Understanding Powers of Attorney and Guardianships for Seniors
If you’ve ever questioned the difference between guardianships and powers of attorney for seniors, you’re not alone. As a New York elder lawyer, I often field questions about these two distinct yet related legal mechanisms. Here’s an explanation to help you understand the nuances of each. Guardianships Explained Guardianships typically come into play when an […]
Who may commence a Guardianship Proceeding?
If you are concerned that a loved one or family member can no longer take care of their finances or are unable to make safe medical decisions for themselves, a guardianship proceeding may need to be commenced. Who has the authority to commence a Guardianship proceeding? M.H.L. §81.06 lists specifically who may commence a guardianship […]
What does the New York Jets all time sack leader have to do with Elder Law?
Recently Mark Gastineau, the New York Jets all time sack leader, told the public that he was diagnosed with dementia, Alzheimer’s disease, and Parkinson’s disease. Alzheimer’s disease is an awful disease that affects the brain and destroys memories and other important mental functions. He may not be able to recall family members or how to […]
The Power of the Power of Attorney
A power of attorney is a very interesting and possibly powerful document. The document gives a person you choose, your agent, the power to act for you. The powers given to the agent can be incredibly broad or very specific. For instance, you can narrowly tailor an agent’s power to act only for real estate […]
“Running Roughshod?” – A Case to Ponder
An important case has recently been decided and should be thoroughly reviewed by those who practice Article 81 Guardianship. In a bitterly split panel of the Appellate Division, First Department, the majority affirmed sanctions imposed on an attorney in an Article 81 guardianship hearing. The majority, however, reduced the amount of sanctions imposed. Justice Andrias […]