Category Advance Directive
Elder Law and Medicaid Planning for Nursing Care in NY
by Bryan Lane Berson, Esq. A. Introduction An estate plan implements documents to administer and transfer property and delegate decision-making authority. In other columns, I discussed trusts, wills, powers of attorney, health care proxies, and living wills. Elder law and Medicaid planning are a special form of estate planning. In New York, 58 separate districts […]
Choosing Fiduciaries for Estate Plans
by Bryan Lane Berson, Esq. Typically, an estate plan contains several documents. Wills, trusts, powers of attorney (“POA”), and health care proxies (“HCP”) fulfill different functions. They appoint one or more people to carry out different responsibilities. Collectively, these people are known as “fiduciaries.” A fiduciary has a legal duty to act for the benefit […]
Powers of Attorney In New York
by Bryan Lane Berson, Esq. A power of attorney (“POA”) is an extremely powerful document. A principal uses it to authorize an agent to make financial or business decisions for the principal. A principal can authorize an agent to handle, among other things, (a) real estate, (b) goods and personal property, (c) bonds, stocks, and […]
Health Care Proxies and Living Wills
by Bryan Lane Berson, Esq. Health care proxies (“HCP”) and living wills are advance directives. They explain one’s wishes about medical decisions and treatment. A principal can revoke them up until the time the principal becomes incapacitated. Advance directives provide binding instructions about treatment. In the absence of an advance directive, the person’s wishes may […]
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