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In New York State, when a person turns eighteen, they are presumed to be legally competent to make decision for themselves. However, if a person is intellectually disabled or developmentally disabled, as defined by Article 17-A (“Article 17-A”) of the Surrogate’s Court Procedure Act, a parent or concerned relative can ask the Surrogate’s Court to appoint a guardian to assume the decision-making functions for that person.

My mother has been diagnosed with a terminal illness and has specific wishes with regard to end of life decisions. She executed a living will and a DNR during her last hospital stay; however, she is concerned that her wishes may not be followed. Is there any other document that would ensure her wishes are carried out?

The Tax Cuts and Jobs Act (the “Act”) increased the federal estate tax exclusion amount from $5 million to $10 million indexed for inflation for decedents dying in years 2018 to 2025. This amount is indexed for inflation back to 2011.

My mom has been approved for Community Medicaid and is eligible to receive a personal care aide in her home. I have been trying to schedule an evaluation with a Managed Long Term Care Company but I have been having some difficultly.

My mother is 87 years old. She is getting more confused each day and refuses to sign a health care proxy or power of attorney. What will happen if she becomes unable to manage her affairs?

There are many steps and layers associated with the administration of an estate. Ultimately, for most estates, the goal is to distribute the assets to the respective beneficiaries which are named in the decedent’s Will or are intestate heirs pursuant to the laws of intestacy.

What are the Medicaid Resource and Income levels? I was told they change every year and differ from County to County. Can you explain?

Regardless of your age, the creation and maintenance of a thorough Estate Plan is essential. An Estate Plan ensures that your needs, your family’s needs, and financial goals are met during your lifetime and upon your death.

The person selected to act as the Executor can be anyone that the testator wants to be in charge of administration of the estate. There is no requirement that the Executor have any experience or expertise in handling estate matters or have any financial background.

I just completed my estate plan and will be seeing my children over the holidays. What can I tell them about the role they will play as my Health Care Proxy, Power of Attorney, Executor and/or Trustee?