April 16, 2012 is “National Healthcare Decisions Day.” It is a day set aside to educate the public about the importance of health care planning and to encourage people to express their personal wishes regarding health care, in writing, before a health care crisis occurs.

Over 100 million American adults have not designated an agent to make medical decisions nor documented the type of medical care they desire. Although it is a difficult issue to address, it is important for adults of all ages and stages of life to consider who is best-suited to make medical decisions for them in the event they become too ill speak for themselves and convey their own wishes. Without such directives, these important decisions and related matters may be left to the control of medical professionals, estranged or inappropriate family members or even the Court, all of whom may know little to nothing about you, your values and morals, or your overall wishes. (more…)

Tags: Family Health Care Decisions Act, FHCDA, health care agent, health care proxy, living will, National Healthcare Decisions Day

On March 30, 2011, New York’s Final Budget Legislation amended Section 369 of the Social Services Law.

The Department of Social Services has a claim against the estate of any Medicaid recipient in the amount of Medicaid assistance issued. The value of the deceased recipient’s estate is used to repay the Medicaid benefits. This new amendment expands the list of assets that are considered to be in an individual’s “estate.” After the death of a Medicaid recipient, the Department of Social Services will be seeking to collect recovery on assets that were not previously permitted.

Prior to March 30, 2011, (more…)

Tags: estate assets, medicaid, new york final budget legislation, section 369, social services law

HoganWillig’s Estate Department represented two siblings in a hotly contested and litigated estate. The siblings were alleged out-of-wedlock children of the decedent. Our position was that the decedent had a long-standing relationship with our clients’ mother, even though he was married with marital children. Although the decedent had not completed a genetic blood test during his lifetime, we were able to have genetic testing completed of the known marital children against the DNA of the out-of-wedlock children to show evidence of a genetic link between all of the children. (more…)

Tags: EPTL, estate, Estates Powers and Trusts Law, paternity

In March of this year, Governor Paterson signed into law the Family Health Care Decisions Act (FHCDA). The law allows family members to make medical decisions, including decisions about withholding or ending life-sustaining treatment, on behalf of individuals who have lost their ability to make such decisions and have not prepared advance health care directives (such as a Health Care Proxy or Living Will). (more…)

Tags: Family Health Care Decisions Act, FHCDA, health care proxy, living wills

A Power of Attorney is an important document that allows you (“the principal”) to appoint an agent to make decisions concerning your legal and financial matters in the event you are unable to do so for yourself. If you have not executed a Power of Attorney document and you become incapacitated, a guardianship court proceeding will be required to authorize someone to make legal decisions on your behalf. A guardianship proceeding can take several months and cost several thousand dollars to complete. The good news is that creation of a valid Power of Attorney can avoid the necessity of a guardianship proceeding. As such, the execution of a Power of Attorney document is a very important estate planning tool. (more…)

Tags: chapter 644 of the laws of 2008, general obligations law, health care proxy, health insurance portability and accountability act, hipaa, power of attorney

EVALUATING THE NEED FOR NEW OR REVISED ESTATE PLANNING DOCUMENTS

Given the current state of the world economy and recent local events, many of our clients have expressed a desire get their financial and household business matters in order. There are three basic estate planning documents that all individuals should consider when planning and organizing a life plan strategy, although the specific content of those documents will differ by personal circumstances. (more…)

Tags: credit shelter trust, disclaimer trust, Estate Planning, guardian, health care proxy, last will and testament, life plan strategy, living will, power of attorney