Daniel G Fish

August 13, 2024 | New York Law Journal

"Special proceedings should not be transmuted into plenary proceedings for the tactical advantage of one party," writes Daniel G. Fish.

By Daniel G. Fish

6 minute read

May 08, 2024 | New York Law Journal

Counsel to petitioners in guardianship matters should specifically advise clients that they may be personally liable for the fees of court appointees.

By Daniel G. Fish and Paige Dubicki

7 minute read

February 14, 2024 | New York Law Journal

Decades ago, seniors purchased private long-term care insurance rather than rely upon their own savings or Medicaid. Many of them are now receiving letters raising their premiums to levels that they can no longer afford. They are offered a bewildering series of options including maintaining their coverage or reducing their benefits. The analysis is so complicated that many seniors are seeking advice from elder law attorneys.

By Daniel G. Fish

6 minute read

November 16, 2023 | New York Law Journal

The New York Long Term Care Trust Program was proposed to address the issue of long-term care insurance through a mandatory payroll tax. Although not enacted, the bill signals a willingness to consider a fundamentally new approach to this issue.

By Daniel G. Fish

5 minute read

August 08, 2023 | New York Law Journal

Circumstances in life are constantly changing, and it may be in the best interest of a person subject to a guardianship in another jurisdiction to have a New York court accept the transfer of the out-of-state guardianship. Such a transfer is governed by Article 83.33 of the Mental Hygiene Law, effective April 21, 2014.

By Daniel G. Fish

7 minute read

May 08, 2023 | New York Law Journal

A recent fair hearing decision denying a home care application, based on language in a trust that New York City Medicaid previously had routinely approved, has been vacated.

By Daniel G. Fish

7 minute read

February 15, 2023 | New York Law Journal

Two recent opinions cast doubt upon the applicability of CPLR Section 3217, (voluntary discontinuance) to guardianship cases, writes contributor Daniel G. Fish.

By Daniel G. Fish

7 minute read

November 16, 2022 | New York Law Journal

New York state's home care program has kept many seniors at home and out of nursing homes. It is a humane and cost effective approach to long-term care. The logic behind the 30-month "look-back" period for Medicaid home care is suspect.

By Daniel G. Fish

5 minute read

August 09, 2022 | New York Law Journal

There is little statutory guidance in New York state for a notary who is attempting to notarize a document by mark for a disabled individual. This article looks at the legal quandaries that may arise with a client who cannot write out his or her name or is otherwise unable to sign a document and also addresses the idea of notarization by mark or notarization by proxy in New York state.

By Daniel G. Fish

5 minute read

May 11, 2022 | New York Law Journal

More than lofty goals, the GDI has produced concrete steps to try to ensure that subjects of guardianship proceedings are being represented by attorneys who mirror their experience.

By Daniel G. Fish

6 minute read