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By Kat Black | May 16, 2024
A skilled nursing facility in Los Angeles won the right to compel arbitration in the case of a wrongful death lawsuit filed by the parents of one of its residents.
4 minute read
By Daniel G. Fish and Paige Dubicki | May 8, 2024
Counsel to petitioners in guardianship matters should specifically advise clients that they may be personally liable for the fees of court appointees.
7 minute read
By Melissa Acosta-Amarante | April 12, 2024
"Experiences like the 4.8 magnitude earthquake can serve as a reminder or wake-up call about the importance of getting your estate plan in order," writes trusts and estates paralegal Melissa Acosta-Amarante.
5 minute read
By Allison Dunn | March 1, 2024
The bill specifies that no financial institution staff member who receives the training will be liable in any civil or administrative proceeding for disclosing the suspected financial exploitation of an elderly or vulnerable adult if disclosure was made in good faith and with reasonable care.
5 minute read
By Daniel G. Fish | February 14, 2024
Decades ago, seniors purchased private long-term care insurance rather than rely upon their own savings or Medicaid. Many of them are now receiving letters raising their premiums to levels that they can no longer afford. They are offered a bewildering series of options including maintaining their coverage or reducing their benefits. The analysis is so complicated that many seniors are seeking advice from elder law attorneys.
6 minute read
By Fern Finkel, Chair, Elder Law and Special Needs Section | January 11, 2024
Fern Finkel, chair of the Elder Law and Special Needs Section, writes: This year, 11 of our executive committee section members have seats on Governor Kathy Hochul's Master Plan on Aging, enabling us to further contribute to the roadmap for resolving some of the issues that confront our seniors and persons with special needs.
4 minute read
By Amanda O'Brien | December 19, 2023
Dietrich Law, with three attorneys, has a focus on representing senior care facilities.
4 minute read
By Daniel G. Fish | November 16, 2023
The New York Long Term Care Trust Program was proposed to address the issue of long-term care insurance through a mandatory payroll tax. Although not enacted, the bill signals a willingness to consider a fundamentally new approach to this issue.
5 minute read
By Adolfo Pesquera | October 4, 2023
The facts of the underlying case involved a couple, Clyde and Dorothy Burt of Cleburne, who sold their residence to their daughter and were living in a rental before going to a nursing home. They then purchased a 50% interest in the home sold to the daughter, but the commission refused to recognize it as their home.
4 minute read
By Daniel G. Fish | August 8, 2023
Circumstances in life are constantly changing, and it may be in the best interest of a person subject to a guardianship in another jurisdiction to have a New York court accept the transfer of the out-of-state guardianship. Such a transfer is governed by Article 83.33 of the Mental Hygiene Law, effective April 21, 2014.
7 minute read
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