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Think You Have to Disinherit Your Child with Special Needs? Think Again!

Think You Have to Disinherit Your Special-Needs Child? Think Again!Many families assume it’s better to disinherit their child with special needs. Their intentions are loving—they don’t want the child to lose their government benefits as a result of inheriting; they don’t want to do their child more harm than good. They think it would be better to leave everything to their other children, trusting that those children will take care of the child with special needs.

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Are You Prepared for the Unexpected? Avoid Stress & Cost by Planning Ahead

Are You Prepared for the Unexpected? Avoid Stress & Cost by Planning AheadAre you and your family prepared for the unexpected? In the event of a sudden illness or injury, advanced directives can save you and your family time, money, and emotional distress.

The three advanced directives everyone should consider are health care proxies, living wills, and powers of attorney, yet these precautions are often overlooked by married couples.

This year I have had the pleasure of working with a married couple who suffered an unforeseen and life-changing event: the wife suffered a debilitating stroke while undergoing a simple medical procedure, and she needed the type of care that is only available in nursing homes.

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You Don’t Need to Travel to Our Office to Get Help

You Don’t Need to Travel to Our Office to Get HelpUnless you have a crystal ball, it’s impossible to predict what the future holds. Should you become unable to make your own decisions, it is imperative to appoint someone to take care of your affairs and make healthcare decisions on your behalf.  Additionally, in order to ensure that your assets are passed on to your loved ones without problems, high legal fees and time delays, it is important to start your planning today.

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When Does Guardianship Become a Necessity?

When Does Guardianship Become a Necessity?In New York State there are three different types of guardianships:

  • Guardianship under Mental Hygiene Law Article 81: Applicable to an adult who had capacity during their lifetime but has since experienced cognitive and/or functional limitations.
  • Surrogate’s Court Procedure Act Article 17 Guardianship: Guardianship of a minor, applies to anybody under the age of 18 without a legal guardian.  An Article 17 action assigns guardianship for a child only until they reach the age of majority at 18 years old.  
  • Surrogate’s Court Procedure Act Article 17A Guardianship: Applies to an adult without requisite mental capacity; adults with developmental disabilities, who are intellectually disabled, or who have a traumatic brain injury.
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In a League of His Own – Best Lawyers

A big congratulations to Vincent J. Russo who has yet again, been named the Best Lawyers' Elder Law “Lawyer of the Year” for the Tri-State Area (New York, New Jersey and Connecticut). Vincent has been honored in the Best Lawyers…

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