effect only after 6/21/2021. Should I wait until then to create the POA?
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.
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?
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.
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 »
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.
Family member A has Family member B as beneficiary in their will. Family member A's financial advisor has Family member C as beneficiary. What entity take precedence upon death of Family member A's death?
Generally, a Will only has power to dispose of assets owned by the decedent after death. Therefore, an asset such as an investment account that has specific instructions designating disposition of the asset upon death controls.
My Mom went to the emergency room in the beginning of October, her blood pressure was high,,the next thing I know, she has been intubated, and from then on, she has not been able to return home.
To sign a Power of Attorney, your Mom must be able to understand what she is signing and its impact. If she suffers from dementia, Alzheimer's or a mental infirmity and is unable to understand, you would have to bring a Guardianship proceeding to assume control of her property and/or personal... Read more »
I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... Read more »
Did you go at this along, representing yourself? I need a lot more information before I can give you a better answer. There are too many what if's.
If we do find a buyer, are 2 different checks cut...one in my decease dad’s name and one in my living mother’s name? Please reply only if you are familiar with NY state laws. My POA is for my mom who is still living. The letter of administration is for my deceased father.
A power of attorney ceases to have any effect upon the death of the person granting the power of attorney.
The Principal is currently incapacitated. Principal and agent signed and 2 witnesses signed.
No. The form must be completed as required.
I'm an age 72 disabled senior who has lived in my rent-stabilized apartment In NYC for over 30 years. Before Covid, I rented my second bedroom to college students from Japan to defray my monthly expenses. I have built up rent arrears this year because I've not been able to rent to foreign... Read more »
The landlord appears to have no basis to ask you how long your new housemate may be staying with you. In NYC you are entitled to have a roommate even without your landlord's permission. Although the landlord may have inquired because of the Covid-19 crisis, it is perhaps even more likely you... Read more »
How do we protect their house? Do we put the house under my moms name only? Thank you.
Now that you have applied for Medicaid your options are limited. You should speak with a Medicaid Planning attorney as soon as possible.
I was Married 05/20/2000
My Husband didn't divorce
His first wife until 2008. This was 8 years after we are together. He left me in February 2007. My Marriage is not valid, and I need it nullified.
He had a stroke last year, and I went back to assist him, because no... Read more »
As long as you have all the documentation to support that he was still married when you entered into the marriage contract, you will be able to get it annulled. You must start an action in court and should have an attorney assist you. Matrimonial/Divorce attorneys and Estate Planning attorneys,... Read more »
Dad has been dead many years. 3 kids, mom still living. Only asset is one house in NYC. How much does mom get if we sell home after intestate is completed by the court?
The laws of the state where Dad was last a resident will apply. If he was a resident of New York and died without a Will, assets are split 50% to surviving spouse and the other 50% to surviving children.
I live in Georgia and she lived in New York. I am the Executor of the will if appointed voluntary administrator is that all I need to carry out duties as Executor and will I be able to access banking info and have access to her apartment.
Yes, you will.
The check is made out to the nursing home, for the patient's care. The check came to us (power of attorney). Can we insist it be applied to her personal account, or can the nursing home take it just as they take most of her Social Security to pay for her care?
If you want to apply it to the patient's care, this is allowed. However, a facility cannot just take the check without your permission.
Am I entitled to any compensation ? I cannot work at this time.
I'm sorry for your difficult situation. A landlord-tenant attorney could advise best here, but your post remains open for three weeks. At this point, you have probably already explored whether there was an insurance policy in effect to cover for the fire loss. If not, that is something to do... Read more »
Long story short she moved to Fl to be closer to my brother ( he lived there at the time) and for the weather. Moms health isn’t always the best. He took a job and moved to VA about 2 years later. He handed he major investments, he did some foolish things with her money, “ he “bailed”her... Read more »
Start by reporting the suspected financial abuse of an elder to the Adult Protective Services agency closest to your mother.
Beyond that, you will need to find a fiduciary litigation attorney to sue your brother to have him removed as your mother's attorney in fact and to return the... Read more »
From my understanding he is presumed to be capable of providing informed consent. It also looks like if it was ever determined that he can't provide informed consent, I would still be able to take him to doctor visits as per FHCDA or OPWDD law. Also, he lives with me and is 29.
It will depend upon the type and extent of his disability. If he is capable, he should sign a health care proxy. If he is incapable of making decisions for himself you should apply for Guardianship.
In the matter of CDPAPvs. Zucker,10/11/19
in layman's terms, what was decided?
Does this decision affect the status of the PA as an independent contractor vs. an employee?
The court found that the Department of Health did not follow proper procedure in changing the way FIs are paid for services provided under CDPAP. Because they didn’t, the change was voided and they had to go back to the reimbursement method prior to 7/1/19.
This had nothing to do with... Read more »
change all legal documentation, making himself a sole owner of all the houses, trusts, insurance policies, LLC’s, etc. He stole over $15 mil while my mom is still alive.
Your mom can sue him for breach of fiduciary duty, self dealing and fraud and void the transactions. However, I would need to know more to properly advise you. In any case, you and your mom should speak with an attorney.
My lawyer states he cannot grasp the idea of my being handicapped because I am not in a wheelchair. He has not help me get any financial support thru the courts in one year. I am 66 years old. What can I do to be correctly represented as a handicapped person in my divorce?
It sounds as if you need to consult another attorney to see what they say about the facts of your case and depending on those facts you may need to switch attorneys.
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