Category: Estate Planning

Power of Attorney: Power in Your Hands

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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Robert W. Shaw, Elder Attorney

New York’s Family Health Care Decisions Act

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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Robert W. Shaw, Elder Attorney

Don’t Leave Your Long-Term Care in the Hands of Medicaid

Even if you eventually receive Medicaid coverage from the government, insurance is a valuable supplement to cover the cost of long-term care. At today’s rates, a nursing home can easily cost $120,000 to $150,000 a year in New York. Medicare does not cover the cost of most long-term care situations, so it becomes very difficult […]

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Robert W. Shaw, Elder Attorney

What’s the Best Way to Transfer My Home to My Child?

When estate planning, determining the best way to transfer the ownership of a home from parent to child has many implications—especially for seniors. There are 3 ways to transfer the ownership of a home from parent to child: Outright gift Gift with a reserved life estate Gifting by trust Outright Gift The problem with an […]

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Robert W. Shaw, Elder Attorney

Willing or Not — You Need a Will!

By having a will, you can retain more control over the distribution of your estate. Without a will, the state you live in determines how your property is distributed. People usually start thinking about making a will when they get married and start a family, but even a single, childless person should have a will. […]

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Robert W. Shaw, Elder Attorney

Can the Right Trust Anticipate Your Needs and Set Your Mind at Ease?

Trusts fall into two main categories: revocable and irrevocable. Revocable trusts are set up by the individual (known as the “grantor”), often for their own benefit, and can be changed at any time. Irrevocable trusts are setup in a manner intending that they not be changed. Both types of trusts can be either living trusts […]

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Robert W. Shaw, Elder Attorney

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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.