Daniel G Fish

September 11, 2008 | New York Law Journal

Daniel G. Fish, a principal in Daniel G. Fish LLC, writes that two recent legislative enactments have dramatically changed the landscape of guardianship practice: the first resolves the debate over the authority of a guardianship court to invalidate the last will and testament of a living person: the second clarifies the duties of a guardian when the incapacitated person dies.

By Daniel G. Fish

8 minute read

January 12, 2006 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, writes that Congress is considering what would be the most dramatic overhaul of Medicaid eligibility rules in 12 years. The three most restrictive provisions would extend the look-back period to 60 months, change the start date of the penalty period and deny benefits if the home equity is $500,000.

By Daniel G. Fish

8 minute read

March 10, 2005 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, writes that Governor George Pataki's recent budget proposal again seeks to change federally enacted Medicaid eligibility rules. The budget contains exactly the same restrictive provisions regarding Medicaid eligibility that the Legislature rejected last year.

By Daniel G. Fish

8 minute read

June 03, 2009 | New York Law Journal

Daniel G. Fish, a principal in Daniel G. Fish, LLC, writes that the Fairness in Nursing Home Arbitration Act, which would prohibit pre-dispute arbitration agreements between a long-term care facility and its residents or those who act on behalf of its residents, has started a debate between those who argue in favor of arbitration's efficiency and those who hold that, given the fundamental rights at stake and the relative inequality of the bargaining positions, mandatory pre-dispute arbitration harms the one and a half million residents in nursing homes. Several state Supreme Courts have addressed this issue with non-uniform results because the cases are fact sensitive and there are a number of different legal theories relied upon.

By Daniel G. Fish

7 minute read

February 19, 2010 | New York Law Journal

Daniel G. Fish, a principal in Daniel G. Fish LLC, writes that the strongest motivating characteristic of the elder law client is the desire to protect the homestead, often by transferring it into a trust. While not difficult when the asset is a private home, funding the trust becomes much more complicated when the asset is a cooperative apartment.

By Daniel G. Fish

8 minute read

November 06, 2008 | New York Law Journal

Daniel G. Fish, a principal in Daniel G. Fish LLC, writes that the hallmark of the elder law practice is its interdisciplinary nature. Recommendations which are based upon legal considerations alone will be incomplete, he warns. Many of the outcomes in an elder law case will be determined by forces outside of the control or expertise of an attorney. The elder law attorney should work with other professionals in the aging field to present recommendations that take into account the entire constellation of forces at play.

By Daniel G. Fish

7 minute read

March 03, 2008 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, writes that despite the case law and statute requiring that German restitution payments be disregarded, Medicaid has refused to exempt such payments when they have been "commingled." This practice has been rejected by a recent fair hearing decision that simplified the process to identify these payments.

By Daniel G. Fish

7 minute read

December 11, 2006 | New York Law Journal

Daniel G. Fish, a member of Freedman Fish & Grimaldi, writes that the Deficit Reduction Act imposed severe restrictions on Medicaid eligibility. This has caused elder law attorneys to examine alternative approaches, such as the personal service contract, which allows parents to pay their child for care.

By Daniel G. Fish

9 minute read

August 20, 2010 | New York Law Journal

In his elder law column, solo practitioner Daniel G. Fish analyzes the recent ruling in Stein v. Nassau County, and discusses whether a grant of authority continues once authorized or is a one-timed deal that must be renewed with each medical decision.

By Daniel G. Fish

7 minute read

June 17, 2004 | New York Law Journal

Daniel G. Fish, a member of Freedman and Fishand a certified elder law attorney, writes that, for older clients in particular, the best time to deal with a crisis is before it happens.

By Daniel G. Fish

8 minute read