New York Independent Assessor (NYIA)
What is the New York Independent Assessor (NYIA)? Medicaid is implementing a change in the way assessments are done for community home care benefits. This …
Elder Law
Medicaid Asset Protection Trust
Medicaid Asset Protection Trust Pros and Cons What is a Medicaid Asset Protection Trust? A Medicaid Asset Protection Trust (MAPT) is a vehicle used to …
Can a Guardian Sell Property?
Can a Guardian Sell Property? Can a Guardian sell property belonging to his ward? Typically, such sale is subject to Court approval. Consider the following …
Supplemental Needs Trusts
Supplemental Needs Trusts (also known as special needs trusts) are Trusts which allow a beneficiary with a disability to receive inheritances, gifts, lawsuit settlements, or …
Medicaid Pooled Income Trust
A Medicaid Pooled Income Trust allows an individual to divert their excess income. In order to qualify for Medicaid in New York, an individual must …
Permission to Place Incapacitated Person in a Nursing Home
After a Guardian is appointed by the Court, that Guardian may need permission to place the incapacitated person in a nursing home. This can occur …
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Inheriting From Your Nonmarital Father
How Can you Inherit From Your Nonmarital Father? Last week Alice’s father died. Alice sought to become the Administer of his estate. Alice also wanted …
What Happens at a NYC Article 81 Guardianship Hearing?
An Article 81 guardianship proceeding is initiated by filing an Order to Show Cause and Verified Petition with the Supreme Court in the County where the alleged incapacitated person (“AIP”) resides.