Guardianship for Adults
Sometimes family members have emotional difficulty in reaching out to an attorney who can draft essential planning documents to meet their own or a loved one’s financial and personal needs. This results in family members having to petition a court to get the powers they need to assist their relatives. Our office is prepared to compassionately assist families in bringing this Guardianship court proceeding.
Click here to download a copy (.pdf) of our Guardianship for the Mentally Impaired brochure.
“A man who does not plan long ahead will find trouble at his door.” – Confucius, Chinese philosopher and religious leader (551-479 BC)
Up until September 2011, Medicaid recovery was generally limited to assets passing under the deceased Medicaid recipient’s Will. New regulations allow New York State to seek to recover for Medicaid paid during the Medicaid recipient’s lifetime against the following assets of the deceased Medicaid recipient:
• Joint Assets and Assets Passing by Survivorship
• Retained Life Estates
• Revocable Trusts and some Irrevocable Trusts – i.e., undistributed income
Because there is no grandfather provision, the new rules apply to all Medicaid recipients who die after September 7, 2011. Seniors should seek the a review of their current estate and Medicaid Planning of an Elder Law attorney in light of these new regulations.
Probate, Estates & Trusts
To meet your planning and administration needs, I will take the time to:
• Explain probate and trust and estate administration so they are understood.
• Advise you of the duties of an executor, a Trustee, and answer any questions, so you may make an informed choice when selecting a fiduciary.
• Represent your executor in court.
• Draft and file all appropriate Surrogate’s Court documents.
• Advise your fiduciary of their duties and answer any questions.
• Prepare and File appropriate tax returns in a timely manner.
• Oversee distribution of estate assets to the right people.
• Resolve any family disputes.
• Recommend and implement estate planning for beneficiaries, especially family members such as a surviving spouse and adult children.
Special Needs Planning: Taking Control of Your Special Child’s Future
The arrival of a child with special needs is never planned. As a parent of a 19 year old daughter with special needs, I know that our special needs children present us with many emotional challenges and emotional rewards. My biggest concern as my daughter grew was who would be there to care for her and how would her financial needs be met.
My Special Needs Planning practice addresses these concerns. I can review your estate plan and beneficiary designations and recommend changes make sure that these do not interfere with your child’s eligibility for government benefits. We can create Special Needs Trusts which will preserve your child’s eligibility for government benefits while providing a financial resource for needs not met by these programs.
Guardianship will also be a critical piece of the Special Needs Plan. It will give you the power to take care of your child’s personal and property needs when he or she turns 18. In addition to having you, the parent, appointed Guardian, at the same time you can ask the Court to appoint people succeed you if you die or are unable to be Guardian. Let me help you address these essential needs.