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Update on Supported Decision Making in New York State
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…
Who Me? Do I Really Need to Plan?
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…
Getting the Most from Your Long-Term Care Insurance Policy
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…
Article 81 Guardianship Litigation: Removing a Guardian
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…
Initial Referrals to the Committee on Special Education
by Arshi Pal, Esq. The pandemic has been a real eye-opener for many parents. As we transitioned to remote learning, many parents became part-time instructors to ensure that their children engaged in instruction and completed assignments. Many parents witnessed firsthand the struggles their children were having with paying attention, completing assignments, understanding concepts and communicating…
Recognizing Mental Illness Awareness Week
by Marion M. Walsh, Esq. In 1990, Congress officially established the first full week of October as Mental Illness Awareness Week. The week runs through Sunday, October 10, which is World Mental Health Day. Mental Illness Awareness Week assumes more relevance today than ever, due to challenges raised by the pandemic and increased isolation and…
What Parents Need to Know About New York State’s Diversity, Equity and Inclusion Policy
By Marion M. Walsh, Esq., Littman Krooks LLP As the school year begins, school districts in New York State will be examining new policies on Diversity, Equity and Inclusion (DEI) and parents should be aware of these policies. As a first step, in April 2021, the Board of Regents released a draft Framework on Diversity,…
Potential Litigation Under the General Obligations Law
By Joel Krooks, Esq., Littman Krooks LLP A Power of Attorney is a very powerful legal document that allows a person (referred to as a principal) to appoint another person (referred to as an agent) to assist with the principal’s finances on their behalf. Often, spouses, children or siblings act as agents for the principal.…
New York State Issues School Reopening Guidance
By Sandi Rosenbaum, Special Education / Special Needs Advocate As schools reopen in the coming weeks, all have worries about the COVID-19 virus and its highly transmissible Delta variant. School administrators continue to plan for the safety of students and school personnel and develop new policies and protocols amid continuing concerns about the COVID-19 virus…
New York Medicaid Applications and the Unlicensed Practice of Law
By Brian L. Miller, Esq., Littman Krooks LLP Recently, the New York chapter of the National Academy of Elder Law Attorneys (NAELA) proposed legislation in Albany regarding the unlicensed practice of law surrounding Medicaid applications submitted by non-attorneys. While federal regulations allow non-attorneys to prepare and submit routine Medicaid applications on behalf of an applicant,…