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New York Elder Law Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Rights, Elder Law and Gov & Administrative Law for New York on
Q: I'm on a woman's Shelter waiting for housing with a City Voucher. It appears the Voucher is not going to help me.

We were told we could report.Real Estates who do not accept the Voucher or ask us for money to find an apartment. Legally what can we do in this case?

James L. Arrasmith
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answered on Feb 24, 2024

In this situation, it's essential to understand your rights and the legal protections available to you as someone seeking housing assistance with a City Voucher. Firstly, you should familiarize yourself with the local housing laws and regulations that govern the acceptance of vouchers by... View More

1 Answer | Asked in Elder Law and Family Law for New York on
Q: I'm interested on becoming a gaurdian of someone. Where do I start? Do you serve Livingston county?

My uncle was deemed incompetent but I think he seems with it to me when I talk to him. When I was a nurse I know patients were with it certain times of day. Why can't he make me POA like he says he wants. He has been in long term care for 2 years

T. Augustus Claus
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answered on Feb 8, 2024

To become a guardian in New York, especially for someone deemed legally incompetent, you would start by filing a petition for guardianship in the court that has jurisdiction over the matter, which could be the Surrogate's Court or Supreme Court in the county where your uncle resides, such as... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Elder Law for New York on
Q: How to defend myself against a TRESPASSING CHARGE-WHEN I WAS LOOKING FOR THE REBARB I HAD PAID FOR IN 2010-AND IT'S GONE

He is also blatantly hacking me with his fancy Apple smartwatch and his iPhone through Bluetooth which I do not even have enabled! He wants my property and we've been disputing this for years! The local judge was probably paid off by him & I'm going to have a heart attack I swear

James L. Arrasmith
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answered on Feb 24, 2024

Firstly, it's essential to remain calm and composed despite the distressing situation. When defending yourself against a trespassing charge, focus on presenting evidence to support your claim that you were on the property to retrieve rebar you had previously purchased. Gather any documentation... View More

4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Benjamin Z. Katz
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answered on Feb 4, 2024

A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More

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1 Answer | Asked in Elder Law for New York on
Q: My 86 year old father was living with me and my niece put him in a home. Can I legally go get him and bring him back hom

My father is able to make decisions on his own. He wants to come back home

T. Augustus Claus
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answered on Jan 12, 2024

In New York, if your 86-year-old father is mentally competent and able to make decisions on his own, he has the right to choose where he wants to live. If he expresses the desire to return home and is capable of making that decision, legally, he can leave the nursing home. You may want to... View More

1 Answer | Asked in Banking and Elder Law for New York on
Q: Hi - Does the NY State Statutory Short Form POA expressly allow the agent to open a bank account with beneficiaries?

My bank is declining to do this. I see there is language in the statute that requires language in the modifications section of the POA that expressly provides this permission for already-existing accounts. However, I am opening a brand new account, and I interpret the language in the statute to... View More

Jack Mevorach
Jack Mevorach
answered on Jan 3, 2024

Very often banks refuse to comply with legal documents that they should honor. A POA is just one of them. Wrongfully, they will insist on a certified copy of a court order, submitted by an attorney.

Jack

1 Answer | Asked in Elder Law and Public Benefits for New York on
Q: Is military disability considered income in an assisted senior living housing unit? Hud said it was exempt, is it?
James L. Arrasmith
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answered on Dec 20, 2023

In New York, when it comes to assisted senior living housing units, especially those regulated by HUD (the U.S. Department of Housing and Urban Development), certain types of income are treated differently for eligibility and rent calculation purposes. According to HUD guidelines, some types of... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for New York on
Q: Is there a time limit that a will should be settled by an appointed executor?
Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

An executor is a fiduciary, which means that s/he has personal responsibility and liability for all assets and liabilities of the estate. However, the executor has no powers until obtaining letters testamentary or preliminary letters testamentary from the Surrogate's Court as a result of... View More

1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: Hi....I became ill in 2015 and ended up with a Supplemental Needs Trust to help pay Medicare Premiums, I also have

medicaid for doctors. I own a Mobile Home in Calverton Meadows, when I pass will Social Security take my home for repayment? I have 2 daughters who help me (alot) and I hoped to leave it to them to sell when I pass. Thank you for any advice you give me. I only have a handwritten will , I live... View More

James L. Arrasmith
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answered on Nov 8, 2023

Social Security itself does not typically take assets for repayment, but Medicaid can seek recovery from the estate of a deceased beneficiary under certain circumstances. Whether your mobile home would be subject to such recovery can depend on the state's Medicaid rules and the specifics of... View More

1 Answer | Asked in Elder Law for New York on
Q: In NY Medicaid payments to nursing home are cash basis. Can nursing home charge for income received after she died?

Her Medicaid was discontinued May 22 2022 and she received income on May 31 , 2022. The Medicaid office is using the income received after her death and after Medicaid was discontinued to compute her monthly payment but since per NYS Medicaid rules since income is computed as earned when it is... View More

James L. Arrasmith
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answered on Nov 8, 2023

Your understanding of Medicaid's cash-basis accounting for income seems to be accurate. If the income was received after the individual's death and after Medicaid coverage was discontinued, it generally should not be counted toward the calculation of the individual's Net Available... View More

1 Answer | Asked in Banking, Business Law, Elder Law and Stockbroker Fraud for New York on
Q: My mother is being attacked, financially, by her mother's former broker. What can she do?

He has accused her of fraud, removing her from her bank accounts, attacked her mother's current broker with a false report. She can no longer pay her Bills. Also, he is working with my mother's sister, lying to her about things my mother never said, and using my grandma, who my sister has... View More

James L. Arrasmith
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answered on Nov 4, 2023

Your mother should consider retaining an attorney experienced in elder law and financial exploitation cases immediately. This situation may involve complex issues like undue influence and financial abuse. An attorney can help navigate the allegations, work to protect her interests, and potentially... View More

1 Answer | Asked in Family Law, Real Estate Law, Elder Law and Probate for New York on
Q: This is a situation where a veteran at 68, was a live in caregiver for an 84-year-old who recently died intestate.

I, along with my partner who is also 68 and suffers from advanced Alzheimer's Disease, resides in the home of the decedent whose house is in reverse mortgage. The deceased has six other siblings, three deceased. The house value is close to the outstanding balance on the reverse mortgage. I... View More

Jack Mevorach
Jack Mevorach
answered on Oct 19, 2023

A proceeding will need to be commenced in Surrogate's Court.

Ja k

1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: I am helping an elderly woman who is quite frail and she needs a Will .... cont. below

My husband is a lawyer but he is British and is not qualified to practice in NYC, but he has written all the instructions after having met with this lady. It is a fairly simple Will (she doesn't have property - just cash) and she knows what she wants but her health is getting worse by the... View More

James L. Arrasmith
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answered on Nov 4, 2023

Yes, there are attorneys who can accommodate urgent situations by drafting a will quickly, and many will make house visits or arrange virtual meetings via Zoom or other video call platforms, especially for clients with health concerns. You should reach out to local estate planning attorneys or... View More

3 Answers | Asked in Nursing Home Abuse, Wrongful Death and Elder Law for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Benjamin Z. Katz
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answered on Aug 17, 2023

Any action must be brought on behalf of your mother’s estate. Someone must petition the Surrogate’s Court to be appointed Administrator or, if there is a Will, Executor. If she was married at the time of her death, her spouse has first priority to petition. If not, all natural born or adopted... View More

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1 Answer | Asked in Elder Law and Nursing Home Abuse for New York on
Q: I am having issues with some paperwork from the assisted living facility my mother is in. Need palerwork looked over

My mother got paperwork needed to sign for consent to record inclusing audio. Now they also put something in saying no audio. Now the rooms are their homes and should be treated as such. They have a history of verbal abuse but never caught and the supervisor gaslights me and my mother. They have... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

Yours are serious allegations and should be carefully considered. In New York, there is an Ombudsman who may be able to help you sort out how to best handle the situation. The New York State Office of the Long Term Care Ombudsman Program (LTCOP) is an advocate and resource for persons who reside... View More

1 Answer | Asked in Elder Law for New York on
Q: Dr wants to transfer brother from hospital to nursing home. Dementia. How can he keep the 11 thousand he has in bank?

He is mild-moderate but knows he has some money. He has asked me to take it out the bank and save it for him. I am his POA. Is this allowed? They're going to take his social security and pension I know but what's in the bank is all he's got.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 30, 2023

The acts you are allowed to perform on behalf of your brother, such as banking transactions, personal and family maintenance, financial matters, etc., are delineated in the Power of Attorney form he signed. That said, you cannot perpetrate a fraud on either Medicare or Medicaid and misrepresent... View More

1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: Is a POA document valid if the 1st agent and the principal has it completed & notarized but the 2nd agent didn't sign it

Dose the 2nd agent need to sign?

Jack Mevorach
Jack Mevorach
answered on May 3, 2023

Your post raises multiple legal issues. Have a free telephone consultation with counsel.

Jack

2 Answers | Asked in Elder Law, Real Estate Law and Family Law for New York on
Q: How do you go about pursuing elder abuse without the elders agreeing?

My sister is taking financial advantage of my parents. My parents know enough to agree she is but do not want to pursue legal ramifications . My concern is they will not have enough money to live out their years. Most recently my dad was removed from the deed of his second home while in the icu... View More

Carl Nelson
Carl Nelson
answered on Apr 3, 2023

It is unclear from the scenario you presented whether your parents are of sound mind. If so, you will not have standing to pursue actions that they are not interested in taking. You cannot force another person to litigate something in their interest that they do not want to. And you cannot force... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for New York on
Q: What needs to be done when there's a life estate on a property, the life tenant dies & owes $ to a rehab nursing center?

Hello,

My father died in early January of this year. He held a Life Estate on his home and my sister is listed as the remainderman on the deed. We filed the death certificate with the Town of Riverhead.

My father owes a large sum of money to the rehab nursing center he was in when... View More

Carl Nelson
Carl Nelson
answered on Mar 28, 2023

It depends whether the nursing center had a judgment against your father before he died. If so, a judgment entered in the same county as the property would form a lien on the property which would survive a change in ownership (such as that occurred upon his death). Since your sister would be the... View More

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2 Answers | Asked in Estate Planning, Elder Law and Probate for New York on
Q: Lawyer has been informed by Medical Examiner of death, yet refuses to release Will - can he do this?

He says he needs “formal notice” - ME won’t release body without proof I’m executor (ie, the Will) so I cannot get a death cert or anything. I’m stuck as I need the Will to get the death cert, make arrangements, get access to apt., etc.. Can the lawyer be made to release the Will to me??... View More

Benjamin Z. Katz
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answered on Mar 10, 2023

Surrogate Court Procedure Act (SCPA) Sec. 1401 authorizes a proceeding to compel anyone who has custody of the original Will to produce it. If you are a spouse, parent, child, or sibling of the deceased, you are eligible to receive a copy of the death certificate if one has been issued. You would... View More

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