The Times Herald recently published an article on caring for a child with special needs after your death. Parents or guardians of special-needs children, or adult children living at home, need to plan for the eventuality of the child’s care after their passing. A New York City probate lawyer or…
Articles Posted in Guardianships
A New York Fiduciary Accounting Provides Disclosure Of Financial Activities
A New York Fiduciary is generally required to provide a full accounting of his or her financial transactions. Fiduciaries include estate Executors and Administrators, Trustees and Guardians of incapacitated persons. The information set forth in the accounting can be simple or complex depending upon the nature of the estate or…
The Use Of A New York Health Care Proxy Can Face Complex Issues
A New York Health Care Proxy can be a valuable part of an estate plan. It provides the means by which someone can appoint an agent to make health care decisions on their behalf in the event they are not able to make these decisions for themselves. New York Public…
Disqualification of New York Administrator Requires Specific Evidence of Wrongdoing
New York Administrators and Executors, also known as fiduciaries, have many responsibilities with regard to administering an estate and their relationship with estate beneficiaries. Very often, due to a fiduciary’s acts or failure to act or a conflict of interest, beneficiaries ask the Court to disqualify a fiduciary or to…
Clark Case May Be Subjected to Guardianship Oversight in New York
Update: MSNBC reports that New York City officials have begun welfare checks on the 104-year-old heiress and the Manhattan district attorney has launched a criminal investigation into the handling of her finances. Where in the world is 104-year-old Huguette Clark? One only hopes that she has a world-class New York…
The New York Supplemental Needs Trust Is Useful To Protect Assets And Provide Added Benefits
There are many situations where a person who is disabled has assets available for his or her present use or may be in the position to receive assets at a later date such as a beneficiary under a Last Will or Trust. While owning assets is usually beneficial, persons suffering…
The New York Court Evaluator Plays An Important Role In Article 81 Guardianship Proceedings
A New York Article 81 Guardianship Proceeding is commenced when a petition is filed with the Court. The general requirements of a petition were previously reviewed in a post dated August 16, 2010. Upon receipt of the petition the Court will then sign an Order to Show Cause in which…
The Petition In A New York Article 81Guardianship Proceeding Sets The Tone
Every New York Article 81 Guardianship Proceeding involves its own unique set of facts and circumstances. These variables encompass things such as the nature and extent of the alleged incapacity, the relationship between the Alleged Incapacitated Person (“AIP”) and his or her relatives, companions and friends; the assets and income…
Title To Assets Plays An Important Role In New York Estate Planning, Estate Settlement And Guardianship Proceedings
Issues concerning the title and ownership of assets will appear time and again in the areas of estate planning, estate settlement and guardianship. When evaluating and planning an estate or Last Will, it is essential not only to know the assets that an individual may own, but also the manner…
New York Court Appoints A Guardian And Annuls Marriage And Voids Deed
New York Mental Hygiene Law Article 81 provides the guidelines and the procedure to appoint a Guardian for Personal Needs and Property Management for persons with incapacities. Provisions of the law also provide the Court with the power to modify, amend or revoke different types of transactions or documents entered…