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New York Elder Law Questions & Answers
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 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: 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

1 Answer | Asked in Family Law and Elder Law for New York on
Q: My mother has dementia, and her symptoms are progressing. I would like to know how to become power of attorney,

I am in new york

Benjamin Z. Katz
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answered on Jan 6, 2023

Your mother must be able to understand what she is signing for her to execute a Power of Attorney. If she is unable to do so, you will need to apply for guardianship with the Court.

1 Answer | Asked in Divorce, Family Law and Elder Law for New York on
Q: If a husband walks out, is he financially responsible for shared bills?

My mother has been a full time caretaker for her husband for over 10 years. He is continuing to decline and his behavior and needs have become unmanageable for her at her age. In October, he was hospitalized with CDIFF and we tried to get help through a hospital social worker with no support. She... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2022

This question also appeared on Avvo, and it gave this writer pause. A husband apparently contracted a serious digestive disease characterized by the infestation of a parasite. So, a very ill spouse manipulates marital finances and bolts. The asker asks us legal professionals what to do, and... View More

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... View 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... View More

Benjamin Z. Katz
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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... View 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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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... View 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... View 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,... View 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... View 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... View 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... View More

Benjamin Z. Katz
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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... View 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... View More

Benjamin Z. Katz
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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
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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... View 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
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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... View 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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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... View More

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