Daniel G Fish

May 18, 2017 | New York Law Journal

Elder Law columnist Daniel G. Fish writes: The signing of estate planning documents before a notary can be challenging, given the age of clients, mobility issues, and the difficulty of travel. With electronic legal research the norm and electronic filing mandatory in many cases, it should come as no surprise that the role of the notary is also subject to Internet innovation.

By Daniel G. Fish

12 minute read

February 15, 2017 | New York Law Journal

In his Elder Law column, Daniel G. Fish reviews recent developments in the U.S. Supreme Court, Department of Health and Human Services, a Mississippi district court, and the New York Appellate Division pertaining to mandatory arbitration in nursing home agreements.

By Daniel G. Fish

12 minute read

November 18, 2016 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes: In light of the various cases in which Medicaid has postulated a scenario that would fit within the "under any circumstance" language, drafters of inter-vivos trusts must exercise caution.

By Daniel G. Fish

12 minute read

August 18, 2016 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes: Following their judicial outcomes, the the adult children of celebrities Peter Falk, Casey Kasem and Glen Campbell, denied visitation by their stepmothers, moved their focus to the legislative arena. In New York State this resulted in the July enactment of "Peter Falk's Law." But was this legislation necessary given the guardianship statute?

By Daniel G. Fish

15 minute read

May 13, 2016 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes: While there are certainly reported cases of abuse of the power of attorney, it is not clear that increased complexity has resulted in a diminution of elder financial abuse. The complexity may have resulted in a diminution of the number of people who have been able to avail themselves of the power of attorney.

By Daniel G. Fish

12 minute read

February 19, 2016 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes: Along with DWI and DUI, a new motor vehicle infraction category may be emerging: DWO (driving while old). Old age can be linked with deficits that directly impact the ability to safely control a motor vehicle, and the older driver raises issues of liability for health-care providers, policy questions for government officials and ethical issues for family members.

By Daniel G. Fish

7 minute read

November 20, 2015 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes: Some nursing homes having billing disputes with residents have turned to the guardianship statute to resolve the issue. Judicial and legislative pressures are now mounting to prohibit them from using this method to collect payment.

By Daniel G. Fish

7 minute read

November 19, 2015 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes: Some nursing homes having billing disputes with residents have turned to the guardianship statute to resolve the issue. Judicial and legislative pressures are now mounting to prohibit them from using this method to collect payment.

By Daniel G. Fish

7 minute read

August 14, 2015 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes: Guardians have long been vexed by the lack of a clear line of demarcation of their obligations in winding up the Article 81 Mental Hygiene Law proceeding after the death of the incapacitated person. A recent Court of Appeals decision offers guidance.

By Daniel G. Fish

7 minute read

August 13, 2015 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes: Guardians have long been vexed by the lack of a clear line of demarcation of their obligations in winding up the Article 81 Mental Hygiene Law proceeding after the death of the incapacitated person. A recent Court of Appeals decision offers guidance.

By Daniel G. Fish

7 minute read