Practice Areas

As a dedicated and passionate attorney I work tirelessly to protect my clients and their loved ones.

Our Specialities

Elder Law

Elder Law involves important legal issues that pertain to aging and the elderly. Our firm will provide you with the highest quality of service to you and your loved ones.

Guardianships: Legal representation in Article 81 and Article 17A guardianships discussed below
Medicaid: applications and planning for community Medicaid and Nursing home care
Exploration of how to pay for long term care in addition to Medicaid
Assistance with budgeting for long term care
Planning through preparation of Advanced Directives such as Living Wills and Healthcare Proxies to formally state your intentions for healthcare and who should make those decisions if you are unable
Planning through Power of Attorney to formally state your wishes for property management if you are unable to
Preparation and submission of Medicaid Applications and Recertifications
Planning to Preserve the Family Home
Drafting of Trusts and other documents for protection of Assets and Income, including:
– Revocable trusts
– Irrevocable trusts
– Special Needs Trusts
– Pooled Income Trusts

Guardianship

AIP (Alleged Incapacitated Person): refers to the person in an Article 81 proceeding for whom a guardian is sought. The Court must determine that the person is unable to provide in some manner for himself/herself (i.e. incapacitated) for a guardian to be appointed. The person is referred to as the “alleged incapacitated person” until the court so determines, and is called the “incapacitated person” or “IP” after. If the person consents to the appointment of a guardian, the person may be referred to as a “person in need of a guardian” rather than as an incapacitated person.

Article 17A Proceeding: refers to Article 17A of the Surrogates Court Procedure Act Article 17A. Proceeding to appoint a guardian for a developmentally disabled individual, or a mentally retarded individual, or someone suffering from similar conditions who is certiﬁed as such prior to his/her 22nd birthday.

Article 81 Proceeding: refers to Article 81 of the Mental Hygiene Law (“MHL”). An Article 81 Proceeding is held to ﬁrst determine whether a person is incapacitated by clear and convincing evidence, the highest standard of proof. It must be shown that the “Alleged Incapacitated Person, or “AIP” is unable to manage his or her personal needs or ﬁnancial affairs and that he/she is unable to appreciate the resulting danger this inability causes for a guardian to be appointed. If so, that person will be deemed an “Incapacitated Person” (or “IP”). A guardian will then be appointed for the IP consistent with that IP’s needs and best interests, e.g. to assist with property management needs, such as maintaining bank accounts and paying bills, or personal needs, such as ensuring the IP is safe and provided for, or for both property management and personal needs.

Estate Administration

Administration of an estate involves many areas of responsibility. We will prepare all court filings and required documents during the Estate or Trust administration.

Distribution of Trusts
Probate of Wills
Administration of Estates where decedent died without a will
Post Mortem Planning

Estate Planning

Prepare your Living Wills and Healthcare Proxies to formally state your intentions for healthcare and who should make decisions if you are not able to do so.

Preparation of Trust documents and Last Will and Testament
Planning to avoid the cost, delay and possibility of contests of probate
Planning to protect the value of your qualified retirement accounts
Planning to Preserve the Family Home
Planning for wealth transfer and payment of estate taxes through Irrevocable Life Insurance Trusts