Law Brief ®: Alexis Gruttadauria and Richard Schoenstein Explore The New NYS Power of Attorney Form
Ruder Ware's Elder Law Team Recognizes National Special Needs Law Month - Part 2
Exploring Digitization of Health and Medical Data and Records Part Two
Are your estate planning documents protecting your assets?
Because this writer is now of “that age” and the topic of senior mental infirmity seems to be a focal point of the 2024 Presidential race, I have been watching a podcast about powers of attorney and their cousins the...more
As our loved ones age, it is crucial to ensure their safety and well-being, especially in the face of potential threats like elder fraud. Protecting older family members from financial exploitation requires proactive measures...more
Though some situations cannot be avoided, legal documents can be employed to clarify your wishes and priorities. If you become debilitated by an illness or injury, an advance directive can detail which treatments and...more
Guardianship and conservatorship are both legal arrangements in which a court appoints someone to act on behalf of another person who cannot take care of themselves. A person is deemed legally incapacitated when they cannot...more
Conversations with loved ones who are declining in health and perhaps advancing in age are difficult. Such difficulty is only exacerbated when that loved one is losing their ability to make healthcare decisions on their own...more
What happens when someone who is responsible for an incapacitated family member or a minor child becomes no longer able to do so? For a Guardian serving under court ordered authority, the appointment process for a successor...more
As estate planning attorneys, we not only discuss with clients the importance of having estate planning documents in place, but also the importance of updating documents when life changes. As a rule of thumb, estate planning...more
It can be difficult to talk with loved ones about protecting their assets or managing their financial affairs. Even if you have been assisting your loved ones with their finances for some time, it can be quite emotional and...more
In general, estate planning benefits not only the principal’s life, but also the lives of their family members and agents. Prior planning includes wills, trusts, health care proxies, advanced health care directives and...more
Under the umbrella of probate litigation falls guardianship and conservatorship disputes, Will and trust contests, fights over family real estate and whether or not a gift was actually meant to be a gift. The most basic and...more
Planning for the end of one’s life, or potential incapacity, is probably something an individual in their 20’s, 30’s, or even 40’s does not want to contemplate. Even those in their later years might find it a difficult topic...more
If you’re a probate attorney (or someone with a Netflix account), I expect you’ve seen or heard about the somewhat disturbing film “I Care a Lot.” The movie, which debuted on Netflix in February 2021, is a dark comedy...more
After suffering a major stroke in response to her husband’s untimely death, Juliet remains alive but unresponsive in the hospital. She will need an individual or individuals to make health care and other personal decisions,...more
As a reminder about the Austen family, wife Juliet suffered a stroke upon learning the news of her husband’s death. She is alive but unresponsive. Her husband’s estate planner, Attorney Hume, advised their daughter Kate that...more
Rogers Guardianship For families like the Austens, guardianship can offer crucial tools to help protect, treat, and improve the quality of life for a loved one, like Claire, who is living with schizophrenia, bipolar...more
These proceedings often involve a lot of parties, and often times clients are surprised that so many “extra” people are involved in their family affairs....more
As promised in my prior post on initial Guardianship and Conservatorship filings, this post will expand on issues of standing, notice, and objections. Who can file for Guardianship or Conservatorship? Any interested party...more
My colleague, Hether Cahill, previously addressed the relationship between a guardianship and health care proxy and a conservatorship and durable power of attorney. The purpose of this blog is to further explore the use of...more
As previously discussed, guardianships and conservatorships involve making personal and financial decisions for persons who are unable to make decisions for themselves. This sounds a lot like what can be accomplished by a...more
Amid the chaos of COVID-19, estate planners and elder law attorneys across the country are busy fielding calls and questions about how to prepare for the global pandemic. After all, aside from drafting and executing estate...more
Many of us love to make New Year’s resolutions – with a fresh, clean calendar laid out before us, the possibilities seem endless! But that vast expanse of “what might be” can also be overwhelming. So, if estate planning is on...more
An estate planning rule of thumb is to review (and, if necessary, revise) one’s estate plan in light of major life events. Such events include a marriage, birth of a child and a divorce. A second marriage also calls for an...more
While we may know better, an 18 year old college student is generally considered an adult under New York law. Your rights as a parent to make decisions for your child change suddenly when he/she turns age 18. You no longer...more
Why Young Adults Need Power of Attorneys - When children turn 18, they legally become adults. If there was a catastrophic life event which rendered them unable to make their own life decisions, their parents no longer...more