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 one can prepare is a power of attorney. It allows you to appoint someone else, your agent, to a handle your financial matters. All powers of attorney are durable, meaning that…
On December 15th, 2020, Governor Cuomo signed into law legislation substantially amending the New York General Obligations Law, which is the law that governs powers of attorney in New York. Effective June 13th, 2021, the new law, among other things, modifies the form of a power of attorney. The new form must be used beginning…
It is never too early for an adult to implement an estate plan. The focus of a young adult, however, is much different than those of more senior generations. While the assets of a young adult may not always command intricate estate planning, strong consideration should be given to having your child prepare a health…
by Salvatore M. Di Costanzo, Esq., and Joanna C. Feldman, Esq. Regardless of whether your estate plan is basic or complex, it is important to review the plan every few years for reasons that include life events and changes in laws and/or regulations. Life Events Estate plans can change drastically upon the occurrence of certain…
The Power of Attorney (“POA”) and Statutory Gifts Rider (“SGR”) are two of the most important documents drafted by an elder law attorney. The absence of or deficiencies in these documents increases the likelihood of the need to commence a costly guardianship proceeding to be able to implement many common elder law planning techniques necessary…
Co-authored by Joanna C. Feldman This question was recently asked at an event we hosted during which we discussed strategies to leave a legacy after death. A Medicaid Trust is an irrevocable trust used to protect assets should one need nursing home care and seek Medicaid to help cover the cost. Because assets in a Medicaid…
When I meet with people for the first time who are interested in estate planning, their focus is usually on after-death planning. Whether their concern is minimizing estate taxes, planning for minor or spendthrift children, or simply passing assets to the next generation as quickly and efficiently as possible, nearly every meeting begins with a…
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…
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 clients, but more often, their family members, during my practicing as an elder law and special needs planning attorney. If you have neglected any of these topics, my hope…
Your spouse might be able to access your bank accounts but he will be very limited in doing much else. A properly drafted power of attorney and statutory gifts rider is an absolute necessity. When an elder law attorney prepares a power of attorney and statutory gifts rider, powers are included that are not readily…
No. When someone appoints you as his/her attorney in fact (people casually refer to their title as “power of attorney”) to handle their financial affairs, you are acting as an agent to that person. You are called a fiduciary and fiduciaries must act according to certain fiduciary standards. For instance, a fiduciary must act in…
You can appoint as many people as you wish, however there are a few things to consider about the person you appoint. First, you should always have a conversation with the person you appoint prior to making such appointment to ensure he is willing to accept the position of agent. Second, when considering your…
If there is one unavoidable consequence of life and relationships, it is that our loved ones may fall ill at some point, whether it be a parent, grandparent, child, aunt or uncle. Sometimes it could be a tragic accident or disease that affects them, and other times it is simply part of the aging process….
Nearly every aspect of estate planning and elder law requires an attorney to assess a client’s legal capacity. As elder law attorneys, we are regularly working with individuals who have some form of cognitive impairment such as dementia or Alzheimer’s Disease. A common assumption is that someone with dementia or Alzheimer’s cannot sign a Last…
I recently entered the world of beekeeping. When contemplating this new hobby, I obviously vetted my ideas with friends and family (not the neighbors). Their responses were comical and in all cases, far from the truth. Sitting down to write this piece I thought, this is no different than the practice of elder law. So…
In a perfect world, everyone would craft an estate and elder care plan well in advance of having to implement it˗ but the world isn’t perfect! I have had the opportunity to work on a fair amount of cases where clients, who had no estate or elder can plan, fell ill or became disabled. In…
Nearly every aspect of estate planning and elder law requires an attorney to assess a client’s legal capacity. As elder law attorneys, we are regularly working with individuals who have some form of cognitive impairment such as dementia or Alzheimer’s Disease. A common assumption is that someone with dementia or Alzheimer’s cannot sign a Last…
