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New York Elder Law Questions & Answers
1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: My financial advisor (CFP) contacted my brother (no power) to advise him I'd made a change to my POA. Did he break a law

My brother is a friend of the CFP but has no legal authority for my estate - living trust. The CFP is in Georgia. I think he breached client confindentiality at the very least and likely violated a code of ethics. What recourse do I have? Is there a Board where I can lodge a complaint? Thank... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 19, 2022

I see nothing "illegal", but it is weird.

2 Answers | Asked in Estate Planning and Elder Law for New York on
Q: Elder law. Hello. my mother is 85 . how can I get control of her finances?

She has neglected her obligations for over 6 months. she is frail and forgetful. she's financially solvent Recently I helped her pay the following: rent arrears to the landlord's lawyers, Con Edison shut off notice, cable tv, land line phone, car insurance, car mechanic. but she cannot... Read more »

Benjamin Z. Katz
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Benjamin Z. Katz
answered on Aug 15, 2022

If you believe she can understand what she is signing and wants to do so, she can sign a POA. If she does not understand or understands but does not want to, you will need to petition for guardianship. You should not try to do this without speaking with an attorney.

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1 Answer | Asked in Elder Law for New York on
Q: my boyfriend is in a nursing home and wants to leave,not able to walk. we had an argument and his son has taken away my

visitation rights.what do I do? my boyfriend has dementia.

Jack Mevorach
Jack Mevorach
answered on Aug 5, 2022

You can initiate a Guardianship proceeding.

Jack

1 Answer | Asked in Real Estate Law and Elder Law for New York on
Q: My husband was just hospitalized with dementia and will not be coming home. What are my options for selling our home?

The doctors tell me he does not have the capacity to handle legal matters, including health proxy, etc. and probably cannot sign off on a mobile home sale. Can I legally sell the property on my own? I really do not want to live here without him, so would look into a senior apartment. It is my... Read more »

Elaine Shay
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Elaine Shay
answered on Jul 28, 2022

If you have a durable power of attorney, you should be able to proceed with a sale. However, if you do not have a durable power of attorney, you would need seek appointment as your husband's guardian before proceeding.

1 Answer | Asked in Elder Law for New York on
Q: During the 5 year look back in a Medicaid application what type of expenditures are allowed and what are not allowed?
Benjamin Z. Katz
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Benjamin Z. Katz
answered on Jul 1, 2022

Expenditures are not generally an issue. The concern is when there is a substantial transfer without value received in return. For instance, paying $1000 per month for rent will not raise eyebrows so long as there is no question that the rental unit was being occupied. On the other hand, paying... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for New York on
Q: How can I get my father’s home in PR in my name?

In 2010 , my father built a house in PR. He had a stroke in Oct 2021 which left him unable to stand or talk. He lives with me in NY and I have a POA for him. He needs to apply for Medicaid quickly so he can get full time home care but hasn’t because we are trying to protect the house. I didn’t... Read more »

Elaine Shay
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Elaine Shay
answered on May 6, 2022

New York has a 60-month Medicaid Look-Back Period for Institutional (nursing home) Medicaid that immediately precedes one's Medicaid application date. During this period, Medicaid checks all past asset transfers to ensure no assets were gifted or sold under fair market value. However,... Read more »

1 Answer | Asked in Legal Malpractice, Estate Planning and Elder Law for New York on
Q: Can a lawyer be held accountable for NOT providing legal service to his client?

Elderly client moved in with daughter who had coerced her to change her will and make her power of attorney. Elderly client asked lawyer to revise will without involving this daughter. She told him she was in fear of daughter, her finding out and taking it out on her because she found out... Read more »

Tim Akpinar
Tim Akpinar
answered on May 5, 2022

If an attorney was simply approached out of the blue, the general rule is that the attorney is free to accept or decline a matter. Same goes for the prospective client, who is free to retain or not retain an attorney. There are instances where an attorney may not easily withdraw, such as in an... Read more »

1 Answer | Asked in Elder Law and Probate for New York on
Q: Need a Notary Public to witness signing my will
Elaine Shay
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Elaine Shay
answered on Mar 14, 2022

In New York State a notary public is not required for a will but two witnesses are. Since all formalities must be properly completed or a will to be accepted to probate, I strongly suggest that you have a lawyer prepare and supervise the execution of your will instead of DIY.

1 Answer | Asked in Elder Law for New York on
Q: My grandmother is in a nursing home and has a house she is the owner & her other granddaughter decided to rent her house

My grandmothers social security and the department of family pays for her nursing home. The granddaughter decided to rent out my grandmothers house without her consent. The people that are staying in the house said they have a contract with my grandmother through the granddaughter. However, my... Read more »

Benjamin Z. Katz
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Benjamin Z. Katz
answered on Mar 12, 2022

If there is a Power of Attorney, the agent named may be granted power to rent and collect rents. If your grandmother is having her nursing home stay paid for by Medicaid, income generated from rents from her home may be due to Medicaid. UsIng it as a rental property could be a major problem. Do... Read more »

2 Answers | Asked in Elder Law for New York on
Q: In ny we would like to pay the penalty for Medicaid cured ?
Russel Morgan
Russel Morgan
answered on Jan 12, 2022

When it comes to penalty’s, you can pay it but needs further details on the reason. You can always consult with us for more specific advice.

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1 Answer | Asked in Elder Law for New York on
Q: Is my sister committing elder abuse?

She has POA. She has sold some of our 91 yr old mom's property & given the $ to her daughter. She's giving Mom's house to her son & spending Mom's money to renovate it first. She leaves Mom alone for days with the same guy (42 yrs old & unmedicated bipolar) who... Read more »

Benjamin Z. Katz
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Benjamin Z. Katz
answered on Oct 13, 2021

It sounds like financial abuse at the very least. If Adult Protective Services are not responding, you can try your county’s District Attorney’s offices. Depending upon where you live, they may have a unit dedicated to elder abuse.

3 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for New York on
Q: My mother (90) owns her home in Huntington. She would like to add her 2 daughters to the title. What is the process?

Can we do this by completing a form or do we need to get a lawyer? Can we file electronically? I live in Maryland, but her house is in New York. Thank you.

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2021

In order to add additional parties to title, a new deed must be executed. Unfortunately, technology advances, such as esignatures have moved forward faster than our legal system has adapted. Therefore, it is necessary to executed wet ink copies of the deed and accompanying transfer documents that... Read more »

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1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: How much can I expect to pay a lawyer to be my agent under a durable power of attorney for finances?

What is a typical payment arrangement? I assume no payment is necessary until the agent actually begins carrying out his duties. Is the payment arrangement something that should be spelled out in the power of attorney document?

Gary Lane
Gary Lane
answered on Jul 27, 2021

Do not use an attorney. No reason to spend that money. Anyone you trust who has reasonable acumen, can perform the task. If you wish to pay anyone, yes, be sue to spell it out.

1 Answer | Asked in Family Law, Elder Law and Health Care Law for New York on
Q: I dont know anyone who can sign a durable power of attorney form. We dont have living friend that could do it. What now
Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Jun 17, 2021

If you don’t have a family member or friend, you can appoint a lawyer, financial advisor or institution as your agent. If you wish them to exercise power only in the case of your disability, you should discuss a springing POA. If you have no POA and become disabled, a court will appoint a... Read more »

1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: Can a attorney refuse to change a will.

My brother passed away and mom wants to take his name off the will. Her attorney refuse to do it

Nina Whitehurst
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Nina Whitehurst
answered on May 18, 2021

It is unclear whose will needs to be revised. If it is the will of a deceased person, it cannot be revised. If it is the will of a living person, the only person who can revise it is the living person, who can only revise it (with the assistance of an attorney recommended) if he or she still has... Read more »

1 Answer | Asked in Elder Law and Probate for New York on
Q: Mother has passed. My sister wants to be co administrator. Mom lived with me, can my sister enter my home to take items?

My mom signed a paper saying that she wants me to have all items of hers left in the home. Because she gave the rest of her children what she wanted them to have when she was alive and knew that they would give me a hard time. How can I protect myself, I know they want to be spiteful because mom... Read more »

Michael David Siegel
Michael David Siegel
answered on May 10, 2021

No one can enter your home without consent. That being said, you may not be entitled ultimately to all items.

1 Answer | Asked in Elder Law for New York on
Q: I’m caregiver/longtime (40 years) companion for a man w/advanced cancer. He’s verbally abusing/lyin about me. What do I

He told palliative care nurse that I’m stealing from his bank account. I have Power of Attorney but haven’t touched his $. He fell out of bed & has bruises. I’m afraid I’ll be accused of elder abuse. What protections do I have. Can I refuse to let him come back to the home we live in... Read more »

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on May 4, 2021

The question of what you can or should do is not something that can be answered that easily. You should consult with an attorney, who can get the information necessary to properly guide you. Questions you should be prepared to answer will include what your relationship is to the man and who is the... Read more »

1 Answer | Asked in Elder Law for New York on
Q: I live in NY State. I want to create a Durable POA. I read the law in NY is changing and the new law will be in

effect only after 6/21/2021. Should I wait until then to create the POA?

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Mar 5, 2021

It depends what you want the POA for. If you sign it now it remains effective after the new law takes effect. You can always sign a new one later.

1 Answer | Asked in Family Law, Gov & Administrative Law, Elder Law and Divorce for New York on
Q: NYC dept of health denied request for birth certificate stating first name has one letter different than legal name.

What law requires a senior citizen to change the name on their birth certificate to match current name ?

Why is name on social security not considered legal name?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 3, 2021

You can file a petition to change your name with the court. It is a relatively simple form that you can download from the court website. As for divorced people, every NY divorce judgement includes an order allowing the person to change their name back to their previous name.

1 Answer | Asked in Elder Law and Probate for New York on
Q: If I lived with mom, was her caregiver for 18 yrs, and paid for improvements in her house, can't I be paid for it now?

Mom needed 24/7 monitoring, and frequent trips to Drs and treatment. I worked from home to care for her. She died in 2015 and now I must sell the house and split the proceeds with my sister who never visited or cared for mom. I also paid for new appliances, a front porch, a whole house generator... Read more »

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Jan 16, 2021

You may be entitled to credits for the improvements. However, if you had no caregiver agreement while she was alive you would not be entitled to compensation.

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