency regulations expanded the definition of the “estate” that was subject to recovery by Medicaid to non-probate assets. That law was recently…

Why Should I Hire a Buffalo Estate Planning Attorney Instead of Using Online Forms?

Why Should I Hire a Buffalo Estate Planning Attorney Instead of Using Online Forms? The New York Estate Planning attorneys at Friedman & Ranzenhofer, PC  will: Carefully listen  to your goals and desires and incorporate them into your estate plan. Offer advice, not just words on paper. Refer you  to other trusted professionals. Make sure…

NEW YORK ESTATE, TRUST, AND ELDER LAW

While I’m attending social events in New York, I introduce myself as a New York Estate and Elder Law Attorney and I’m often asked “What is Elder Law?” Typically I respond that Elder Law is a somewhat new field of law that centers its attention on family issues, financial, legal, medical and social issues for…

HOW DOES A LATER GUARDIANSHIP AFFECT A NEW YORK DURABLE POWER OF ATTORNEY?

The appointment by the Court of a New York guardian does not revoke a durable power of attorney. Therefore, the agent may continue to exercise the powers granted by the durable power of attorney as if there were no guardian. If there is suspicion that the power of attorney was made while the principal was…

WHAT IS A NEW YORK “SPRINGING” POWER OF ATTORNEY?

The powers and responsibilities granted under a power of attorney normally become effective immediately when the document is signed. The “springing” power of attorney is designed to become effective only when the principal becomes incapacitated or upon the happening of a contingency. A power of attorney may be effective at a future time or upon…

SHOULD MY NEW YORK DURABLE POWER OF ATTORNEY BE RECORDED AT THE COUNTY CLERK’S OFFICE?

It is usually unnecessary to record the power of attorney. Only if a deed or other document is being recorded with the agent’s signatures. By filing a durable power of attorney with the County Clerk’s office for a small fee, you will be safeguarding against the loss of the document and you will ensure that…

HOW MANY COPIES OF MY NY DURABLE POWER OF ATTORNEY NEED TO BE SIGNED?

Only one original needs to be signed to make a legally binding durable power of attorney. Many banks and financial institutions require a certified copy before they will do business with your agent on your behalf. You can obtain certified copies of your power of attorney by filing (recording) it with the County Clerk and…