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A bill signed into law by Gov. Andrew Cuomo in September requires state agencies to create guidelines that will assist healthcare providers in identifying elder abuse. The law calls for the development of screening tools, questions that healthcare providers can ask, and other resources they can use to report abuse or seek additional assistance. The law aims to help address elder self-neglect as well as abuse by others. Sen. Sue …

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IRS Increases Annual Exclusion for Gifts

By: Amy C. O’Hara, CELA, Partner, Littman Krooks LLP December 31st will be upon us before we know it.  As estate planning attorneys, now is the time of year we work with clients to evaluate their wealth transfer strategies prior to year-end and for the coming year. Effective January 1, 2018, the IRS has confirmed it is increasing the annual gift tax exclusion to $15,000 per individual recipient, up from …

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choosing a health care agent

By Alexis R. Gruttadauria, Esq., Littman Krooks LLP The Social Security Administration (SSA) recently announced a 2% Cost of Living Adjustment (COLA) for beneficiaries of Supplemental Security Income (SSI) and Social Security Benefits. This 2% increase marks the largest COLA increase since 2012 when the COLA increase was 3.2%, and according to the SSA’s October 13, 2017 press release the increase is expected to affect the benefits of approximately 61 …

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Estate Planning Tips for Newlyweds

By Ryan J. Byrnes, Esq., Littman Krooks LLP Labor Day weekend has come and gone marking the unofficial end of the summer. However, one season is still in full swing. That’s right, it’s wedding season. Many couples have said their “I Do’s” this summer and will continue to do so over the next few months. As someone who recently tied the knot, I understand the importance of laying the foundation …

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By Marion M. Walsh, Esq., Littman Krooks LLP The New York State Court of Appeals, in Meyers, et. al. v. Schneiderman, et.al, on September 7, 2017,  ruled that assisted suicide remains illegal in New York.   Specifically, the Court affirmed lower court rulings  that  that the state legislature has a rational basis for criminalizing assisted suicide.  The Court rejected the argument  that New York State Constitution protects the right to physician-assisted …

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By Arshi Pal, Esq. As the summer brings warmer weather and longer days, I look forward to my evenings in the doggy park with my twins, Louie and Simba. When I get home from work there they are waiting for me to pick them up and take them to their favorite spot. I cherish the times we spend together but I can’t help but think about what would happen to …

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17-A Guardianship

Chronic Medicaid vs. Community Medicaid in New York State Seniors who need long-term care should know that these services are not covered by Medicare, so they will need to either purchase long-term care insurance, pay out of pocket, or apply for Medicaid. In New York State, there are two different Medicaid programs: Community Medicaid, which covers care at home, such as a personal care aide, and Chronic Medicaid, which covers …

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New York Paid Family Leave

Beginning January 1, 2018, private employees in New York State will be covered by the state’s paid family leave program. Gov. Andrew Cuomo signed the family leave bill into law in 2016, along with a $15 minimum wage bill. The governor’s office described the legislation as the nation’s most comprehensive and strongest paid family leave policy. Here is what you need to know. Who is eligible? Nearly all private employees …

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By:  Bernard A. Krooks, Certified Elder Law Attorney Generally speaking, there are two kinds of special needs trusts. Those set up to handle money owned by the beneficiary (like a personal injury or medical malpractice settlement, for instance) are usually called first party special needs trusts.  Those set up by someone other than the beneficiary, to handle money not belonging to the beneficiary, are usually called third party special needs …

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Chronic and Community Medicaid in New York

By: Alexis Gruttadauria, Esq., Littman Krooks LLP You have your advance directives in place; you’ve designated in your Health Care Proxy and Living Will who you want making your medical decisions once you are no longer able to make them for yourself, and you’ve instructed your agent on what those decisions should be. Now what? How do you make sure that your agent is allowed to do his or her …

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