Office for Civil Rights Reminds School Districts of Important Obligations in Ongoing Pandemic
by Marion M. Walsh, Esq. The Office for Civil Rights of the U.S. Department of Education (“OCR”) has delivered a Report on the disparate impacts of COVID-19 on students in K-12 and in higher education, Education in a Pandemic: The Disparate Impacts of COVID-19 on America’s Students (“Report”). Not surprisingly the Report concludes that the…
Important 2022 Updates Regarding Estate Taxes, Medicare and Medicaid
By Brian L. Miller, Esq. With a new year upon us, we have new changes to the federal estate and gift tax limits, Medicare premiums, deductibles and co-insurance amounts for Medicare Part A and Part B programs, and the New York State Medicaid asset and income limits. FEDERAL ESTATE AND GIFT TAX LIMITS As of…
The Realities of Health Care Advance Directives
By Joel Krooks, Esq. Recently, the Uniform Law Commission formed a new committee to review the Uniform Health Care Decisions Act (UHCDA). Although, New York is not one of the states that follows the UHCDA, the potential changes the committee is discussing brings important issues to light. The states that do follow the UHCDA are…
Update on Supported Decision Making in New York State
By Amy C. O’Hara, Partner 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…
Who Me? Do I Really Need to Plan?
By Bernard A. Krooks, Certified Elder Law Attorney 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…
Getting the Most from Your Long-Term Care Insurance Policy
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 any policies our clients…
Article 81 Guardianship Litigation: Removing a Guardian
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 to hire an attorney, removing…
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,…
