Videos

Many people in New York with low-income status require Medicaid assistance to cover community-based long-term care (CBLTC) services. On March 25, 2021, the state of New York (State) submitted their Waiver Amendment Request – Application for 1115 Waiver Authority to Implement a 30-month Transfer of Assets Lookback for Community Based Long-Term Care Services (Waiver Amendment) […]

Melville, New York - Vivian Garrastegui, Elder Law Attorney and Partner in Schneider, Garrastegui & Fedele, PLLC, recently joined The Donna Drake Show: Live It Up! to discuss Wills, Medicaid Planning, and Estate Planning. Vivian Garrastegui, a National Academy of Elder Law Attorneys, Inc. Member, explains what happens when someone passes away without a Last […]

Individuals with disabilities require ongoing care and advocacy well into adulthood. A big part of advocating for family members with disabilities is making sure they don't miss out on the social services they'll need for the rest of their lives. A supplemental needs trust (SNT) allows New York families and guardians to create a financial […]

A. YES. If you did not file an Income Tax Return for the years 2018 and 2019 you will still receive the sum of $1,200.00. If you have a child under 17 years old, you may have to provide information to the IRS in order to receive the sum of $500.00. You still have to […]

A. This is a question we get a lot and the answer is generally, no. Through various estate planning mechanisms, we carefully craft an estate plan that will provide for a disabled child and not impair their ability to obtain government benefits.

A. Absolutely! By executing a Last Will and Testament you designate the person or persons you want to inherit your assets, bank accounts, real property, etc. You also designate the person you want to be in charge of, the executor. If you do not have a Last Will and Testament, then your assets will be […]

A. It is a Medical Order for Life-Sustaining Treatment. This form will document an individual’s preference concerning life-sustaining treatment. MOLST is for patients with serious health conditions who: Want to avoid or receive any or all life-sustaining treatment; Reside in a long-term care facility or require long-term care services; and/or Might die within the next […]

A. A Health Care Proxy deals with your medical needs. A Power of Attorney deals with your financial needs. By executing a Power of Attorney (POA), you (Principle) appoint an Agent who will have the power to handle your finances. You will be able to specifically state what powers you wish to grant to the […]

A. This form allows the person you choose to make all health care decisions for you including the decision to remove or provide life-sustaining treatment unless you say otherwise in this form. “Health care” means any treatment, service, or procedure to diagnose or treat your physical or mental condition. The person you appoint must be […]

A. Unfortunately, there is not a special COVID 19 law, and the bank will not release the money to her unless she is the beneficiary of the account or it is in trust for her. She will have to commence an Estate Proceeding in the Surrogates' Court of the county where he resided.