Daniel G Fish

August 15, 2019 | New York Law Journal

In his Elder Law column, Daniel Fish discusses a new rule that requires local Medicaid offices to reject enrollment in a pooled income trust made under a power of attorney lacking a statutory gift rider. The rule will have the effect of causing unnecessary nursing home placements, and the legal basis for the directive is highly questionable.

By Daniel G. Fish

7 minute read

May 16, 2019 | New York Law Journal

A predatory marriage is one where one party lacks capacity and the other party exploits that weakness and has them secretly marry to gain a portion of the estate. In his Elder Law column, Daniel Fish discusses a recent legislative proposal which could force the wrongdoer to forfeit their claim against the estate.

By Daniel G. Fish

7 minute read

February 14, 2019 | New York Law Journal

In his Elder Law column, Daniel G. Fish discusses the fair hearing process as a means of challenging agency decisions of applications for Medicaid home care benefits and nursing home care. Given the size of the Medicaid program, perhaps it is not surprising that there are errors made by the agency. To manage expectations, clients should be advised, before the application is filed, to anticipate that their application may be initially denied erroneously or even after eligibility has been established, but that there is a process to challenge adverse determinations.

By Daniel G. Fish

7 minute read

November 15, 2018 | New York Law Journal

In his Elder Law column, Daniel G. Fish discusses a decision of a Connecticut appellate court, 'Bloomfield Health Care Center of Connecticut v. Jason Doyon', which should serve as notice to guardians to pay close attention to the status of potential Medicaid eligibility of wards and to seek advice from a source that has extensive experience with the intricate requirements of Medicaid eligibility

By Daniel G. Fish

7 minute read

November 15, 2018 | Connecticut Law Tribune

In his Elder Law column, Daniel G. Fish discusses a decision of a Connecticut appellate court, 'Bloomfield Health Care Center of Connecticut v. Jason Doyon', which should serve as notice to guardians to pay close attention to the status of potential Medicaid eligibility of wards and to seek advice from a source that has extensive experience with the intricate requirements of Medicaid eligibility

By Daniel G. Fish

7 minute read

August 16, 2018 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes: Buzz Aldrin was the second person to set foot on the moon's surface and only 12 people have set foot there. But now he is one of an estimated one and a half million adults who are the subject of guardianship proceedings in the United States.

By Daniel G. Fish

6 minute read

May 17, 2018 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes: For the client who is considering a transfer to a trust of property that is encumbered with a loan secured by a lien, great care must be exercised at the initial stage to ensure that the property can be successfully transferred and that it can be transferred without triggering the due-on-sale clause.

By Daniel G. Fish

6 minute read

February 20, 2018 | New York Law Journal

In this Elder Law column, Renee R. Roth and Daniel G. Fish write: The conflict that has surfaced between fiduciaries of an estate and the Internet companies could be headed for a decision by the Supreme Court of the United States.

By Renee R. Roth and Daniel G. Fish

7 minute read

November 16, 2017 | New York Law Journal

In this Elder Law column, Renee R. Roth and Daniel G. Fish write: Guardianship cases require a careful balancing of the public's right to access to the proceeding and the AIP's right to privacy. It should be observed that these cases are markedly different from ordinary judicial proceedings where the parties voluntarily participate and understand that personal details of their lives may become public.

By Renee R. Roth and Daniel G. Fish

8 minute read

August 17, 2017 | New York Law Journal

Elder Law columnist Daniel G. Fish writes: A recent column in the New York Times questioned the ethics of advising clients about Medicaid eligibility. The planning is pejoratively described as "the mini-industry of lawyers and others who help people arrange their financial lives so they don't spend every last dime on a nursing home." Once again, it is necessary to explain the circumstances that lead seniors to seek valid legal representation.

By Daniel G. Fish

6 minute read