Share

Incapacity Planning

Wednesday, October 30, 2019

What is a healthcare proxy?


Multiple problems frequently arise when an adult loses capacity.  Do you remember Terri Schiavo and the 7 year court battle that her family had to endure to determine the proper course of her medical treatment? Much to the surprise of close relatives, unless certain documents are signed ahead of time, the relatives are not entitled to make health care decisions for their loved one.

The two documents that allow an individual to detail their future medical wishes are a Health Care Proxy and a Living Will.
Read more . . .


Wednesday, September 18, 2019

A Good Plan Avoids Big Problems

Not having a plan in place may create unforeseen problems for your family. Please read my recent article in Epoch Times about the importance of having proper documents.

https://www.theepochtimes.com/a-good-plan-avoids-big-problems_3066028.


Read more . . .


Saturday, June 15, 2019

What is the Medical Aid in Dying Act?


Medical aid in dying is the process by which an adult, mentally competent, terminally ill patient, whose doctors have determined likely to die within six months, self-consumes prescribed medicines to end suffering and achieve a peaceful death. There are currently legislative efforts in New York State to establish Medical Aid in Dying as a right.


Has it been tried before? Medical Aid in Dying has been legal in both Oregon and Washington for over a decade. Evidence compiled from these two states demonstrates that these programs are overwhelmingly beneficial. There is no evidence of disproportionate impact on vulnerable populations - the majority of patients who choose aid in dying have health insurance and most are college educated.


Read more . . .


Saturday, June 8, 2019

Do You Need a Health Care Proxy?


In New York, the two documents that allow an individual to detail their future medical wishes are a Health Care Proxy and a Living Will. You can also combine the two into one document: in the Health Care Proxy you can both nominate and provide specific instructions to your agent.


Purpose: A Health Care Proxy allows an individual to plan their future medical decisions in the event they are incapacitated. Given the state of today's medicine, individuals are commonly subjected to advanced life support systems and invasive medical treatments that only prolong the end-of-life care. If you have any specific wishes in regards to your end-of-life care (e.


Read more . . .


Saturday, May 18, 2019

How Can I Become an Administrator or an Executor of an Estate?


Probate or Administration: In New York, if the decedent had a Will and had assets that did not pass by operation of law (such as joint property with rights of survivorship or accounts with beneficiary designations), then the Will must be "probated" and an Executor must be appointed. If the decedent did not have a Will and had assets that did not pass by operation by law, then an Administrator must be appointed.

Who can file a Petition: In order to bring a petition of Probate or Administration to court, you must have standing. If the decedent had a Will, then the nominated Executor will be the one filing the petition. If there is no Will, then SCPA 1001 determines who has priority in becoming the Administrator of the Estate.

Read more . . .


Saturday, May 11, 2019

Removing the Executor of the Estate


Can one remove the executor or the administrator of the estate? The process is not easy, but it has been done multiple times. Below are several common grounds for removal:



•     Self-dealing. This means that the Executor of the Estate acts in the best interests of himself, instead of the interests of the creditors and the beneficiaries of the estate. It may include purchasing a house owned by the Estate at an artificially low price. Or it may include paying themself a high salary from the estate, without prior court approval.


Read more . . .


Tuesday, December 4, 2018

Regular Wills vs. Crypto Wills


Most people want to pass down their assets in accordance with their wishes, with minimal costs, minimal delays, and minimal strife amongst the heirs. Yet there are several problems with using traditional Wills to accomplish these goals. These problems include: not having one’s wishes honored because of losing one’s Will; or having your the Will challenged by heirs; not addressing the distribution of all the of your assets because the Will was written years before death and new assets have been acquired; and high costs of lawyers, h costs needed to pay to lawyers, courts, and executors to finalize the Will.

CryptoWills, which use blockchain, may address some of these problems. First, if the data is stored on blockchain, it cannot be lost.
Read more . . .


Monday, November 26, 2018

5 Things to Do Immediately to Protect Your Digital Assets, Including Crypto-Currency


 

Once you stop to think about it, you might will realize you have more digital assets than physical ones. These include online banking and brokerage accounts (banking and brokerage), photo storage sites, social media accounts, and cryptocurrency. If you were to die tomorrow, does anyone have the right to possess these accounts? Will they know the necessary steps to access them?

Online providers handle the accounts of deceased users differently. Some, (like Facebook,) have created a legacy contract, which enables one to designate a person to manage one’s account after death. Others do not have such a clear policy, and there are federal laws (such as The Computer Fraud and Abuse Act and The Stored Communications Act) that severely limits provider’s’ ability to share personal account information with others.
Read more . . .


Wednesday, October 3, 2018

Psychiatric Advance Directives (PAD) – are they different from a regular health care proxy?

Every individual of adult years and sound mind has a right to choose what shall be done with his own body and to control the course of his medical treatment. Patient autonomy and self-determination are a firmly ensconced principle in New York State Law.

But what happens with patients who have lost decision making capacity? A Health Care Proxy is a powerful tool. Patients may choose a health care agent who will make all health care decisions for them in the future. These decisions include both life-sustaining treatment and on-going medications.


Read more . . .


Tuesday, April 10, 2018

'Aggressive' Advance Directive Permits Halting Food And Water In Severe Dementia

Is this something that you would want? I will be the first person to sign it - because I see the pain and suffering that people go through during the years of dementia.


Read more . . .


Archived Posts

2019
November
October
September
August
July
June
May
April
March
January
2018
December
November
October
September
August
July
April
March
February
January
2017
December
November
October
September
July
May
April
March
February
January
2016
November
October
August
July
June
April
March
February
January
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014

← Newer12 3 Older →


Sverdlov Law's practice focuses on estate planning, probate and estate administration, Medicaid planning, elder law, and business succession matters.



© 2019 Sverdlov Law PLLC | Disclaimer
30 Wall Street, 8th Floor, New York, NY 10005
| Phone: 212-709-8112

Estate Planning | Planning for Incapacity | Guardianships | Probate / Estate Administration | Special Needs Planning | Elder Law | Medicaid Planning | Business Succession Planning | Veterans Benefits | Estate Litigation | Political Asylum/Refugee Status | | Resources | Legal Team

Law Firm Website Design by
Amicus Creative