Category Archives: Rochester NY Elder and Estate Law

New York Will Contested For Undue Influence

Mother died at age 84 survived by twin daughters, Elizabeth and Julia. One day after her mother’s death, Elizabeth petitioned for probate of  a will executed less than four months earlier, which left her the entire estate. Julia contested the will alleging fraud and undue influence on the part of the Elizabeth. After a non-jury […]

Can Your POA Save Your Home From Medicaid?

If you require nursing home care, your home can be transferred to certain relatives without disqualifying you from Medicaid. The New York five-year look-back period does not apply to transfers of your primary residence to: (1) your spouse and minor, disabled or blind children; (2) your sibling with an equity interest who has resided in […]

Deed to Living Trust Avoids Probate

A New York resident executed a living trust agreement that  simply recited that his house belonged to and had been assigned to it. However, at the time of his death, no deed had actually been executed. Assets that are in a living or “intervivos” trust avoid probate only if they have actually been transferred to […]

Abusers of NY Nursing Home Patients Prosecuted

The NY State Attorney General’s prosecution of patient abuse in nursing homes resulted in the following criminal sentences: Fairport, NY LPN slapped a 90-year-old wheelchair bound woman with dementia and then wheeled her into an activities room and barricaded the door so that she could not get out of the room. One-year conditional discharge with […]

New York Daughter Can’t Evict Father Who Has an Oral Life Estate

A daughter served her father with a 30-day notice terminating his tenancy in the second-floor apartment in her New York home. Four years earlier, the father had promised to assist his daughter and son-in-law to purchase the home. In return, she agreed that her father and late mother would be permitted to reside, for the […]

New York Power of Attorney Law Revised

A new technical amendments law, effective September 12, 2010, corrects unintended problems created by New York’s Power of Attorney (POA) law that went into effect on September 1, 2009. The major changes are: Retroactive application of the technical changes to September 1, 2009. Execution of a new power of attorney will not automatically revoke an […]

What Are The Education Requirements For NY Guardians?

Each New York incapacitated person (IP) is entitled to an Article 81 guardian whom the court finds to be sufficiently capable of performing the duties and exercisingthe powers of a guardian necessary to protect the IP. Each person appointed by the New York court to be a Mental Hygiene Law Article 81 guardian must complete […]

New York Health Care Decisions Act

The New York Family Health Care Decisions Act (FHCDA) went into effect on June 1, 2010. The law allows   family members and friends to make health care decisions, including decisions about the withholding or withdrawal of life-sustaining treatment, on behalf of patients who lose their ability to make such decisions. It applies to patients who […]

New York Article 81 Guardianships

When an “Incapacitated Person” (IP) is no longer able to make certain decisions concerning the management of his or her property and/or health or well-being, the court can appoint a guardian to make these decisions for him or her. New York’s Guardianship Statute, Article 81 of the Mental Hygiene Law, ensures that the guardian’s authority […]