Special Needs

Article 81 Guardianship Proceeding Explained

By Burner Law Group, P.C. / January 6, 2021 / 0 Comments

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. The Court must find that the alleged incapacitated person (or […]

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The Third Party Supplemental Needs Trust Trigger

By Burner Law Group, P.C. / November 30, 2020 / 0 Comments

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. If you have a disabled child who […]

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Differently Abled Person Tax Exemption

By Burner Law Group, P.C. / February 7, 2020 / 0 Comments

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. Most individuals are familiar with the STAR program which […]

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Planning for a Family Member with Special Needs

By Burner Law Group, P.C. / November 30, 2019 / 0 Comments

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 […]

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Estate Planning and Supplemental Needs Trust

By Burner Law Group, P.C. / August 12, 2019 / 0 Comments

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. Receiving an outright inheritance could […]

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Contested Guardianship

By Burner Law Group, P.C. / July 10, 2019 / 0 Comments

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? Answer: It […]

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Guardianship to Protect Against Elder Abuse

By Burner Law Group, P.C. / May 1, 2019 / 0 Comments

Question: I have an elderly aunt.  I’m embarrassed to say that I only visit once every few months.  I recently learned that she has a caretaker that has moved into her house and I suspect she is taking money from my aunt. When I asked my aunt about it she got angry.  What can I […]

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Guardianship Options

By Burner Law Group, P.C. / February 27, 2019 / 0 Comments

Question: I have a daughter that is 18 years old and has Autism. I know that I need to become her guardian to make decisions for her, but I am not sure about the options.  Can you explain them to me? Answer: In New York State, when a person turns eighteen, they are presumed to […]

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Guardianship Article 17-A vs. Article 81

By Burner Law Group, P.C. / February 22, 2019 / 0 Comments

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 […]

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Guardianship

By Burner Law Group, P.C. / August 31, 2018 / 0 Comments

Question: If my mother becomes ill and unable to take care of her own affairs, how can I make sure my mom is properly taken care of and her bills are paid?  Will I need to become her guardian? Answer: A Guardianship is a type of court proceeding in which one can be appointed to […]

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