In our last issue of A Step Ahead, we reported that the New York State health Budget had cut funding for programs that assist the elderly and disabled and, in particular, the Medicaid program. Regulations to implement the changes had been proposed but not adopted. On September 8, 2011, the changes went into effect. They...
Sometimes Property Management Guardians, appointed in an Article 81 proceeding, do not realize until after they have been appointed that it is their obligation to manage all of the assets and income of their ward and prepare an annual report, for the Court, detailing their activities during the year, including the income and receipts collected...
Many people have incorporated Medicaid planning as part of their overall estate plans. Because the planning strategies are frequently tailored to the individual or couple, they vary greatly, making a general description of how the recent changes in Medicaid’s estate recovery rules will affect the anticipated outcome impossible. That said, we would like to provide...
Abrams Fensterman has significant experience in representing clients who are involved in domestic disputes including those with complex financial concerns. Our attorneys understand these difficult matters and are committed to delivering the best possible outcome for each client and their family. They have proven their ability to successfully resolve the most complex and/or hotly contested...
On December29,2022,President Biden signed the “Consolidated Appropriation Act, 2023” into law which includes the SECURE 2.0 Act of 2022 (“Secure 2.0”). Secure 2.0 incorporates important enhancements to regulations affecting retirement savings and ABLE accounts. Delay in Start Date for Required Minimum Distributions (“RMDs”) – Among the most far-reaching of the changes brought about by...
June is a very exciting time for parents across the country. Commencement season is here and families are getting ready to send their graduates off to college. For many, this will be the first time that their child will be living on their own. Under New York State law, an individual is considered an adult...
As our loved ones age, their ability to manage their medication may be compromised – by age, illness, poor memory, failing eyesight or otherwise. The greater the number of medications, the higher the likelihood that they may become overwhelmed or make mistakes. These mistakes can be life-threatening. According to the U.S. Surgeon General, medication non-adherence...
A large segment of our population is disabled, either physically, intellectually, cognitively, emotionally or psychologically. In a study reported in 2007 by the National Organization on Disability it was estimated that more than 54 million Americans, nearly one in five of us, are disabled. Generally, “special needs planning” is estate planning for the benefit of...
Having properly executed estate planning documents, such as a Will, Trust, Power of Attorney, Health Care Proxy or Living Will, is an essential step in the process of estate planning. Many people think that their work is done once the documents are signed. However, an estate plan can only be effective if it is properly...
The Medicaid Redesign Team was established by Governor Cuomo to work cooperatively and reform the Medicaid system in New York to improve health outcomes and control costs. The recommendations of the Redesign Team that were approved by the Legislature, as part of the enacted budget, are now being implemented. One of the most important initiatives...
