Update on Supported Decision Making in New York State

By admin-clm | November 16, 2021 |
Father with adult son in park

From recent experience in New York guardianship courts on applications where individuals with intellectual and/or developmental disabilities may have some higher functioning capabilities, I find judges are often frustrated with the current 17-A guardianship law as it cannot be tailored to an individual’s needs and supports to enable them to retain certain autonomy and decision-making rights. While…

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Who Me? Do I Really Need to Plan?

By Bernard A. Krooks | November 9, 2021 |
Multi-generation family together on couch

It is not uncommon for younger family members to accompany a parent or other relative to an estate planning or elder law consultation with one of our attorneys at the firm. I have often observed that many of our clients are motivated to take action due to a family crisis. For example, dad had a stroke and…

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Getting the Most from Your Long-Term Care Insurance Policy

By Laura Brancato | October 20, 2021 |
Senior woman reading newsletters on laptop

By Laura Brancato, Esq., During a new estate planning consultation, I will always ask my client whether they own a long-term care (LTC) insurance policy. Whether a client has funds set aside through such policy to offset their long-term care needs is an important part of creating an appropriate and sound estate plan. It is our practice to review…

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Article 81 Guardianship Litigation: Removing a Guardian

By Stephanie L. Goldstein | October 14, 2021 |
Family With Senior Parents And Adult Offspring Walking And Talki

By Stephanie L. Goldstein, Esq. A guardian has been appointed for you.  What happens if you don’t like your guardian?  Guardianships, or conservatorships as they are referred to in some states, have come under intense scrutiny in light of the Britney Spears conservatorship.  There are numerous elements to Spears’ conservatorship to explore, including requesting authority…

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