Category Guardianship
Estate Planning for Young People with Special Needs: Article 17A Guardianships and Special Needs Trusts
by Bryan Lane Berson, Esq. Download PDF: Article 17A Guardianships and SNTs in NY Article 17A Guardianships New York has established different guardianships for people in need of supervision (sometime referred to as “incapacitated persons,” “IPs,” or “wards”). Under a guardianship, a court appoints a guardian to assist an IP who lacks sufficient capacity to […]
Incapacity and Guardianships in New York
by Bryan Lane Berson, Esq. If you become physically or mentally incapacitated due to injury or illness, who will act on your behalf? Without a health care proxy (HCP), who will consent to surgical procedures for you? Without a living will, how will your doctor know your preferences with regard to end of life decisions? […]
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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