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Protecting Independence While Planning Ahead: Understanding Capacity in New York
By: Melissa L. Steinberg, Esq. When does “I’ve got it” quietly turn into “I might need help?” For many adult children, the shift isn’t obvious. It shows up in subtle ways: a missed payment, a confusing phone call, a new “friend” getting unusually involved. At the heart of these situations are questions of “capacity.” Understanding…
The Emotional Side of Planning for the Future and Why Support Matters
By Francesca Dumont According to a 2025 Pew Research Center study, only about 31% of Americans have a will or advance directive documents as part of their estate plans. This means that the majority of individuals have not put any formal estate plan in place for their future. Estate planning attorneys serve a dual role…
Planning for a Child with Disabilities Who Is Approaching Adulthood
By: Jessica A. Saio, Esq. As a child with disabilities approaches adulthood, families face an important transition. At age 18, individuals are presumed to have the right to make their own decisions and parents no longer have decision-making authority. Without proper planning, parents may lose the ability to make medical, financial, or other critical decisions…
The Five Biggest Medicaid Planning Mistakes — and How to Avoid Them
By: Brian L. Miller, Esq., CELA Planning for long-term care requires more than simply meeting Medicaid’s income and asset limits. New York’s Medicaid rules are complex, and without proper planning, individuals and families can make costly mistakes that delay eligibility and unnecessarily deplete assets. Whether you are planning in advance or facing an immediate need…
The Pros and Cons of Co-Fiduciaries in Estate Planning
By: Joel Krooks, Esq. In estate planning, a fiduciary is someone entrusted with managing another person’s assets and affairs, often serving as an executor, trustee, or power of attorney. Many individuals consider appointing co-fiduciaries—two or more people sharing fiduciary responsibility—to ensure a balance of perspectives and safeguard decision-making. Many clients express a desire to treat…
Disinheriting a Family Member from Your Estate Plan
By Amy C. O’Hara Disinheriting a family member is a sensitive and often emotional topic. It must be handled carefully. Many people assume that they are entirely free to leave their property to whomever they choose. However, New York law has specific rules that protect spouses and restrict the ability to disinherit them. Understanding who…
New York Medicaid Updates for 2026: What You Need to Know
By Brian L. Miller, Esq., CELA New York State has released several important Medicaid policy updates that will take effect in 2026. These changes affect how transfer penalties are calculated, whether applicants must pursue other benefits, and the financial eligibility standards used in Medicaid budgeting. Here’s a practical overview of what has changed—and why it…
Holiday Reflections: The Importance of Elder Law & Special Needs Planning and Checking In on Loved Ones
By: Jessica Saio As the holiday season unfolds, we often find ourselves gathering with family, reflecting on the past year, and planning for the future. These moments are a powerful reminder to consider the long-term well-being of our aging family members, relatives with special needs, and other loved ones who may require extra care and…
The Role of the Due Process Hearing when Challenging a School District’s IEP
By: Arshi Pal, Esq. The Individualized Education Program (IEP) is the central mechanism by which a school district ensures a student with a disability receives a free appropriate public education (FAPE). The Committee on Special Education (CSE) must meet at least annually to create the student’s IEP. The IEP is an important document that contains…
New York Implements a Minimum Activity of Daily Living Making it Harder for Individuals to Qualify for Community Medicaid
By Brian L. Miller, CELA® In April of 2020, New York passed legislation requiring individuals applying for Community Medicaid to meet a minimum threshold of assistance or supervision with Activities of Daily Living (ADLs). The implementation of these new rules was delayed due to the COVID pandemic. Now, more than five years later, the Centers…


