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When Is a Guardianship Appropriate?
If a person does not have the mental capacity to sign either a power of attorney or health care proxy, Article 81 guardianship may be appropriate.
Individuals who have received benefits under the New York State Medicaid program are subject to estate recovery for all assets passing through their probate estate. This is a minimum requirement under Federal Law.
The fact that your aunt has a diagnosis of Alzheimer’s disease, does not necessarily mean that she cannot execute a power of attorney. While it may seem like a decision to be made by her doctor, it is actually the lawyer who will determine if she or he feels your aunt has capacity.
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Partner Britt Burner, Esq. explains how often to review your estate planning documents and the life changes that may prompt a review.
