By Daniel G. Fish | November 16, 2022
New York state's home care program has kept many seniors at home and out of nursing homes. It is a humane and cost effective approach to long-term care. The logic behind the 30-month "look-back" period for Medicaid home care is suspect.
5 minute read
By Raychel Lean | September 12, 2022
"I am of the opinion that the infrastructure for providing long-term care services and supports in the U.S. is failing our elderly population and people with disabilities in a significant way," said Cozen O'Connor partner Howard Krooks.
9 minute read
By Daniel G. Fish | August 9, 2022
There is little statutory guidance in New York state for a notary who is attempting to notarize a document by mark for a disabled individual. This article looks at the legal quandaries that may arise with a client who cannot write out his or her name or is otherwise unable to sign a document and also addresses the idea of notarization by mark or notarization by proxy in New York state.
5 minute read
By Lindsay H. Gill | August 9, 2022
In this article, Lindsay H. Gill discusses red flags that may help advocates spot fraud and mismanagement, as well as the techniques investigators use to uncover evidence to determine whether fraud has occurred.
7 minute read
By Ellen S. Morris | August 4, 2022
Your client is the trustee or the beneficiary of a irrevocable trust and wants to change or terminate it. What if the other beneficiaries or the trustee don't agree to the change or termination? Well, then you can't use a nonjudicial settlement agreement under Florida Statute 736.0111, so what can be done now?
6 minute read
By Adolfo Pesquera | July 6, 2022
Most former clients lost life savings or assets valued in six or seven figures, court filings allege. Law firms from across Texas have been drawn in to represent them.
5 minute read
By Allison Dunn | June 29, 2022
A Connecticut district court judge rejected Yale New Haven Hospital's arguments against turning over additional documents to the U.S. Equal Employment Opportunity Commission regarding medical practitioners over age 70 who were allegedly "directed to submit" to neuropsychological and ophthalmological testing.
5 minute read
By Allison Dunn | June 28, 2022
A Washington, D.C., attorney who admitted to negligently misappropriating an elderly client's funds while serving as a court-appointed conservator has received a reciprocal seven-month suspension in Maryland and Virginia.
4 minute read
By Daniel G. Fish | May 11, 2022
More than lofty goals, the GDI has produced concrete steps to try to ensure that subjects of guardianship proceedings are being represented by attorneys who mirror their experience.
6 minute read
By Ira S. Slavit | May 3, 2022
New York Public Health Law §2801-d provides a private cause of action for nursing home residents injured as a result of any deprivation of their rights that cause an injury. This article addresses the question of whether a PHL 2801-d claimant must demonstrate some level of cognitive awareness that he or she was deprived of the right as a prerequisite to recover noneconomic damages. The First and Third Departments of the Appellate Division split on this issue in decisions handed down in 2021. The First Department answered "yes," and the Third Department "no."
8 minute read
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
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