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Changes to the New York Statutory Power of Attorney
Significant changes to the New York Statutory Power of Attorney (the Form ) are now in effect. These changes simplify the Form, make it easier for individuals to appoint an Agent and for the Agent to utilize the powers. Here is what you need to know about the new Form:
The separate Statutory Gift Rider form will be eliminated and provisions giving your Agent power to make gifts will be included in the Form itself.
Gifts permitted under the personal and family maintenance section will increase from $500 to $5,000 per year.
If the Principal is unable to sign the Form, a third party will be able to sign on their behalf, as long as the person signing has been directed to do so by the Principal.
Banks and other financial institutions are required to accept the statutory form without delay and without imposing their own standards of acceptance.
If you would like us to review your existing Power of Attorney document to make sure your Form does not require updating, please do not hesitate to contact us at 212-307-1499 or email us at [email protected] to schedule a courtesy consultation.
The Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, waives required minimum distributions during 2020 for IRAs and retirement plans. There is no catch up provision for 2021.
This morning, Barbara and I received a call from a nearby assisted living facility that one of our clients was convinced that they were back in a Displaced Persons Camp in Germany. I am not entirely convinced that just hearing our voices was enough, but it seemed to have helped.
Please know that Barbara and I plus our entire team our available to you, even and especially if you just want to talk.
Buyer Beware And now for something completely different, the cogitations and observations of Caveat Emptor aka Michael D. Lissner
Recent Blog Article
New Medicaid Look-back and Transfer Penalty to be assessed for Community Based Home Care Services
Until now, New Yorkers could almost instantly qualify for Medicaid Home Care services by transferring assets one month and being considered financially eligible for Medicaid Home Care services the following month. This made Medicaid Home Care services a very attractive alternative for New York residents in need of long term care at home.
Changes to Medicaid Eligibility and Access to Medicaid Home Care Services in New York
New York State has made radical changes to the Medicaid Home care regulations. Under prior regulations, a person could transfer assets for the purpose of qualifying for Medicaid Home care benefits and be deemed financially eligible for services in the month following the month of transfer.
The law firm of Lissner & Lissner LLP, located in midtown Manhattan, consisting of attorneys licensed to practice law in New York, New Jersey and Florida, has represented its clients and their families for over 65 years. We are available for meetings in all of the states in which we are licensed, either at our office or, if need be, house calls are available.
Lissner and Lissner LLP offers a wide range of legal services for appropriate legal fees in such areas as Trusts, Estate Planning and Administration, Elder Law/Medicaid Planning, Real Estate, Litigation and Restitution Law. We also offer financial management services at similarly appropriate fees either directly to the client, or in combination with the client’s family, managers, lawyers, accountants, brokers and/or other representatives.
Michael received his J.D. from Brooklyn Law School in 1982. He is admitted and qualified as an Attorney and Counselor of the Supreme Court of the United States; is further licensed as an Attorney and Counselor at Law in the States of New York (Appellate Division, 2nd Department) and Florida and is a member of both the New York County Lawyers’ Association and the National Academy of Elder Law Attorneys.
Barbara received her J.D. from Hofstra University School of Law in 1982. She is admitted and qualified as an Attorney and Counselor of the Supreme Court of the United States; is further licensed as an Attorney and Counselor at Law in the States of New York (Appellate Division, 3rd Department) and New Jersey (U.S. District Court).