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By Roxanna E. Hammett | March 26, 2020
Although estate planning attorneys cannot be expected to be physicians capable of diagnosing medical conditions, they do need to look for signs of diminished capacity among older clients.
1 minute read
By Robert Storace | February 19, 2020
Connecticut legislators will discuss an aid-in-dying bill this year, as proponent and opponents draw battle lines, and brace for litigation.
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By Daniel G. Fish | February 13, 2020
In a significant and constructive development, the New York State Department of Health (DOH) has confirmed that it will advise local Medicaid districts to no longer impose a restrictive Medicaid position that unnecessarily forced seniors into nursing homes. Daniel G. Fish discusses in this edition of his Elder Law column.
1 minute read
By Tara Anne Pleat, Chair, Elder Law and Special Needs Section | January 24, 2020
Tara Anne Pleat, Chair of the NYSBA Elder Law and Special Needs Section, discusses the importance of delineating those who are qualified to provide advice in this arena in order to protect the public interest and to protect the integrity of the legal profession.
1 minute read
By Dylan Jackson | January 24, 2020
The Markowitz Ringel Trusty + Hartog partner laments that the elderly are frequent victims of fraud and loneliness and says "people have just got to care."
1 minute read
By Annie Mrazik | January 10, 2020
With homeownership being increasingly inaccessible for low-income individuals, it is more imperative than ever for homeowning families to retain this asset.
1 minute read
By Beth Shay, Kate Dugan and Kate DiVasto | November 22, 2019
To many older Americans, a reverse mortgage seems like an attractive financial product to help them afford increased living and heath costs while staying in their family home.
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By Daniel G. Fish | November 14, 2019
The Social Security Administration has created great uncertainty for attorneys who only draft supplemental needs trusts, but do not represent clients before the agency. In his Elder Law column, Daniel Fish discusses a new transmittal that could be interpreted to mean that such attorneys must have their fees approved in advance or be subject to criminal penalties.
1 minute read
By Cheryl Miller | September 5, 2019
Gov. Gavin Newsom on Wednesday signed into law Assembly Bill 330, which is projected to generate an additional $11 million per year for the Sargent Shriver Civil Counsel program.
1 minute read
By Daniel G. Fish | August 15, 2019
In his Elder Law column, Daniel Fish discusses a new rule that requires local Medicaid offices to reject enrollment in a pooled income trust made under a power of attorney lacking a statutory gift rider. The rule will have the effect of causing unnecessary nursing home placements, and the legal basis for the directive is highly questionable.
1 minute read
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