Daniel G Fish

February 16, 2022 | New York Law Journal

Effective May 30, 2022, a law sponsored by NYS Senator Alessandra Biaggi and NYS Assemblyman Jeffrey Dinowitz and signed by Governor Hochul will allow co-op owners to apply for reverse mortgages.

By Daniel G. Fish

7 minute read

November 29, 2021 | New York Law Journal

Article 81 is replete with references to a person consenting to the appointment of a guardian but never uses the abbreviation PING.

By Daniel G. Fish

5 minute read

August 10, 2021 | New York Law Journal

In this edition of his Elder Law column, Daniel G. Fish explains that the key to understanding elder law is the distinction between skilled medical care and custodial medical care. This concept is the wellspring, the foundation, of elder law.

By Daniel G. Fish

7 minute read

May 19, 2021 | New York Law Journal

In this edition of his Elder Law column, Daniel G. Fish discusses a change to Medicaid eligibility for community based long-term care in New York state, which has introduced a high level of uncertainty. The ambiguity presents a tremendous quandary for seniors and elder law attorneys attempting to plan rationally.

By Daniel G. Fish

6 minute read

February 17, 2021 | New York Law Journal

On Dec. 15, 2020, Gov. Andrew Cuomo signed legislation that made significant changes to the statutory short form power of attorney, effective on June 13, 2021. In this edition of his Elder Law column, Daniel G. Fish examines the changes.

By Daniel G. Fish

6 minute read

November 12, 2020 | New York Law Journal

For the client who is concerned that "Medicaid is going to take my house," the most accurate response is that there is no clear answer until a complete analysis has been made.

By Daniel G. Fish

7 minute read

August 13, 2020 | New York Law Journal

The power of attorney is an extraordinarily useful tool in the event of incapacity because it can avoid the need for the costly, time consuming and intrusive guardianship. But, it has morphed into such a complex document that it requires the assistance of an attorney to assure that it is properly executed.

By Daniel G. Fish

7 minute read

May 14, 2020 | New York Law Journal

No matter how significantly COVID-19 has changed manner in which elder law is practiced (shuttered courthouses, self-isolation, remote computing and video conferencing), the substantive law changes during this period have been even more momentous.

By Daniel G. Fish

7 minute read

February 13, 2020 | New York Law Journal

In a significant and constructive development, the New York State Department of Health (DOH) has confirmed that it will advise local Medicaid districts to no longer impose a restrictive Medicaid position that unnecessarily forced seniors into nursing homes. Daniel G. Fish discusses in this edition of his Elder Law column.

By Daniel G. Fish

6 minute read

November 14, 2019 | New York Law Journal

The Social Security Administration has created great uncertainty for attorneys who only draft supplemental needs trusts, but do not represent clients before the agency. In his Elder Law column, Daniel Fish discusses a new transmittal that could be interpreted to mean that such attorneys must have their fees approved in advance or be subject to criminal penalties.

By Daniel G. Fish

6 minute read