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Guardianship Proceedings

For a person to execute advanced directives such as a Health Care Proxy, Living Will, and Power of Attorney he or she must have the mental capacity to understand what he or she is signing and the power that is being given to the designated agent(s) named in the documents. If an individual does not […]

The Difference Between a Living Will and a Last Will and Testament

Living Will

A living will is a medical directive outlining how a person wishes to be treated in the event that he or she becomes incapacitated and can no longer make decisions for themselves. A living will may address situations involving:

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Executor Ineligibility

A testator has the ability to name anyone as executor of his or her estate. The executor is responsible for carrying out the administrative process of an estate and is not required to have prior experience or knowledge in the field. In New York State, the court usually honors the nomination of an executor selected […]

What To Do If You Don’t Have The Original Last Will And Testament

Probate is the process in Surrogates Court where a Last Will and Testament is proved and accepted, an executor is appointed and all assets are distributed to the intended recipients as stated in the Will. Joint assets with a right of survivorship, life insurance policies or other assets that name a beneficiary are not probated. […]

Don’t Forget to Sign a Spousal Refusal

To be eligible for Medicaid, which is a need-based program, certain income and asset requirements must be met. Oftentimes, one spouse will require care in a skilled nursing facility, while the other spouse continues to reside in the community home. More often than not, the spouse residing in the community home depends largely on joint […]

NY ABLE Program

The New York Achieving a Better Life Experience (NY ABLE) program is a savings plan for individuals with disabilities. The program allows those with disabilities to save money in their name without jeopardizing their benefits.

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Guardianship Proceedings in New York State

New York State offers two types of guardianship proceedings for adults:

Article 17-A guardianship under the Surrogate’s Court Procedure Act (SCPA) Article 81 guardianship under the Mental Hygiene Law (MHL)

While both of these proceedings involve a court being petitioned to appoint a guardian to care for the needs and property of another, there are […]

Disinheriting A Child May Result in a Will Contest

A disinherited child has the right to contest a parent’s Will if he or she is disinherited, not named as a beneficiary or left with a disproportionate share. In accordance with the laws of estate administration, a disinherited child is allowed to contest a Will because he or she would have been entitled to a […]

Duties and Responsibilities of a Trustee

It is important for a named trustee to understand his or her duties and responsibilities. A trustee is responsible for safeguarding the trust assets for the settlor and his or her beneficiaries. A trustee has a fiduciary responsibility, which holds an individual to a higher ethical standard. A trustee shall adhere to the trust documents […]

Elderly Population and Financial Abuse

Recent reports have found that elder financial abuse is on the rise and almost one million elderly people will be targeted this year. The elderly population in America is most vulnerable to financial abuse, scams, and investment fraud. Fifty-five percent of these cases involve family members or caregivers.

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Blodnick Fazio & Associates
1325 Franklin Ave.
Suite 555
Garden City, New York 11530
Tel: (516) 280-7105
Fax: (516) 280-7102