Elder Law Long Island - SCHNEIDER, GARRASTEGUI & FEDELE PLLC

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February 15, 2022
What You Need to Know About Medicaid and the Lookback Period in New York

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) […]

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January 21, 2022
Elder Law Attorney Vivian Garrastegui Appears on The Donna Drake Show

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 […]

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January 18, 2022
What Is a Supplemental Needs Trust in New York?

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 […]

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May 9, 2020
Q. Do I qualify for the Economic Impact Payment of $1,200.00 if I receive Veterans benefits, Supplemental Security Income or Social Security Retirement, Disability or Survivors Benefits?

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 […]

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May 9, 2020
Q. What if I have a disabled child and I do not want to leave that child his/her inheritance so that he does not lose his Medicaid or Supplemental Security Income. Should I leave them or of my estate plan and anticipate their siblings will take care of them?

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.

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May 9, 2020
Q. Do I need a Last Will and Testament?

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 […]

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May 9, 2020
Q. What is a MOLST?

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 […]

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May 9, 2020
Q. What is a Power of Attorney and should I have one?

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 […]

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May 9, 2020
Q. What is a Heath Care Proxy and do I need one?

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 […]

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May 9, 2020
Q. My dad passed away due to COVID 19, my mom needs to access money from his account to pay for the burial but she is not a signer on his bank account. Is there a special law to address this due to COVID 19, if, not, what can she do?

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.

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Clients first entrusted us to help them with their estate planning and elder law issues over 30 years ago. Since then, we have expanded our practice to include real estate, but our focus continues to be on assisting clients with some of the biggest issues they will face in their lives.

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