Daniel G Fish

September 13, 2004 | New York Law Journal

Daniel G. Fish, a member of Freedman and Fish, writes that this year the New York State Legislature delivered the state budget a record-breaking 133 days past due. For the elderly, it was a time of great apprehension, caused by the governor's proposal to restrict Medicaid eligibility. Better late than never, the Senate and Assembly rejected the governor's proposal.

By Daniel G. Fish

8 minute read

December 31, 2008 | New York Law Journal

Daniel G. Fish, a principal in Daniel G. Fish LLC, writes that an attorney who is involved in a hoarding case will by definition need support from a variety of disciplines; the first may be someone with a professional understanding of the mental health aspects of hoarding. The team, he advises, may include a heavy-duty cleaning company similar to the type used to clean up crime scenes, a landlord-tenant attorney, a clutter support group, a community hoarding task force, animal control, fire department, health department, and adult protective services.

By Daniel G. Fish

7 minute read

September 07, 2006 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, writes that the Court of Appeals has strictly limited the authority of an agent under a statutory power of attorney to make gifts. Any gift must meet the test of being in the principal's best interest.

By Daniel G. Fish

8 minute read

March 18, 2002 | New York Law Journal

T he sedate world of guardianship practice in elder law is not accustomed to the glare of the recent tabloid media attention it has received, typified by The Daily News headline of May 21, 2001, "System`s Exploiting the Helpless."

By Daniel G. Fish

9 minute read

June 04, 2008 | New York Law Journal

Daniel G. Fish, a principal in Daniel G. Fish LLC, reviews the new state law that elevates assaults on the elderly from misdemeanors to felonies. This inclusion of age as a hate crime class is unusual and raises the question of whether it protects the elderly or whether the inclusion itself perpetuates a stereotype of those 65 years of age and older as frail and vulnerable.

By Daniel G. Fish

7 minute read

March 08, 2006 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, reviews the legislative history of the Deficit Reduction Act, including the introduction of a discrepancy between the House and Senate versions--a discrepancy which, if the Alabama elder law attorney who filed suit receives the declaratory judgment sought, will cause the act to be declared unconstitutional, unenforceable and null.

By Daniel G. Fish

8 minute read

November 30, 2009 | New York Law Journal

Daniel G. Fish, a principal in Daniel G. Fish LLC, writes that attorneys advising clients with "crisis planning," where a family member is currently in a nursing home, often have to choose between the use of a personal service contract or a gift and promissory note. Each of these post-Deficit Reduction Act techniques, he reports, has been the subject of a recent judicial opinion.

By Daniel G. Fish

8 minute read

July 06, 2007 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, updates three of his prior columns in light of recent decisions from the D.C. Circuit Court of Appeals, the Second Department and a New York State Medicaid fair hearing.

By Daniel G. Fish

8 minute read

May 13, 2011 | New York Law Journal

In his Elder Law column, Daniel G. Fish of Daniel G. Fish LLC discusses how a federal whistleblower suit and a federal class action suit have resulted in the Medicaid program simultaneously being accused of offering too much home care in the former and not offering enough home care in the latter.

By Daniel G. Fish

6 minute read

August 12, 2011 | New York Law Journal

In his Elder Law column, Daniel G. Fish, a principal in Daniel G. Fish LLC, reviews a case involving a New Jersey resident who worked in New York and bought a house in Staten Island for his parents where he occasionally stayed to assist them. The decision declaring him a statutory resident and subject to New York income tax serves as a warning to non-residents who purchase homes in New York for their parents who are in poor health.

By Daniel G. Fish

6 minute read