Special Needs

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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Article 17-A Guardianship vs. Article 81 Guardianship

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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Incapacity

By Burner Law Group, P.C. / January 20, 2019 / 0 Comments

Question: My father is a widower and was recently diagnosed dementia.  I am worried he is becoming incapable of taking care of himself.  He never executed a health care proxy or a power of attorney. Can he sign them now? If not, what options do I have to get him the care that he needs? […]

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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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First Party Supplemental Needs Trusts

By Burner Law Group, P.C. / June 11, 2018 / 0 Comments

Question: I am 50 years old and a recent injury has left me in a wheel chair permanently.  I need help with certain daily tasks such as bathing and getting dressed.  I am not working but I am receiving payments from my disability insurance.  I know community Medicaid will pay for my care if I […]

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Article 81 Guardianship

By Burner Law Group, P.C. / January 22, 2018 / 0 Comments

Question:  My aunt has been diagnosed with dementia and she will need 24/7 care. She is not able manage her finances or secure her own care.  Prior to her current state she did not take any precautions to have assistance in place. What are my options? Answer:  As a first step it is important to […]

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Supplemental Need Trusts and Supplemental Security Income

By Burner Law Group, P.C. / January 1, 2016 / 0 Comments

Question: My son has developmental disabilities and, as a result, is unable to make enough money to support himself. He only has a savings account with $25,000 in it; is there any government assistance available for him to receive some income? Answer: With the proper planning, your son will be able to qualify for Supplemental […]

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Guardianships

By Burner Law Group, P.C. / June 8, 2015 / 0 Comments

Question:  My mother was recently diagnosed with Alzheimer’s. She never executed a health care proxy or power of attorney so no one has been appointed to handle her finances or make medical decisions on her behalf.   Is it too late now to execute these documents? What will happen if she never executes them?  Answer:  Having […]

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Supplemental Needs Trust for Disabled Child

By Burner Law Group, P.C. / March 18, 2015 / 0 Comments

Question:  I have three sons and one is disabled.  Should my Will leave everything to my other two sons so that my disabled son does not lose his government benefits when he receives an inheritance?  I am sure my other two sons will always take care of him. Answer:  There is no reason to disinherit […]

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