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A guardianship proceeding is commenced under Article 81 of New York State Mental Hygiene Law. The purpose of the proceeding is to have a guardian appointed for a person who is deemed incapacitated and unable to make decisions with respect to personal and/or financial matters.

As Elder Law Attorneys, we focus on Medicaid planning for our clients in order to have access to long-term care. It is equally as important to ensure that their beneficiaries will have access to government programs and not be disqualified by the fact that they received an inheritance.

While the best elder law and estate plan is to have a valid health care proxy naming agents and a valid durable power of attorney naming an agent to make financial decisions, not everyone has done the proper planning. It is not uncommon for an elderly person to fall ill, be hospitalized and then need nursing home care with no time to plan.

A first party supplemental needs trust, also known as a special needs trust, is established with the disabled beneficiary’s own funds, usually from a lawsuit settlement or inheritance, to avoid becoming ineligible for a needs-based government benefit.

While the beginning of the year is typically tax season, it is important to remember that property tax exemptions can be applied for at this time. There are different programs that homeowners should be aware of in order to potentially save with respect to property taxes.

An Article 81 Guardianship proceeding may be needed if a senior suffering from dementia did not engage in estate planning and no longer has the capacity to do so. It is important to note that just because someone is diagnosed with dementia does not automatically mean that they do not have the capacity to execute the advance directives needed to designate a trusted friend or family member to help manage their personal and financial needs.

Caring for a loved one with special needs during your life may be one of the most important jobs you have, but it is equally important to continue to care for your loved after you are gone. Since so many disabled individuals receive some kind of government benefits, it is imperative to ensure that these benefits continue, even if they receive an inheritance.

In December 2014 the federal government passed a law known as the ABLE Act. This law allows family members of a disabled person to create an account that is exempt from federal income tax to be used for certain “qualified expenses” related to the person’s disability.

When planning for the differently-abled, the use of Supplemental Needs Trusts as part of your estate planning will ensure that you have provided protections for those with special needs and disabilities. When considering your estate planning it is important to consider any beneficiaries who may have special needs or disabilities.

Question: My daughter is 18 years old and is developmentally disabled. She is unable to make medical decisions for herself and cannot handle her own finances. A social worker suggested that I apply for an Article 17A Guardianship. What is an Article 17A Guardianship and is this advisable?