Do I Need a Power of Attorney?
YES, YES, YES! If you are over the age of 18 (and chances are if you’re reading this you are), you should have a power of attorney. Unless you would rather leave it up to a judge. A power of…
Should Tom Hanks be my Health Care Proxy?
As Elder Law attorneys we are keenly aware of the many serious issues that impact the senior citizen population. We take great pride in being advocates for our senior clients and strive to educate our clients and the general population…
Advance Directives: What You Need to Know
An individual’s estate plan should include legal documents that authorize a person of your choosing to make the necessary financial and health care decisions for you in the event you are unable to make your own decisions. Every adult individual…
Who Can Make Decisions for My College-Bound Child?
As your child prepares to graduate from high school, you have a laundry list of things that you will do for them. From completing those college applications to getting them Prom ready, you have your hands full. Before you send…
How Do I Transfer Guardianship From One State to Another?
A guardianship proceeding can be very expensive, very time consuming, and very emotionally and physically draining—for the person who needs a guardian and the family members as well. Why is this? Take a look at the reasons below: You have to file a petition…
Can a Guardian Bring a Divorce Proceeding?
As divorce, blended families, and second and third marriages become more common in our society, the questions of how these changing family dynamics will impact our aging population have become more complicated. The issue of divorce becomes especially complicated when…
Which Type of Guardianship is Appropriate for My Situation?
In New York, there are only two guardianship proceedings for adults, namely Surrogate’s Court Procedure Act (SCPA) Article 17-A guardianship, and Mental Hygiene Law (MHL) Article 81 guardianship. Although the basic premise for these two guardianship proceedings is the same…
The Role and Importance of Power of Attorney Agents
To the average person, there may not seem to be much of a difference between an agent under a power of attorney and a court-appointed guardian, since both are third parties that could be authorized to handle financial and legal…
What You Need to Know About Executing a MOLST Form
In Do I Need a MOLST Form?, we discussed who might need a MOLST form and in which situations. Below we’ll discuss how a MOLST form is executed. There are certain medical requirements that need to be met in order…
Requirements for Becoming a Guardian in New York
There are three types of guardianship proceedings in New York State: Article 17 - Guardianship of minors. Article 17A - Guardianship of adult individuals with intellectual or developmental disabilities. Article 81 - A mental hygiene proceeding for adults who had…