Co-authored by Joanna C. Feldman The truth is that very often, “elder law” attorney is a misnomer as it pertains to many of our clients.  For example, nearly everyone should have a comprehensive Power of Attorney. Some of our youngest clients have just become adults who come to us for a Power of Attorney before…

Special Needs Trusts are an integral part of almost every estate plan.  I use them in most of my estate planning documents.  There are two types of Special Needs Trusts: First Party and Third Party. A First Party Special Needs Trust is a trust created with the assets of a disabled person who is under…

Special Needs Trusts are an integral part of almost every estate plan, yet, most people do not realize this.  Typically, those who consult us on the applicability of Special Needs Trusts are either disabled or closely involved with a disabled child or other adult.  In these instances, the need for a Special Needs Trust might…

  A guardian is an individual (or sometimes an entity) appointed by the Court to handle the personal and/or financial affairs of a minor child.  In New York, a child under the age of eighteen is considered a minor.  Usually, the Court appoints a guardian for both the person and property of a minor, but…

An integral part of our practice involves planning with the assets of individuals who are disabled or have special needs. These individuals are usually persons who have developmental disabilities, mental illnesses, or who suffer from other severe and chronic or persistent disabilities. We commonly refer to these individuals as supplemental needs beneficiaries and the primary…

PLANNING FOR THE NEEDS OF A DISABLED PERSON According to the Centers for Disease Control and Prevention (“CDC”), approximately 20% of U.S adults are disabled. A growing number of people between the ages of 45 and 64 are becoming disabled. Some argue that the recent economic downturn, coupled with caring for adult parents and young…

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