Daniel G Fish

December 16, 2005 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, analyzes a recent ruling that supports the elder law attorney's ability to hold the petitioner personally responsible for legal fees in a guardianship proceeding.

By Daniel G. Fish

8 minute read

October 12, 2007 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, writes that the Deficit Reduction Act was enacted so recently, February 2006, that we are only now seeing the first interpretations. A trio of recent New York state administrative fair hearing decisions has affirmed the use of DRA-compliant promissory notes for individuals who are in imminent need of long-term care services.

By Daniel G. Fish

7 minute read

July 12, 2002 | New York Law Journal

T HOSE WHO follow the reporting of medical developments in the search for a cure to Alzheimer`s disease have learned to be wary of headlines that promise breakthroughs. Overly optimistic reports, such as the linking of aluminum cook-wear to Alzheimer`s have been reported prominently and then discredited, less prominently. The same is true of headlines promising legal breakthroughs. It is important to read such reports in depth and with a critical eye.

By Daniel G. Fish

6 minute read

June 14, 2005 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, writes that In a dramatic development with significant implications in New York, Connecticut has withdrawn its controversial application for an administrative waiver of federal Medicaid eligibility law. Connecticut Governor M. Jodi Rell canceled a request that had been languishing in Washington for the last three years.

By Daniel G. Fish

4 minute read

January 04, 2008 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, writes that although the Supreme Court's decision in Long Island Care at Home v. Coke is ostensibly a labor law case, it has a significant elder law implication. The finding that third-party home-care workers are exempt from the Fair Labor Standards Act will keep down the cost of care, but may also dissuade workers from entering the home-care field. With the aging population, attention must be paid to this issue.

By Daniel G. Fish

7 minute read

April 20, 2007 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, writes: In a ruling of special significance to the guardianship bar, a three-judge panel of the U.S. Second Circuit Court of Appeals has rejected a First Amendment challenge to a rule prohibiting fiduciary appointments to high-level political party officials. Given the circumstances that led to the enactment of the rule, the decision is not a surprise.

By Daniel G. Fish

9 minute read

March 05, 2007 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, reviews two instances of grandparents seeking visitation rights. In one, the Supreme Court held the Washington state visitation statute was overbroad and unconstitutional. In New York, the Court of Appeals recently upheld a more limited statute and allowed visitation. Elder law attorneys should pay attention because demographics strongly suggest that actions such as these will increase.

By Daniel G. Fish

8 minute read

May 21, 2010 | New York Law Journal

In his Elder Law column, Daniel G. Fish, a principal in Daniel G. Fish LLC, writes that the first national program to cover custodial care was enacted on March 23, 2010, and the ground beneath the debate over coverage for long-term care has fundamentally shifted.

By Daniel G. Fish

7 minute read

June 07, 2006 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, writes that the recently-enacted Public Health Law 4201 permits the appointment in writing of an agent to make decisions regarding the disposition of remains upon death and establishes a priority ranking order in the event that there is no written appointment. Considering the myriad past legal disputes over control of the physical remains of a deceased person, those who truly wish to rest in peace should sign the new form.

By Daniel G. Fish

8 minute read

February 24, 2009 | New York Law Journal

Daniel G. Fish, a principal in Daniel G. Fish LLC, reviews the overhaul of the power of attorney statute. The most important changes restrict gift giving, increase the legal responsibility of the agent, enhance acceptance by third parties, create a new cause of action and extend coverage to medical records, but the most profound practical effect of the new statute is the possibility that the power of attorney has become so complicated that it can only be executed under the supervision of an attorney.

By Daniel G. Fish

9 minute read