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New York Elder Law Questions & Answers
1 Answer | Asked in Estate Planning, Securities Law and Elder Law for New York on
Q: What do I do if Fidelity Investments refuses to give my mother her money, and refused my power of Attorney?

Mom had a stroke a year ago and hasn't gotten better. We are trying to buy a house so that I can take care of her when the time comes... Fidelity has accused me of Elder Abuse and trying to steal her assets etc even tho my mom was the one who told fidelity what her wishes were. They are rude... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 25, 2024

I'm sorry you're going through this difficult situation. If you haven't already, ask Fidelity to document their concerns in writing and provide the specific reasons for refusing to honor your POA or give your mother access to her funds. It may be because they believe your mother... View More

3 Answers | Asked in Business Law, Contracts and Elder Law for New York on
Q: I’m in contact to sell my home but because of illness we decided to move back.
Tim Akpinar
Tim Akpinar
answered on Oct 15, 2024

I'm sorry for your illness. My colleagues raise valid points. In addition to the terms of the contract, these settings could also depend on the personalities of the parties involved - how sympathetic the other side could be to your plight, the other side's position in terms of being... View More

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3 Answers | Asked in Business Law, Contracts and Elder Law for New York on
Q: I’m in contact to sell my home but because of illness we decided to move back.
Carl Nelson
Carl Nelson
answered on Oct 14, 2024

You didn’t ask a question but assuming you are asking if you can back out of the contract, the answer is that it depends.

Assuming you have an attorney to represent you in the transaction, that’s where your question should be directed. If you do not have one, I would assume the buyer...
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1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Medical Malpractice for New York on
Q: What are the rights of patients regarding pain management?

MALE

58 YEARS OLD

Disabled 7yrs

FIDELIS/MEDICAID

SSI/SSD 7yrs

After 2 years, today my PCP has required that I bring all of my empty Suboxone Film Packages each and every visit or:

1. he will request daily visits, as opposed to bi-weekly.

2.... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. As a patient, you have rights regarding your pain management and the treatment you receive. Your primary care physician (PCP) can request certain documentation, like empty Suboxone Film packages, to ensure proper medication use, but this should be... View More

1 Answer | Asked in Criminal Law, Elder Law and Municipal Law for New York on
Q: What kind of lawyer do I need to fight for me against the town and the two people who killed my sister.

I finally found hard evidence that he killed my sister with his medication which showed on the toxicology report that it was his meds. The prescription read his name on the bottle. The detective had taken a picture of the meds. There is way to much to tell on here... I am living a nightmare, I am... View More

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

My advice is to contact the New York State Police and provide to them the toxicology report and other hard evidence while explaining that you are having difficulty with the local police and sheriff's dept.

The New York State Police may have received other similar reports regarding...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Elder Law for New York on
Q: How to defend myself against a TRESPASSING CHARGE-WHEN I WAS LOOKING FOR THE REBARB I HAD PAID FOR IN 2010-AND IT'S GONE

He is also blatantly hacking me with his fancy Apple smartwatch and his iPhone through Bluetooth which I do not even have enabled! He wants my property and we've been disputing this for years! The local judge was probably paid off by him & I'm going to have a heart attack I swear

James L. Arrasmith
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answered on Feb 24, 2024

Firstly, it's essential to remain calm and composed despite the distressing situation. When defending yourself against a trespassing charge, focus on presenting evidence to support your claim that you were on the property to retrieve rebar you had previously purchased. Gather any documentation... View More

1 Answer | Asked in Civil Rights, Elder Law, Gov & Administrative Law and Municipal Law for New York on
Q: I'm on a woman's Shelter waiting for housing with a City Voucher. It appears the Voucher is not going to help me.

We were told we could report.Real Estates who do not accept the Voucher or ask us for money to find an apartment. Legally what can we do in this case?

James L. Arrasmith
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answered on Feb 24, 2024

In this situation, it's essential to understand your rights and the legal protections available to you as someone seeking housing assistance with a City Voucher. Firstly, you should familiarize yourself with the local housing laws and regulations that govern the acceptance of vouchers by... View More

1 Answer | Asked in Elder Law and Family Law for New York on
Q: I'm interested on becoming a gaurdian of someone. Where do I start? Do you serve Livingston county?

My uncle was deemed incompetent but I think he seems with it to me when I talk to him. When I was a nurse I know patients were with it certain times of day. Why can't he make me POA like he says he wants. He has been in long term care for 2 years

T. Augustus Claus
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answered on Feb 8, 2024

To become a guardian in New York, especially for someone deemed legally incompetent, you would start by filing a petition for guardianship in the court that has jurisdiction over the matter, which could be the Surrogate's Court or Supreme Court in the county where your uncle resides, such as... View More

4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 6, 2024

As my colleague correctly advised, a health care proxy will allow you to make medical decisions on behalf of your parents. If you wish to make other decisions on their behalf, they would need to sign a Power of Attorney form designating you as their agent (assuming they have capacity to understand... View More

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4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Benjamin Z. Katz
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answered on Feb 4, 2024

A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More

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1 Answer | Asked in Elder Law for New York on
Q: My 86 year old father was living with me and my niece put him in a home. Can I legally go get him and bring him back hom

My father is able to make decisions on his own. He wants to come back home

T. Augustus Claus
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answered on Jan 12, 2024

In New York, if your 86-year-old father is mentally competent and able to make decisions on his own, he has the right to choose where he wants to live. If he expresses the desire to return home and is capable of making that decision, legally, he can leave the nursing home. You may want to... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for New York on
Q: Is there a time limit that a will should be settled by an appointed executor?
Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

An executor is a fiduciary, which means that s/he has personal responsibility and liability for all assets and liabilities of the estate. However, the executor has no powers until obtaining letters testamentary or preliminary letters testamentary from the Surrogate's Court as a result of... View More

1 Answer | Asked in Elder Law and Public Benefits for New York on
Q: Is military disability considered income in an assisted senior living housing unit? Hud said it was exempt, is it?
James L. Arrasmith
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answered on Dec 20, 2023

In New York, when it comes to assisted senior living housing units, especially those regulated by HUD (the U.S. Department of Housing and Urban Development), certain types of income are treated differently for eligibility and rent calculation purposes. According to HUD guidelines, some types of... View More

1 Answer | Asked in Elder Law, Civil Litigation and Real Estate Law for New York on
Q: Can a life estate be reversed if signed under manipulation and dementia is involved?

I have an elderly friend who was manipulated into signing a life estate deed over her house to her grandson in 2015 due to his student loan situation. She did not have her own attorney present during the signing and now wants to reverse the decision. She has repeatedly contacted her grandson over... View More

Jack Mevorach
Jack Mevorach
answered on May 27, 2025

Depending upon the exact facts - yes.

Jack

1 Answer | Asked in Gov & Administrative Law and Elder Law for New York on
Q: Will DOD DRP affect my FERS Disability Retirement negatively?

I am a current federal employee working as an Investigator and have filed for FERS Disability Retirement due to a degenerative eye disease affecting my peripheral and night vision. To avoid being terminated for medical inability to perform my duties, I am considering the Department of... View More

James L. Arrasmith
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answered on May 14, 2025

You're in a difficult position, and it's good that you're thinking carefully about how each option could affect your future. The Deferred Resignation Program (DRP) may seem like a safer or more graceful exit, but when it comes to FERS Disability Retirement, the nature of your... View More

2 Answers | Asked in Elder Law and Estate Planning for New York on
Q: Is a POA needed if an elderly person has a healthcare proxy and living will?

I assist an elderly non-relative with her day-to-day affairs. She has no mental disabilities and manages her own affairs. She is a widow with no children, living siblings, or other relatives. Her financial resources are minimal, consisting of about $5,000 in one bank account with a POD beneficiary,... View More

Jack Mevorach
Jack Mevorach
answered on Apr 30, 2025

Yes - for legal matters.

Jack

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1 Answer | Asked in Elder Law, Health Care Law and Public Benefits for New York on
Q: Can I receive home care from Medicaid in NY without seeing a doctor due to religious reasons?

I am a permanently disabled senior with paralysis in my right leg, kyphosis, MS, and severe scoliosis. I currently receive home care from a Managed Long Term Care (MLTC) plan, but they are discontinuing my care due to my refusal to see a doctor based on my religious beliefs. I rely on God for... View More

James L. Arrasmith
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answered on Apr 13, 2025

In New York, Medicaid typically requires a doctor’s assessment or prescription for home care services, especially through Managed Long Term Care (MLTC) programs. This is to ensure that the services you need align with medical necessity standards. However, there may be some flexibility in how you... View More

1 Answer | Asked in Real Estate Law and Elder Law for New York on
Q: My girlfriend lived in Someone’s home for 10 years the last 3 taking care of him

The person did not include her in the will And the children want her to vacate within the month

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 5, 2025

Eventually the heirs will secure the right to take possession when one is designated by the local Surrogate Court as Administrator of the Decedent Estate. When that day comes that person would serve either a tenancy termination notice or a Licensee Notice to Quit.

4 Answers | Asked in Banking, Elder Law, Estate Planning and Securities Law for New York on
Q: Is there anyone NOT afraid to sue FIDELITY INVESTMENTS for elder abuse and breach of contract/ fiduciary duty?

for over a year fidelity has been holding my mothers money, she had a stroke named me as power of attorney snd they refuse it and now she has no access to her money and is sick and cannot pay her bills or get her medications etc because. they blocked her account she has been there for 40 Years and... View More

Benjamin Z. Katz
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answered on Oct 27, 2024

What is the reason they do not wish to honor the power of attorney? Was it drafted by an attorney on the New York Short Form? If it is a valid POA, they can be compelled to honor it. Otherwise, you would need to apply for guardianship of your mother.

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2 Answers | Asked in Consumer Law, Banking and Elder Law for New York on
Q: .Need Attorney with Banking and Foreign transfers of funds experience. Transfer $100K pending by Bank with U.S. Charter

Bank threatened to return my legal account Funds to Country of origin to repeat release process. BANK OPS DIRECTOR coming to NYC to meet me. Need Lawyer at this meeting! Manhattan location.

Jack Mevorach
Jack Mevorach
answered on Oct 16, 2024

Who transferred to who? From which source? Where are the funds now? What amount? Jack

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