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

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

While a 2024 poll indicated New Yorkers’ overwhelming support for New York’s Medical Aid in Dying Act for terminally ill people (M.A.I.D), the act had not been approved by the legislature each time it had been presented, despite support from the New York State Bar Association, the American College of Legal Medicine, the New York

While we may know better, an 18-year-old is generally considered an adult under New York law. Many of those 18-year-olds will be heading off to college in the next couple of months. Parents’ rights to make decisions for their children change suddenly when they become 18. Parents no longer have complete access to their child’s

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

May is mental health month, the perfect time to address this important topic. Mental health and substance abuse disorders affect many families. These issues need to be considered in estate planning.

Mental health and substance abuse disorders cannot be “cured,” but they can be managed with proper support. Frequently, “relapse” is a facet of the

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

Remember, as a general concept, estate planning allows an individual to plan not only for what happens to his or her estate upon death, but also how his or her affairs are handled during life. There are certain documents that each person should have in order to accomplish these objectives. In Back to Basics: Estate

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

Sometimes, the terms of an irrevocable trust (one that cannot be amended or revoked) were appropriate at the time the trust was created, but subsequent events or circumstances make the terms of the old trust impractical, unwanted, or obsolete. So, what can be done?

Sometimes, the terms of a trust permit the trustee to make