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…

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…

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…

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…

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…

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…

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,…

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.…

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…

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,…