This article will endeavor to detail the seven year odyssey of a contested guardianship proceeding in the Matter of Samuel S.   Many guardianship proceedings are extremely contested; however, this case was the most contentious in my career.  It involved three Supreme Court proceedings (habeas corpus, guardianship and a plenary action) and two appeals.  The latter [...]

By | 2017-09-07T18:24:55+00:00 September 7th, 2017|Articles|0 Comments

Obtaining Guardianship of A Loved One

The older our parents and loved ones get, the more we have to consider becoming their caretaker. As our elder family members lose their ability to care for themselves, Guardianship may become necessary. Being an appointed guardian allows you to have a greater role in the elderly person's important healthcare decisions and financial matters. The older [...]

By | 2017-08-22T14:32:44+00:00 August 22nd, 2017|Uncategorized|0 Comments

Planning Ahead with Handicapped/Disabled Children

When your child has special needs or is developmentally disabled, it is important to plan ahead for both the parents and the well-being of your son or daughter. Effective planning from early on in the child’s life can help ensure a better quality of life and a more stable future overall. While this is important [...]

By | 2017-06-30T15:09:28+00:00 June 30th, 2017|Uncategorized|0 Comments

Dealing with Asset Transfers

By: Anthony J. Lamberti, Esq., Chairman, Elder Law Committee The gravamen of this article is how to assess gifts made by an individual who must now apply Medicaid due to a nursing home admission. The usual scenario is that the applicant has transferred or gifted a significant sum of money to help a family, member [...]

By | 2016-11-16T20:33:19+00:00 January 16th, 2016|Uncategorized|0 Comments

Current Events in Elder Law

By: Anthony J. Lamberti, Esq., Chairman, Elder Law Committee                  I’ve written previously about the legal basis for a nursing home to seek payment for services from residents of a skilled nursing facility or other responsible parties. There are countless cases involving nursing homes petitioning for an Article 81 Guardian that would have authority [...]

By | 2016-11-16T20:33:19+00:00 January 16th, 2016|Uncategorized|0 Comments