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Elder Law


Your Power of Attorney Dies With You!
Dear Mr. Di Costanzo: Can I act under my father’s power of attorney after he dies? One of the most important estate planning documents...

Salvatore Di Costanzo


Significant Changes to the Power of Attorney Law
On December 15th, 2020, Governor Cuomo signed into law legislation substantially amending the New York General Obligations Law, which is...

Salvatore Di Costanzo


How We’re Managing During the Pandemic
by Joanna C. Feldman and Salvatore M. Di Costanzo This is not easy. Every day brings a new development. Shelter-in-place. Workplace...

Salvatore Di Costanzo


Listen and Learn
As the parade route approached, I captured my first glimpse of the Grand Marshal. He was a 93-year-old seasoned World War II veteran who...

Salvatore Di Costanzo


Four Estate and Elder Law Planning Topics That You Should Not Neglect
We have all heard the saying “life is full of regrets”. I have compiled a list of the most common regrets that I often hear from...

Salvatore Di Costanzo


Elder Law and Estate Planning: A Series of Defined Terms
As an elder law attorney, I am frequently asked questions, the answers of which have been taken for granted during the ordinary course of...

Salvatore Di Costanzo


Does a diagnosis of dementia or Alzheimer’s necessitate a guardianship?
The need for a guardianship really depends on the facts and circumstances of each case, however, many guardianship cases result from the...

Salvatore Di Costanzo


Turkey, Football and Estate Planning
Traditionally, Thanksgiving is the holiday when the entire family, for better or worse, comes together. After the melatonin calms...

Salvatore Di Costanzo


But I hired an attorney!
We receive this response too often from clients who, after working with another attorney on their elder law and estate planning matters,...

Salvatore Di Costanzo


Is there a limit on how much I can gift for Medicaid purposes?
Generally, in determining the Medicaid eligibility of a person receiving nursing facility services, any gifting of assets made by the...

Salvatore Di Costanzo


Tips for Preventing, Detecting, and Reporting Financial Abuse of the Elderly
Reports of elder financial abuse continue to increase, and the elderly are particularly vulnerable to scams or to financial abuse by...

Salvatore Di Costanzo


Does it make sense to apply for community Medicaid if my Mom only needs a few hours of assistance?
This question often arises where an individual requires some assistance with her activities of daily living but can largely function on...

Salvatore Di Costanzo


How does Medicaid treat the 529 plans I own for my grandchildren?
A 529 plan is a very common planning technique used by grandparents to fund a grandchild’s college education. Simply stated,...

Salvatore Di Costanzo
Does having a retirement account render someone ineligible for Medicaid?
Co-authored by Joanna C. Feldman Under the usual fact pattern, a retirement account will not render someone ineligible for Medicaid. ...

Salvatore Di Costanzo
My Will doesn’t mention my children by name. Is there a mistake?
While I cannot say whether there are mistakes in your estate planning documents, the wording of your document may be confusing to you as...

Salvatore Di Costanzo
What can I do if I suspect my sibling is taking advantage of my Mother?
The elderly are vulnerable, and as a result, are often soft targets for non-physical abuse. I refer to them as “silent abuses” because...

Salvatore Di Costanzo
The Space Between
When I meet with people for the first time who are interested in estate planning, their focus is usually on after-death planning....

Salvatore Di Costanzo
What is an elder law attorney, exactly? Do I have to be elderly to make use of your services?
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....

Salvatore Di Costanzo
The Guardianship Process
According to a recent report published by the Alzheimer’s Association, in 2017, approximately 5.5 million individuals have “Alzheimer’s...

Salvatore Di Costanzo


The Federal & New York Estate Tax: Things to Look Out for Before Making Gifts
For 2017, the federal lifetime estate and gift tax exemption have increased to $5,490,000. This means that you can gift this amount over...

Salvatore Di Costanzo
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