Thanks to a recent court ruling, the conservatorship of singer Britney Spears has again received wide media attention in the past few weeks. The conservatorship of Spears has been a matter of public debate since it was initiated in 2008,…
If you have minor children then it is highly recommended that you designate a standby guardian by executing a Designation of Standby Guardian under SCPA 1726(3), and that you execute a Last Will and testament that nominates a permanent guardian…
When considering how to manage the property and/or well-being of a person under a disability, the need to be appointed a guardian for that person often becomes part of the conversation. In New York State there are three types of…
When considering how to manage the property and/or well-being of a person under a disability, the need to be appointed a guardian for that person often becomes part of the conversation. In New York State there are three types of…
When considering how to manage the property and/or well being of a person who is a minor, or who may be considered disabled, the need to be appointed a guardian for that person often becomes part of the conversation. In…
In New York State there are three types of guardianship proceedings whereby a guardian can be appointed. Three Guardianship Proceedings The three guardianship proceedings, which are established by separate statutes, are as follows: Surrogate’s Court Procedure Act (SCPA) Article 17…
A Medicaid plan can be presented to the guardianship court either before a guardian has been appointed or after, depending on when the need for a Medicaid plan arises. Medicaid Planning at the Onset of the Guardianship Proceeding If the…
For many individuals who have capacity or who have executed a durable power of attorney with sufficient authorities granted to their agents, the ability to engage in a well-thought-out Medicaid plan is a given. Beginning with a Court Proceeding However,…
Guardianships: A Practical Explanation Eric J. Einhart joined Hilary Topper on her talk show, Hilary Topper on Air. During this show, Eric discusses Frequently Asked Questions on Guardianships. Here are some of the questions he addresses during the show: What…
As Elder Law attorneys we advise our clients to execute durable powers of attorney in order to ensure that someone they trust is authorized to manage their property in the event that they no longer have the capacity to do…