Elder Law Blog

The Third Party Supplemental Needs Trust

admin — Mon, 06 Dec 2010 17:04:05 +0000

Supplemental Needs Trusts (SNTs) provide a supplemental source of funds for people with disabilities. Because of certain legal limitations on these trusts, individuals can remain eligible for government benefits that are based on need, such as Supplemental Security Income (SSI) and Medicaid. SNTs enhance the quality of life of the person with the disability (who [...]

Supplemental Needs Trust: Trustee Guidelines

admin — Mon, 29 Nov 2010 16:53:25 +0000

Guest Post by Robert G. Gunderson Attorney At Law

The purpose of this memorandum is to provide some guidance for the trustee’s administration of a Supplemental Needs Trust.

The Trust is specifically designed to protect the continued eligibility for public benefits, most importantly Medical Assistance (M.A.) and Supplemental Social Security Income (S.S.I.), while providing for [...]

Serving as Trustee of a Supplemental Needs Trust

admin — Mon, 22 Nov 2010 16:45:52 +0000

A Trustee is a fiduciary and is subject to the commonly recognized fiduciary duties of diligence, loyalty, obedience and prudence. All trustees are required to:

- Maintain accurate records

- Invest the funds as a reasonably prudent investor

- File all appropriate tax returns and accountings

- Comply with the terms of the trust document itself

Duties and Responsibilities [...]

Revocable Living Trust

admin — Mon, 15 Nov 2010 16:41:29 +0000

A Revocable Living Trust (RLT) is a trust which you create during your lifetime. It is also called an Inter vivos Trust which means ‘during your life’ or Living Trust. The fact that the trust is revocable means that it may be changed or terminated at your wish as long as you continue to be [...]

Overview: Being a Trustee

admin — Mon, 08 Nov 2010 16:37:46 +0000

A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a “trustee,” holds legal title to property for another person, called a “beneficiary.” If you have been appointed the trustee of a trust, this is a strong vote of confidence in your judgment and [...]

When the Death of a Loved Occurs

admin — Mon, 01 Nov 2010 16:33:46 +0000

When the death of a loved one occurs, legal, financial and emotional issues will arise and people cope with the loss of a loved one in many ways. For some, the experience may lead to personal growth, even though it is a difficult and trying time. There is no right way of coping with death. [...]

Making Decisions: CPR & DNR Orders

admin — Mon, 25 Oct 2010 16:25:00 +0000

What do CPR and DNR orders mean? CPR – cardiopulmonary resuscitation — refers to the medical procedures used to restart a patient’s heart and breathing when the patient suffers heart failure. CPR may involve simple efforts such as mouth-to-mouth resuscitation and external chest compression. Advanced CPR may involve electric shock, insertion of a tube to open [...]

What is a Living Will?

admin — Mon, 18 Oct 2010 16:17:48 +0000

A Living Will is a health care advance directive that allows you to give written instructions that explain your wishes for future medical care, especially about end-of-life care. You cannot use a Living Will to name a health care agent; you must use a Health Care Proxy. Together, a Living Will and a Health Care [...]

Responsibilities of Being a Health Care Proxy

admin — Mon, 11 Oct 2010 16:01:23 +0000

If you are in a position to make medical decisions for someone else, this Memorandum is for you. If you have been named in someone’s medical power of attorney or other advance directive, then you may be referred to as the person’s proxy, agent, attorney-in-fact, surrogate, or representative. These are all essentially the same job. [...]

What is a Health Care Proxy?

admin — Mon, 04 Oct 2010 15:51:06 +0000

If you become unable, even temporarily, to make health care decisions, someone else must decide for you. Health care providers often look to family members for guidance. Family members may express what they think your wishes are related to a particular treatment. However, in New York State, only a health care agent you appoint has [...]