Limiting An Agent’s Power In A Health Care Proxy

health care proxy lawyer Long IslandA health care proxy is a written, signed document designating an agent who will make medical decisions for an individual in the event that a physician deems them incapacitated. The designated agent will then be authorized to make healthcare decisions on his or her behalf. When selecting an agent to make medical decisions, he or she should be someone that is trustworthy and will adhere to a person’s wishes. Continue reading Limiting An Agent’s Power In A Health Care Proxy

Stretch Benefit For Retirement Assets

stretch benefit for retirement assetsToday, many individuals have retirement assets in the form of a 401K, Traditional IRA, or 403(b). In terms of retirement assets, it is important that the best interests of the designated beneficiary be taken into consideration, especially when the named beneficiary is a minor child or grandchild. It is important to never directly name a minor as a beneficiary on retirement accounts, annuities, IRA accounts, bank accounts or insurance policies. Directly naming a minor beneficiary could have negative consequences. Instead, a trust must be created and named for the minor’s benefit. Continue reading Stretch Benefit For Retirement Assets

Spousal Refusal

spousal refusal New York MedicaidA common misconception is that a community spouse must spend down all of his or her assets due to an institutionalized spouse requiring nursing home care before Medicaid benefits will be available. Medicaid is a means-test program that entitles individuals to benefits including Chronic Care Medicaid. Chronic Care Medicaid covers care that is provided in a skilled nursing facility. Because Medicaid is a need-based program, certain income and asset requirements must be met in order to be eligible for the benefits. Continue reading Spousal Refusal

Plan Now For Your Supplemental Security Income

Plan for Supplemental Security Income (SSI)If you are concerned about a disabled child’s income, there are government benefits that he or she may be able to receive with proper planning. Supplemental Security Income (SSI) provides income for food and shelter to aged, blind and disabled persons with little or no income. In New York State, a person is automatically eligible for SSI if he or she is eligible for Medicaid. Continue reading Plan Now For Your Supplemental Security Income

Estate Planning to Protect Your Loved One’s Assets

Garden City estate planning lawyerIf a family member or loved one is currently receiving Community Medicaid and has a home in his or her name, Medicaid is entitled to issue a claim against the property upon his or her death. In accordance with federal law, a person receiving benefits from the New York State Medicaid program is subject to estate recovery for assets passed through probate. This means that once a probate proceeding occurs, the Department of Social Services is entitled to recover for the services provided to the deceased through the Medicaid program because the assets were in their name alone. Continue reading Estate Planning to Protect Your Loved One’s Assets

2017 Medicaid Program Recap

Medicaid is a means-test program that may provide benefits for Chronic Care Medicaid or Community Medicaid, among other things. Chronic Care Medicaid is care that is provided in a skilled nursing facility and Community Medicaid is care that is provided in an individual’s home by a home health aide.

 

Qualifying For Chronic Care Medicaid In 2017

An applicant may have up to $14,850.00 in resources.  A person may have retirement accounts, such as IRAs, so long as he or she is taking the minimum monthly distributions. A pre-paid burial account is considered an exempt asset.  A person may have a maximum of $14,850 in assets and an income of no more than $50.00 per month. Any additional income must be used towards his or her cost of care.
Continue reading 2017 Medicaid Program Recap

What Employers Need to Know About New York’s Anti-Discrimination Laws

New York employees are protected against employment discrimination under federal, state and local laws. Several federal laws extend protection against discrimination to employees. The most prominent law is Title VII of the Civil Rights Act of 1964 (Title VII). Title VII prohibits employers from discriminating against employees based on sex, race, color, national origin, and religion. Both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) extend employee protections to more categories than federal law. Continue reading What Employers Need to Know About New York’s Anti-Discrimination Laws

Mortgaging A Property In A Trust

mortgaging property in a trustMany individuals wonder if they can obtain a mortgage on real property that is owned by a Medicaid trust. Unfortunately, a bank will not likely offer a mortgage or home equity line of credit for property that is in an irrevocable trust. However, in New York State, a Medicaid trust that is irrevocable can be revoked. This means that an individual has the ability to remove the real property from the trust in order to receive a mortgage or home equity line of credit on the property. However, consent must be obtained from the beneficiaries of the trust. Obtain consent from those who are beneficially interested must comply with strict requirements. For this reason, it is important to have an experienced attorney provide assistance. Continue reading Mortgaging A Property In A Trust

Selecting A Trustee For A Special Needs Trust

special needs trust lawyer Long IslandA Special Needs Trust (SNT) preserves the assets of a person with special needs to support his or her lifestyle. An SNT allows the person to receive supplemental resources without jeopardizing his or her public benefits. Public benefits include Supplemental Security Income (SSI) and Medicaid benefits. An SNT is usually created by a parent or loved one for a child with special needs. Oftentimes, parents may find it difficult to select a trustee for the SNT that he or she is funding. A trustee is responsible for overseeing administrative decisions, including any distributions. Continue reading Selecting A Trustee For A Special Needs Trust

NY Paid Family Leave to Apply to All Private Businesses, Regardless of Size

Garden City business and employment lawyerOn January 1, 2018, New York State’s Paid Family Leave Benefits Law (PFL) will go into effect. Under the legislation, PFL will be a mandatory benefit in New York that will provide paid time off to employees to bond with their new child, care for a seriously ill loved one, or to address family issues that may arise due to a qualifying military exigency, while protecting their employment. PFL is designed to phase in over four years, increasing annually in weeks available and max percentage of average weekly wage. Continue reading NY Paid Family Leave to Apply to All Private Businesses, Regardless of Size

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Garden City, New York 11530
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