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New York Elder Law Questions & Answers
0 Answers | Asked in Estate Planning, Elder Law, Probate and Public Benefits for New York on
Q: Probate with no will, domestic partners since 1997,estranged from children over 26 years. House & 2nd car in his name.

One car was already repossessed but I have continued to make the loan payment on 2nd car. I'm Medicaid eligible. What can I do to keep these? Frankfort NY

1 Answer | Asked in Elder Law for New York on
Q: Does a senior citizen residence for seniors 55 and older qualify for this law? Man has dementia and wife is caregiver?
Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

An elder law attorney should advise here, but you await a response for two weeks. Until you're able to speak with an attorney who is knowledgeable in this area, you could look into whether the social workers at the facility might be able to offer guidance. They are generally versed in... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Medical Malpractice for New York on
Q: What are the rights of patients regarding pain management?

MALE

58 YEARS OLD

Disabled 7yrs

FIDELIS/MEDICAID

SSI/SSD 7yrs

After 2 years, today my PCP has required that I bring all of my empty Suboxone Film Packages each and every visit or:

1. he will request daily visits, as opposed to bi-weekly.

2.... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. As a patient, you have rights regarding your pain management and the treatment you receive. Your primary care physician (PCP) can request certain documentation, like empty Suboxone Film packages, to ensure proper medication use, but this should be... View More

0 Answers | Asked in Elder Law for New York on
Q: I’m a 72 disabled senior citizen in Medford Ny I am being harassed. Bullied and threatened by a woman who is eleven yea

Younger. I have been advised by my local police to get an order of protection.Can I get help from a lawyer for free?’ Please help me.

1 Answer | Asked in Contracts, Elder Law and Land Use & Zoning for New York on
Q: Can my father's neighbor claim his land by adverse possession ?

My father has allowed his neighbor to use my fathers land for raising cows with no written agreement can the neighbor claim his land after 10 years? The neighbor has been mowing and has cows on the land for the last 5 years. My father has offered to sell the land to the his neighbor and he says he... View More

Jack Mevorach
Jack Mevorach
answered on May 31, 2024

Yes, a recorded written agreement can defeat a claim for adverse possession. Whether the neighbor even has a valid claim for adverse possession is unknown.

Jack

1 Answer | Asked in Criminal Law, Elder Law and Municipal Law for New York on
Q: What kind of lawyer do I need to fight for me against the town and the two people who killed my sister.

I finally found hard evidence that he killed my sister with his medication which showed on the toxicology report that it was his meds. The prescription read his name on the bottle. The detective had taken a picture of the meds. There is way to much to tell on here... I am living a nightmare, I am... View More

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

My advice is to contact the New York State Police and provide to them the toxicology report and other hard evidence while explaining that you are having difficulty with the local police and sheriff's dept.

The New York State Police may have received other similar reports regarding...
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1 Answer | Asked in Civil Rights, Civil Litigation and Elder Law for New York on
Q: What kind of lawyer would I need to sue detective, police department, D.A. and Sheriff along with animal control

What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.

For...
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1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Municipal Law for New York on
Q: What kind of lawyer would I need to sue detective, police department, D.A. and Sheriff along with animal control

What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.

For...
View More

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Municipal Law for New York on
Q: What kind of lawyer would I need to sue detective, police department, D.A. and Sheriff along with animal control

What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.

For...
View More

1 Answer | Asked in Civil Rights, Civil Litigation and Elder Law for New York on
Q: What kind of lawyer would I need to sue detective, police department, D.A. and Sheriff along with animal control

What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024

I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.

For...
View More

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Elder Law for New York on
Q: Homeowner, a 20 yr mortgage, What is the legal strategy to confront Defendants' Note of Issue when my disc not complete

The Mortgage was sold and the new bank quickly changed the existing servicing plan, made payments to the city finance department on my behalf, aggressively sought to recover their disbursements by creating an escrow account and escalated my monthly mortgage pmt to more than five multiple of it has... View More

Jack Mevorach
Jack Mevorach
answered on Mar 31, 2024

Are you alleging that you are fully performing according to the terms of Promissory Note and Mortgage?

Jack

1 Answer | Asked in Civil Rights, Elder Law, Gov & Administrative Law and Municipal 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

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