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Article 81 Guardianship Litigation: Removing a Guardian

By Stephanie L. Goldstein, Esq. A guardian has been appointed for you.  What happens if you don’t like your guardian?  Guardianships, or conservatorships as they are referred to in some states, have come under intense scrutiny in light of the Britney Spears conservatorship.  There are numerous elements to Spears’ conservatorship to explore, including requesting authority to hire an attorney, removing a guardian, and ending a guardianship. In New York, a …

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Potential Litigation Under the General Obligations Law

By Joel Krooks, Esq., Littman Krooks LLP A Power of Attorney is a very powerful legal document which allows a person (referred to as a principal) to appoint another person (referred to as an agent) to assist with the principal’s finances on their behalf.  Often, spouses, children or siblings act as agent for the principal. However, many agents accept their role without understanding the responsibilities and potential litigation commenced by …

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By Brian L. Miller, Esq., Littman Krooks LLP Recently, the New York chapter of the National Academy of Elder Law Attorneys (NAELA) proposed legislation in Albany regarding the unlicensed practice of law surrounding Medicaid applications submitted by non-attorneys. While federal regulations allow non-attorneys to prepare and submit routine Medicaid applications on behalf of an applicant, often submitting Medicaid applications requires more than simply filling out a form. Prior to submitting …

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Article 81 Guardianship Litigation

By Stephanie L. Goldstein, Esq., Littman Krooks LLP In light of how they have been portrayed in the media lately, guardianships can be viewed negatively by those who have not been personally involved in the process. The application process can appear daunting as there is little information provided to the public.  We are here to illuminate the process. In New York, pursuant to Article 81 of the Mental Hygiene Law, …

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Hey Dad, Can I Borrow Some Money?

By: Bernard A. Krooks, Certified Elder Law Attorney We all want to do right by our children. Sometimes, even as adults, our children encounter cash flow issues and need a little help. So, as parents we are often called upon to lend money to our children. As lawyers, we hear similar stories all the time: parent advances money to a child and the child is not making payments on the …

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Securing the Safety of Clients in Family Court

Multi-generation-family-portrait

By: Laura Brancato, Esq., Littman Krooks LLP Elder Law practitioners work within complex family dynamics when they engage with their clients on a variety of topics. Most often, even if tension exists among family members, the exchanges among the parties are civil. In some circumstances, however, family dynamics are more complex and even become unsafe. When this arises the elder law practitioner is faced with how best to advise a …

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Remote Notarization and Witnessing Has Ended

By Brian L. Miller, Esq. With Governor Cuomo officially ending the New York State’s COVID-19 State Disaster of Emergency on June 24, 2021, so too ended his authority to suspend and modify laws using executive orders.  As such, the Governor’s executive orders which allowed remote notarization and remote witnessing of documents have ended. Effective June 25, 2021, your estate planning and other legal documents executed in New York must be …

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The Benefits of a Credit Shelter Trust

By Joel Krooks, Esq., Littman Krooks LLP In 2021, the New York estate tax exemption amount is $5,930,000. If an individual has over $5,930,000 of assets, then that individual will owe an estate tax at their passing. One planning technique for individuals to consider is to use a Credit Shelter Trust in estate planning documents. This planning tool is only for married couples. The main benefit of a Credit Shelter …

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Zoom Conference: Financial Elder Abuse and Fraud

choosing a health care agent

June 15th is World Elder Abuse Awareness Day. Because of the many issues surrounding elder abuse, Littman Krooks attorney Brian L. Miller, Esq., and his guest, Ilene Amiel, Financial Care Manager from Personal Affairs Administrator Inc., are a hosting a discussion on financial elder abuse. Brian and Ilene will discuss money management and how we can work together as a team to protect our clients. Topics include: Abuse by third …

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