When it becomes clear that an elder abuse is taking place, measures should be taken to rectify the situation, but what if the person being abused says they are aware of and alright with the treatment? For many individuals, there comes a time when, due to old age or...
Preserving & Protecting Your Family’s Assets & Legacy
Year: 2016
Choosing the right trust for you
If you want to ensure that your assets are handled the way you want them to be handled, or you want to make sure your relatives can avoid probate court, a trust might be a good option for you. There are a few different types of trusts, but all trusts are just legal...
New York State Is Falling Behind Reviewing Nursing Home Complaints
A decline in ombudsmen, minimal state funding and increasingly complex complaint cases are leaving senior citizens in New York State without the advocacy resources they need and deserve. Alarmingly, New York State investigates far fewer cases than most states - and...
Mistakes to Avoid- Multiple Beneficiaries On Deed
Beneficiary designations, account titling (ownership arrangements), and traditional estate planning tools (trusts and last wills) work together to create a fully functioning estate plan. Another common mistake made with beneficiary designations and ownership...
You Must Have a Health Care Proxy with a HIPPA Release
As discussed in the previous postings, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), was enacted in 1996. It was created to assure that individuals' health information is properly protected. The previous postings listed information that the...
Power of Attorney – Fiduciary Duties
You have been named agent under a power of attorney - what are your duties? You have fiduciary duties. Pursuant to N.Y. Gen. Oblig. Law § 5-1505, an agent acting under a power of attorney has a fiduciary relationship with the principal. The fiduciary duties...
Probate- Who Can Object to a Will?
Objecting to a Will Surrogate's Court Procedure Act ("SCPA") section 1410 states that "[a]ny person whose interest in property or in the estate of the testator would be adversely affected by the admission of the will to probate may file objections to the probate of...
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