Elder Law and Guardianship in New York PDF Download
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Author: Edwin Kassoff
Publisher:
ISBN:
Category : Guardian and ward
Languages : en
Pages :
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Book Description
Author: Edwin Kassoff
Publisher:
ISBN:
Category : Guardian and ward
Languages : en
Pages :
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Book Description
Author: David Goldfarb
Publisher: LexisNexis
ISBN: 9781422474747
Category : Estate planning
Languages : en
Pages : 0
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Author: Michael Ettinger
Publisher: CreateSpace
ISBN: 9781453832059
Category : Law
Languages : en
Pages : 134
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Book Description
"Elder Law Estate Planning" is a niche area of law which combines the features of elder law and estate planning that pertain most to the needs of the middle class. In 1991, AARP published a "Consumer Report on Probate" concluding that probate was a process to be avoided. That marked the end of traditional will planning and started the "living trust revolution." Since then, millions of people have set up trusts to: * Save time and money in settling the estate * Avoid legal guardianship if they become disabled * Avoid having their personal and financial matters made public * Reduce the chance of a "will contest" * Keep control in the family and out of the court system By 1990, the field of elder law also emerged to help people navigate the increased complexity of state Medicaid rules and regulations, the soaring costs of nursing home stays, and the fact that people were living considerably longer. Elder law and estate planning continue to grow independently of each other, sometimes to the detriment of clients. Estate planning lawyers are of little value when the estate plan to avoid probate fails to prevent a nursing home stay consuming all of the assets, because the lawyer is unfamiliar with elder law. On the other hand, elder law attorneys often protect assets but overlook basic estate planning issues such as saving taxes and keeping assets in the blood. The practice of Elder Law Estate Planning means: * Getting your assets to your heirs, in the best possible way, with least amount of taxes and legal fees * Keeping those assets in the blood for your grandchildren, and * Protecting your assets from the costs of long-term care and qualifying for government benefits available to pay for care. Middle class clients today need an "elder law estate planning attorney" to address their estate planning needs as well as to help with long-term care, disability and Medicaid issues as they arise.
Author: Harry S. Margolis
Publisher: Wolters Kluwer
ISBN: 0735549443
Category : Law
Languages : en
Pages : 3766
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Book Description
In-depth, timely, and practical coverage of key issues in elder law practice. Written by outstanding elder law experts, this unique publication is the first place to look for detailed answers to pressing questions concerning Medicaid, long-term care planning, healthcare issues, trusts, powers, and guardianship -- every facet of today's elder law practice. Each portfolio has distinctive title and author. The series includes 28 portfolios to date.
Author: Sam, MD Sugar
Publisher: Square One Publishers, Inc.
ISBN: 0757054331
Category : Law
Languages : en
Pages : 287
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Book Description
Imagine a system of justice in this country that strips its citizens of their Constitutional rights, voids their existing legal documents, gives others the right to spend their money and sell their assets, isolates them, and has the ability to limit the time they can spend with their loved ones. While you may be thinking of the criminal justice system, the previous description refers to a parallel system that preys on the elderly and is determined to deem them unable to care for themselves. It is a system that allows those in control to take full advantage of their “wards of the state”—legally and under the watchful eyes of judges. It is called guardianship. Guardianship exists in every state, and while it has gone under the radar for many decades, Dr. Sam Sugar’s new book, Guardianships and the Elderly, sheds light on this system, which enables those in-the-know to commit “the perfect crime.” Dr. Sugar, a licensed physician and president of the Americans Against Abusive Probate Guardianship (AAAPG), as well as a victim of the system himself, has written a unique guide that can be used by anyone caught up in the world of guardianship. The book begins by looking at the history of guardianship—from ancient times till today. It then provides a clear overview of how this system is set up to work—from the triggers that set it off to the different groups of people that make up the process: the judges, the guardians, and all their associates. The book goes on to detail the responsibilities given to these players and describes how easily they can manipulate the system to their own advantage. It also presents an accurate picture of just how difficult it is to free a family member from the system. There are things loved ones can do to fight the system, to be sure, but many obstacles and pitfalls await them in the battle. This book is meant to prepare the reader for these eventualities and includes a comprehensive glossary, a helpful resource section, and a number of documents that may prove useful in the pursuit of real justice. While the press has exposed some of the most heinous crimes committed by guardians, for the most part, those who know how to work the system continue to plunder their victims’ estates. Guardianships and the Elderly is designed to explain the guardianship process clearly and make the reader aware of the common violations carried out by court insiders and their affiliates. The information found in this book can serve as a powerful tool when it comes to uncovering their crimes.
Author: Michael Ettinger
Publisher: Createspace Independent Publishing Platform
ISBN: 9781507844953
Category : Estate Planning
Languages : en
Pages : 0
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Book Description
Too many people think that a will is all the "estate planning" they need. Yet wills often fail to take into account the majority of a client's assets. Wills do not govern assets passing by beneficiary designations, such as IRA's, life insurance and annuities. Furthermore, clients are increasingly using POD (pay on death), TOD (transfer on death) and ITF (in trust for) designations to entirely bypass the will and the antiquated probate system. As a result, in many cases the bulk of a client's estate is actually "unplanned", except to avoid probate. By this we mean that the assets may still be unprotected from a Medicaid "spend down" if the client one day needs nursing home care; the assets are not protected from the heirs' divorces, lawsuits and creditors; the assets are not structured to stay in the bloodline to the client's grandchildren and the assets are not protected from a spouse's later remarriage.Perhaps the biggest drawback to relying on a will as an "estate plan" is that it utterly fails to address the senior client's most important issue - planning for disability. Absent a plan for disability, the state has written a plan called "guardianship". In guardianship proceedings a judge chooses who will handle your legal, financial and sometimes even medical affairs if you become disabled.Elder Law Estate Planning avoids guardianship proceedings - virtually guaranteeing you will get the person or persons you choose to handle your affairs if you become disabled - usually one or more of your adult children, instead of a state appointed guardian.With the high costs of nursing homes today, clients who don't plan for disability to protect their assets risk losing everything they've worked for."Elder Law Estate Planning" emphasizes the use of trusts rather than wills to solve the myriad legal problems arising from disability and death. "Elder law" is disability planning to put the people you choose in charge and to protect some or all of your assets from long-term care costs. "Estate planning" is death planning to make sure your assets go to whom you want, when you want and the way you want. Estate Planning includes protecting assets from children's divorces, lawsuits and creditors, and from a spouse's possible remarriage while keeping those assets "in the blood" for generations to come.
Author: Jason A. Frank
Publisher: LexisNexis
ISBN: 9780327017202
Category : Older people
Languages : en
Pages : 742
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Book Description
Encompasses Uniform Federal law & unique aspects of Maryland laws.
Author: United States. Congress. Senate. Special Committee on Aging
Publisher:
ISBN:
Category : Family & Relationships
Languages : en
Pages : 170
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Book Description
Author: Thomas D. Begley (Jr.)
Publisher: Wolters Kluwer
ISBN: 9780735552395
Category : Political Science
Languages : en
Pages : 812
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Book Description
Are you ready to go beyond advising and planning to actively advocating the interests of your elderly clients? You can be, with this two volume handbook from two veteran elder law advocates. In a systematic and practical fashion, the authors address each key practice issue and provide an overview of the basic rules and guiding statutes/regulations, in-depth analysis of elder law practice together with guiding case law, and step-by-step explanation of the advocacy process, revealing how law operates in the real world and where things can go wrong. Plus you'll get their practice-tested minisystem for effective advocacy. After an introductory section explores basic principles, Representing the Elderly Client: Law and Practice addresses the six areas you'll encounter most often: Medicaid Special Needs Trusts Medicare and Managed Care Elder Abuse Nursing Home and LTC Facilities Intra-family and Postmortem Advocacy for Elderly Clients and Heirs. Practice forms, flowcharts, and tables put all essential information at your fingertips. The forms contained in the Author's Advocacy Mini-systems will save you hours of preparation time. Start finding effective solutions to your elderly clients' problems with Representing the Elderly Client: Law and Practice. Along with your Representing the Elderly Client two-volume print set, you'll receive a FREE CD-ROM containing word processing documents used in handling some of elder law's most complex concerns.
Author: Pamela B. Teaster
Publisher: Bloomsbury Publishing USA
ISBN: 0313378282
Category : Political Science
Languages : en
Pages : 273
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Book Description
This book offers the first full examination of the legal role of public guardianship in 25 years, comparing current conditions to those when the last study was published in 1981. Public Guardianship: In the Best Interests of Incapacitated People? is written to advance public understanding of what happens to disabled and elderly adults when no family member or friend is available to be a caregiver or guardian should it become necessary. It is the first major study on this critically important issue since 1981. Conducted by experts in gerontology, social work, public policy, and public health, it finds that, although progress has been made, guardianship programs around the country still are hampered by limited staff and resources. Public Guardianship analyzes the full range of state statutes governing guardianship, including guardian eligibility, investigation, due process, rights, powers, costs, and monitoring. The authors report their case studies of public guardianship programs, marshaling and comparing field data from their surveys of stakeholders in ten states. The book concludes with a variety of recommendations for improving guardianship programs, including the authors' Model Public Guardian Act.
