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 […]
Category Archives: Rochester NY Elder and Estate Law
A New York developer planned to build a 72- unit assisted living facility for the aged with staff offering residents assistance with meals and daily activities, but not skilled nursing care. The proposed site is zoned partly for commercial use and partly for residential use. After the Board of Zoning Appeals rejected the builder’s bid […]
A Will names an executor who has the power to petition the Surrogate’s Court to probate it. An executor is the “personal representative” and fiduciary of the decedent and as such must administer the estate. The executor must ensure that the Will is carried out. In general, the executor must: Handle funeral arrangements and pay […]
When you write a Will as testator in Rochester, NY, it is especially important to choose competent and trustworthy executors and alternate executors.Otherwise, even careful estate planning may be rendered useless.The executor can be any person or institution that you choose.However, an executor should be: Experienced and competent in business matters; Familiar with your business, […]
The 2010 New York Medicaid regional rates used to determine a transfer of assets penalty period are: Region Monthly Regional Rate Central New York $7,264 Long Island, NY $11,227 New York City $10,285 Northeastern New York $7,927 Northern Metropolitan NY $10,163 Rochester, NY $9,058 Western New York $7,694 These rates are based on average nursing […]
Probate is the process of proving that the Will of a deceased person (testator) is in fact his or her Will and reflects his or her wishes.The purpose of probate is to prove the validity of the Will, have the executor appointed and administer the estate. A Will may not be probated unless the Surrogate’s […]
In an New York Guardianship Article 81 proceeding, the New York Supreme Court, Cortland County, appointed the court evaluator as a “monitor” to oversee the financial transactions of the Alleged Incapacitated Person (AIP), instead of appointing a guardian. The AIP suffered from a bout of hypomania causing him to engage in irrational and excessive spending. […]
The mother executed a deed transferring her home to her son. She continued to live in the home with her son until her death, during which time she paid the real property taxes. However, the deed was never recorded with the Onondaga, New York County Clerk. The public administrator of the mother’s estate commenced an […]
A new law concerning New York powers of attorney, originally effective March 1, 2009, has been delayed until September 1, 2009. There are ten major changes affecting the content and the execution of the power of attorney form: GIFT RIDER: To authorize the agent to make gifts, gift-giving authority must be initialed by the principal […]
A new five-star rating system ranks the quality of the nation’s 15,800 nursing homes that participate in Medicare or Medicaid. It is based on state and federal health inspection surveys, quality-of-care data, and staffing information. A five-star ranking indicates that a nursing home is performing well above average and one star means it ranks well […]