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Is a POA and Health Care Proxy Good in Any State?

If you are outside of New York and you need someone to make financial and/or medical decisions for you, your Durable Power of Attorney (POA) and Health Care Proxy (HCP), which are tailored to New York law, are still valid in other states. 

December 23, 2025
Q&A: Medicaid and Elective Share

Question: My wife suffers from Alzheimer’s. Currently, I am her primary caregiver, but I am worried that if I predecease her, she will need to go to a nursing facility. One of my friends suggested executing a new Last Will & Testament that disinherits my wife and leaves my estate to my children. Should I do this?

December 12, 2018
Can Power of Attorney Be Used to Change Beneficiary Designation?

My mother recently passed away. She had two children, myself and my sister. Prior to her death, she had named my sister as agent under her power of attorney. My mother’s will treats both of us equally. I found out that a month before her death my sister used the power of attorney to change the beneficiary on my mother’s bank account to just herself. Was she allowed to do this?

November 28, 2018
Gifting and Medicaid

Gifting and Medicaid planning is commonly misunderstood. We often see clients who believe that the gifting rules for Medicaid are the same as the IRS gifting regulations.

November 23, 2018
What Is Immediate Need Medicaid?

My mother has been in a rehabilitation facility for the last 6 weeks and will be discharged any day now. She is unable to care for herself and we desperately need help at home. I want to apply for Medicaid to help pay for the care, but I heard this can take months. Is there a way to get the care in place faster?

November 21, 2018
Surrogate’s Court Procedure Act

My sister wants me to sign a document that allows her to probate my mother’s will. The problem is that the will favors my sister, and I think the circumstances around the will are suspect. Is there a way I can get more information about the will signing?

November 16, 2018
Garn-St Germain Depository Institutions Act

Question: I have created a Medicaid Qualifying Irrevocable Trust and I am attempting to transfer my home to my trust. The bank which holds my mortgage has advised that they do not allow transfers to Irrevocable Trusts. Can they prevent me from protecting my house? What can they do?

November 5, 2018
Inheritance

Inheritance is the practice of passing property upon the death of a decedent. The rules of inheritance differ from state to state.

October 24, 2018
Pre-need & Chronic Medicaid

When someone enters a nursing facility, an application for Chronic Medicaid may be appropriate. The average cost of a nursing facility on Long Island is $15,000.00 per month. This type of cost would exhaust assets very quickly in most cases. Chronic Medicaid is the program that covers nursing home care.

October 19, 2018
How to Prevent Financial Exploitation

The National Center on Elder Abuse defines financial exploitation, also known as financial abuse, as the “illegal, unauthorized or improper use of an older person’s resources for monetary or personal benefit, profit or gain, or that results in depriving an older person of rightful access to, or use of, benefits, resources, belongings, or assets.”

October 15, 2018
Medicare Open Enrollment

Question: I’m currently enrolled in a Medicare Advantage Plan and was told that I should switch to traditional Medicare, I am getting overwhelmed with all of the choices and options.

October 12, 2018

In The Media

News Mentions

Our Blog

Thought Leadership

We’re proud to share that our Partner, Hon. Gail Prudenti, has written a featured column for Long Island Business News titled “Understanding New York’s Court of Claims.”

October 6, 2025 Read Article

In the landmark case of Connelly v. United States, the Supreme Court addressed critical issues concerning the estate tax implications of life insurance proceeds used in the redemption of stock in closely held corporations.

June 17, 2025 Read Article

Our criminal courts protect victims. Our civil courts provide a forum for the peaceful resolution of disputes. Our family and surrogate’s courts guide families through what may be the most traumatic experience of their lives.

May 13, 2025 Read Article

As we reflect on the complexities of family law, let us work together to support our justices, understanding the weight of their responsibilities and the importance of their decisions.

May 13, 2025 Read Article

The Medicaid Asset Protection Trust (“MAPT”) is alive and well in the Elder law practitioner’s toolbox and is the best option for protecting real property.

May 13, 2025 Read Article

The federal government and the marketplace are undergoing revolutionary changes that will inevitably transform the business of law and operation of courts. The question arising from the uncertainty is, how so?

May 6, 2025 Read Article