NEW YORK LAW ON ELDER ABUSE New York, much like every other state in the country, has a system in place to deal with elder abuse. It is both preventative and remedial in nature. Many people are more familiar with analogous child abuse protection laws. Unlike child abuse protection laws,…
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New York Estate Planning & Elder Law Blog
FILIAL SUPPORT LAWS
LAWS THROUGHOUT THE STATES More than half the states have filial support laws on their books. Most states that still have filial support laws as part of its statutory code rarely enforce them. The last time that Georgia successfully enforced its filial support law was 1936. Filial support laws are…
WHEN YOUR ATTORNEY IS A POTENTIAL WITNESS IN SURROGATE COURT
WITNESS ADVOCATE RULE In New York, as well as perhaps every other jurisdiction, an attorney may not serve as an attorney as well as a witness in the same case. Rules of Professional Conduct, Rule 3.7 is mandatory and not permissive. It does not matter if it is a bench…
PLANNING FOR YOUR PETS IN YOUR ESTATE
NEW YORK TRUSTS FOR PETS Some animals are undoubtedly beloved pets. They provide us with love and companionship, while there are other animals that are more than pets. For example, horses are an investment, they are a partner in exercise, they help some children with therapy and a comrade to…
WHAT IS LOST AFTER DIAGNOSIS OF DEMENTIA
LEGAL RIGHTS The highly charged trial of former Iowa legislature Henry V. Rayhons is now over. Five months ago, jurors voted to acquit the Defendant of third degree sexual assault. One of the voting jurors was a local reporter who wrote a revealing and no doubt personally difficult article. The…
LACKING IN MENTAL CAPACITY AND FAMILY, WHO DECIDES
On June 24, 2015 a trial Court in California invalidated a California law as unconstitutional, which created a default surrogate decision maker when that individual is mentally incapacitated and does not have a family member, or anyone else for that matter, to make key decisions for them. The law and…
LONG TERM COMMUNITY CARE REPORT CARD
2015 REPORT ON LONG TERM COMMUNITY CARE FACILITY SAFETY AND INTEGRITY On April 21, 2015, the Long Term Care Community Coalition issued a 30 page comprehensive report to document and report on the state of the long term care community. It was a report card of sorts, where the report…
WHAT OF MY ESTATE PLANNING IF MOVE TO ANOTHER JURISDICTION?
Say you live here in New York and made significant plans to avoid probate. You have a will, own a business that you pass on and even set aside significant assets for your grandchildren. You worked hard to put your financial house in order. Now you find out that you…
CAN AN HEIR BORROW AGAINST INHERITANCE?
Perhaps your prodigal child wants to start a law firm or a medical practice and needs start up funding. You have some money set aside for your children’s and grandchildren’s inheritance but agree to loan them the money out of this fund. It’s not uncommon for these monies to be…
DONATE MY BODY TO SCIENCE
Donating an organ or even a whole body for scientific study or medical education is a relatively common event, which permits a person with perhaps a rare or not well understood disease to contribute to medical science. Even if the person passes without a disease or any unique characteristics, medical…