Robert W. Shaw
There are many wonderful aspects to the “golden years”; however, physical decline is often inevitable. This raises concern about the right housing choice, once the maintenance of home ownership becomes too difficult. Fortunately, there are a number of housing options that a senior can consider—that range in level of care—in order to meet an individual’s […]
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Mediation is a valuable resource in elder law disputes and saves all parties the cost of time, money, and emotion. Used frequently in the area of matrimonial law, mediation is an alternative to court proceedings. With the help from a mediator, the parties work together to reach their own agreement—this differs vastly from arbitration, where […]
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If someone is named the executor under a person’s will, their job is to carry out the express wishes of the decedent. Even before being formally appointed by the court, the executor should: Follow the decedent’s burial and memorial instructions. The executor may have to arrange for the funeral and burial, and will need to […]
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Many families take care of a physically or mentally disabled child—and they worry about that child’s care once they are no longer able to be their guardian. A supplemental needs trust is a way to protect the funds of an individual without jeopardizing government benefits. There are two types of supplemental needs trusts: A first-party […]
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What is a power of attorney? When an individual sets a power of attorney, it means they have appointed a trusted person to act on their behalf regarding any non-medical decisions, such as banking transactions or selling a home, if they are unable to do so because of incompetence or physical inability. The power of […]
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The Family Health Care Decisions Act (FHCDA) went into effect in New York State in 2010. The law provides the procedure for appointment of a surrogate to make healthcare decisions for an individual who lacks the capacity to make their own decisions and who does not already have a healthcare proxy or court-appointed guardian in place. […]
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Without a healthcare proxy in New York State, you will not be able to control who makes your healthcare decisions if you become unable to make these decisions yourself. Living wills are often confused with healthcare proxies. The difference between a healthcare proxy and a living will is that a living will gives evidence for […]
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact me and welcome your calls, letters and electronic mail. Contacting me does not create an attorney-client relationship. Please do not send any confidential information until an attorney-client relationship has been established.
Robert W. Shaw is licensed in New York.
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