Guardianship of an adult is a court-supervised arrangement where one person assumes responsibility for an adult who is incapacitated. If a loved one starts experiencing memory loss or becomes unable to make decisions for themselves for any other reason (including accident or sudden illness), you may consider asking the court to appoint a guardian for them. In New York State, this petition can be brought to the Supreme Court under Article 81 of the NYS Mental Hygiene Law. Pursuing a guardianship is the remedy of last resort if less restrictive alternatives, such as a power of attorney and health care…

Medical aid-in-dying (MAID) involves having a physician prescribe a lethal dose of medication at the request of a competent patient with a terminal illness. While traditionally, assisted suicide has been viewed as a crime, a trend has been emerging with more states legalizing medical aid in dying. As of 2024, MAID is legal in the following 11 states: California Colorado Hawaii Maine Montana New Jersey New Mexico Oregon Vermont Washington Washington, D.C. Currently, several more states are considering legislation to make medically assisted death legal. This includes New York, with the New York State legislature considering the Medical Aid in…

Children with disabilities present a unique challenge for parents who are looking to engage in estate planning. For one, you will want to optimize your estate to use, enhance, and enrich assets for your child. At the same time, maintaining their enrollment in public benefits programs is no doubt going to be essential. To ensure you meet both of these objectives requires careful planning. The experienced attorneys at Kommer Bave & Ciccone LLP can prepare a special needs trust to accomplish these and other goals you may have for your child. How a Special Needs Trust Works Qualifying for means-tested assistance…

Choosing the right person to serve as trustee of a special needs trust (SNT) is a key task when creating such a trust. It may also prove to be one of the most challenging. Trustees are responsible for the following: managing the day-to-day operations of the SNT, making distributions to the trust’s beneficiary, investing the trust’s assets, and paying the trust’s bills. This, in turn, helps ensure that the special needs trust’s beneficiary remain eligible for public benefits programs. The law is not particularly strict about who may serve as trustee. The trustee must be over 18 years of age and…

Just as we create estate plans for our eventual demise, we also need to plan ahead for the possibility that we will become sick and unable to make our own medical decisions. Medical science has created many miracles, among them the technology to keep patients alive longer, sometimes indefinitely. As a result of many well-publicized “right to die” cases, states have made it possible for individuals to give detailed instructions regarding the kind of care they would like to receive should they become terminally ill or are in a permanently unconscious state. These instructions fall under the general category of…

Creating a living will ensures your future health care decisions and plans are respected. A living will, or advance directive, is a legal document outlining medical treatment preferences and end-of-life care if you can’t communicate or make decisions for yourself. Everyone should have an advance directive, as end-of-life situations can happen at any age due to accident or illness. Medical Treatment Decisions This document identifies medical treatments you would (or wouldn’t) accept to keep you alive. It may include other medical decisions, such as pain management. Consider the following: How important are self-sufficiency and independence to you? What circumstances may…

You generally do not have to sell your home to qualify for Medicaid for nursing home coverage. However, it is possible for the state to file a lien against your home after you die. So, you may want to take steps to protect your house. If you get help from Medicaid to pay for the nursing home, the state must pursue estate recovery. This is an attempt to recoup from your estate whatever benefits it paid for your care. The only property of substantial value that a Medicaid recipient is likely to own at death is their home. If at…

Many seniors may need the services of a nursing home or at-home care at some point in their lives. You might assume that government assistance or health insurance will step in and cover the cost if you cannot afford these services. Unfortunately, neither health insurance nor Medicare covers long-term care. Long-term care insurance is an important option that should be fully explored, but if it is too expensive, or a person can no longer qualify, then Medicaid could become your only option. Understanding Medicaid Qualification Medicaid coverage is not a given. If you have assets or recently transferred assets, Medicaid…

Parents of adult children with disabilities know that their child’s disability needs may change over the course of their lifetime. Planning for the future well-being of an adult child with disabilities is, therefore, a responsive, ongoing process. The life expectancy of many adults with disabilities has increased over time. For example, according to research, life expectancy for adults with Down Syndrome rose from 25 in 1983 to 60 in 2020. Those with cerebral palsy, the most common motor disability of US children, may often live into their 50s. The ever-increasing life expectancies of people with disabilities mean that comprehensive special…

Long-term care insurance can cover nursing home bills, assisted living fees, and in-home care, providing financial support if you require assistance with daily living when you get older. However, it can also be expensive. Determining the best time to buy long-term care insurance can help you manage your finances effectively as you prepare for the future. Many people put off purchasing long-term care insurance until they need it, but by then, it may be too late. Not only do premiums increase as you age, you also may not even qualify for insurance due to your health. The older you are,…