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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?

While the primary residence is exempt from the resource calculation for community-based Medicaid, there are certain precautions that should be taken to ensure that the house will remain protected under all circumstances. Owning a home does not disqualify an applicant from receiving Community Medicaid.

Question: I was speaking with a friend and she mentioned that I should consult an attorney for asset protection. I do not have a taxable estate, but she referred to a 5-year lookback. I do not understand why I would need asset protection.

Question (About a Contested Guardianship): I received Court papers that say that my brother is trying to take control of my mother’s finances and make medical decisions for her. I have been taking care of my mother for years and my brother is estranged from me and my mother. What should I do?

Question: I am a teacher and currently off for summer break. Now that I have time to myself, what should I be thinking about over the summer regarding my estate plan? What about retirement? What actions should I be taking?

Question: My son is 18 and is leaving for his first year of college in September. Someone told me that there were some legal documents I should have in place before he leaves. This is the first that I have heard of this, as his school did not say anything. Is my friend correct?

Many families (erroneously) disinherit a disabled child, believing that this is in the child’s best interest and instead leave assets to other family members so that they can care for the disabled individual. Even with the best of intentions, circumstances may arise in their lives that could directly affect their ability to provide for a disabled family member.

In New York State, any individual over the age of eighteen may designate an individual to make medical decisions on his/her behalf by signing a health care proxy and designating a health care agent. The health care agent is only authorized to act if your doctors determine you can no longer make your own medical decisions.

Question: What is the SECURE ACT and how might it affect my retirement benefits?

Question: Why would I need to put my house into an irrevocable trust?