Recent Publications - Elder Law


Medical Aid in Dying Is Now Legal in NY
February 18, 2026 | Health Services

On February 6, 2026, New York Governor Kathy Hochul signed the Medical Aid in Dying Act (MAID), making New York the 13th state to adopt similar legislation along with the District of Columbia. MAID has created a new Article 28-F to the New York Public Health Law, which will be effective August 5, 2026.

What

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New York Electronic Wills Act Enacted, Not Yet Effective
January 26, 2026 | Trusts & Estates

On December 12, 2025, Governor Hochul signed the New York Electronic Wills Act into law (the “EWA”).[i] Per the terms of the EWA, the legislation takes effect on June 10, 2027 (i.e., 545 days from its enactment), and will be codified as a new Section 3-6.1 et seq. of the New York Estates, Powers and

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Elder Law Is for Everyone Part 2: Medicaid Homecare
December 5, 2025 | Elder Law

Often, people with long-term medical or cognitive conditions that limit their ability to manage their daily care need in-home assistance. Since home care typically costs between $25 and $35 an hour, without long-term care insurance, home care is unaffordable or financially devastating for many.

Subject to eligibility, New York Community-based Medicaid (Homecare) is a solution.

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The Changing Face of New York’s Medicaid Homecare Program Cuts Deep
August 22, 2025 | Elder Law

New York State’s Medicaid Homecare program pays for in-home personal care services. New York’s program has long been the best in the country.  One underlying policy behind the program was that people should have every opportunity to remain in the community.  A community focus provides two benefits: the social benefit derived from keeping people independent

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Elder Law Is for Everyone Part 1: Long-Term Care Planning
August 6, 2025 | Elder Law

Notwithstanding the concept of a “youth culture,” we all want the chance to grow old and live life on our terms, which takes thoughtful planning. Elder law planning is as important as having a healthy lifestyle and planning for retirement.

Elder law planning combines traditional estate planning, planning to maintain control of financial and personal

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Quick Bites: Special Needs Planning
June 16, 2025 | Trusts & Estates

If you have a loved one with special needs, you know that caring for him or her can, at times, feel totally overwhelming. Presumably, you have retained an attorney to guide you through the special education process in your district. Now it is time to consider meeting with a special needs planning attorney to ensure

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Directed Trusts in the Context of Special Needs Planning
April 24, 2025 | Trusts & Estates

Trustee selection for a beneficiary with special needs presents unique challenges. The decision includes practical considerations: the proposed trustee’s geographic proximity to the beneficiary; familiarity with the needs of the beneficiary; and the time, inclination and ability to properly execute the duties that are unique to a trustee administering a trust for a person with

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Don’t Leave Your Final Wishes Open to Interpretation
March 10, 2025 | Trusts & Estates

The media is filled with stories of deceased celebrities whose final wishes were either unknown or the subject of dispute. An important lesson: You can retain control of your finances after incapacity and remain in control of your visitation, funeral and burial (or cremation) plans after death, provided you have a comprehensive estate plan in

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Living Wills, Health Care Proxies and Powers of Attorney
February 6, 2025 | Trusts & Estates | Elder Law

It is important for all adults to have advance directives in place to ensure that your wishes will be carried out if you become incapacitated. There are three basic types of advance directives: a living will, a health care proxy and a power of attorney.

A living will is a document in which you state

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Starting a Difficult but Important Discussion
January 23, 2025 | Trusts & Estates

Looking for a way to stop family arguments over politics? Well, who isn’t. A quick way to derail a familial political scuffle: Quietly announce that you want to talk about your will. The silence should be automatic.

It’s important to talk about your estate plan while you’re still around. An unexpected estate plan can leave

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