A health care proxy is someone that you authorize to make medical decisions on your behalf. Appointing a proxy can help ensure that you get the health care or medical attention you want or need, in the event that you are unable to communicate. A proxy will speak on...
Preserving & Protecting Your Family’s Assets & Legacy
Elder Law
You Did Medicaid Planning, You Created An Irrevocable Trust. Now, Make Sure The Trustee Files A Tax Return (Or Not)
Most irrevocable trusts created for the purpose of protecting assets from the costs of long term care (i.e., the nursing home) must file a Form 1041 (for IRS Federal filing purposes) and a Form IT-205 (for New York State filing purposes) only once - for the year of...
2018 Medicaid Regional Rates
Effective January 1, 2018, Medicaid regional rates for calculating transfer penalty periods for 2018 were increased from 2017. The regional rates are: Long Island $13,053 New York City $12,319 Northern Metropolitan $12,428 Rochester $11,692 Northeastern $10,719...
Community Medicaid In Hauppauge, NY: Medicaid Notice Challenged At Fair Hearing
When an individual needs help with the activities of daily living, to avoid a nursing home and remain in their residence (whether in Hauppauge, Commack, Kings Park, Smithtown, St. James, or any other Long Island town), a benefit worth obtaining is Community-based...
COMMUNITY MEDICAID IN SUFFOLK & NASSAU COUNTIES
PERSONAL CARE SERVICES AND FUNCTIONS IN SMITHTOWN, NY When an individual needs help with the activities of daily living, to avoid a nursing home and remain in their residence (whether it's in Smithtown, Valley Stream, or any other Long Island town), a benefit worth...
Community Medicaid in Nassau & Suffolk Counties – Personal Care Services in the Home
When an individual needs help with the activities of daily living, to avoid a nursing home and remain in their residence, a benefit often worth obtaining is Community-based Medicaid. Community Medicaid will pay an agency that will provide home health aides to assist...
Good News for Surviving Heirs: Higher Standards Imposed on Mortgage Lenders
New guidelines have been promulgated by the Consumer Financial Protection Bureau ("CFPB") to make it easier to modify or assume an existing mortgage on a decedent's home. The goals of these guidelines are to reduce unnecessary foreclosures on homes after a borrower...
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...
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...
Income Tax Rates for Trusts and Estates 2016
The IRS recently enacted revenue procedure 2015-53 which updates rules in the tax code that are regularly adjusted due to inflation. Among the changes includes the tax brackets for estate and trust taxable income for 2016. Important note - estates and trusts pay...