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Recent Blog Posts

Can A Person With Cognitive Impairment Sign Legal Documents?

When someone begins to exhibit signs of Alzheimer’s or dementia – or perhaps even has a diagnosis of some type of cognitive impairment, they often turn to us – wondering if it’s too late to prepare estate plans and get advanced directives in place. To better understand what can and cannot be done, consider the… Read More »






Giannasca & Shook, PLLC is proud to sponsor Senior Law Day

Giannasca & Shook, PLLC is proud to sponsor Westchester County’s Senior Law Day, which will take place on May 18, 2017 (9:00 a.m. to 1:00 p.m.) at the Jefferson Village Community Center, located at 3480 Hill Boulevard, Yorktown Heights, New York.






UNDERSTANDING A HEALTH CARE PROXY

Richard, an 81 year-old widower, has had his Will and advanced directive documents (Power of Attorney, Health Care Proxy and Living Will) in order for some time. His daughter, Beth, was named his Health Care Agent in his health care proxy. Of his children, she lived the closest and often accompanied him to doctors’ appointments… Read More »






IS DAD OKAY? THE GRAY ZONE OF ELDER GUARDIANSHIP

Often, clients will inquire about obtaining a guardianship for a parent (or other family member) that they feel may need some oversight. This is usually prompted by what the children view as unsound decisions or unusual conduct on the part of the parent Very often, the parent is resistant to having a guardian appointed believing they… Read More »






SECOND MARRIAGES BRING CHALLENGES IN ESTATE PLANNING

The complexities attending second marriages often times require special attention, particularly if there are children from a prior marriage, significant age differences or medical conditions, or if one spouse has substantially more assets than the other. Like most people, you may want to assure your new spouse is provided for in the event you pass… Read More »






WILL YOUR ANNUITY MAKE YOU INELIGIBLE TO RECEIVE MEDICAID BENEFITS?

Annuities are often used to produce a monthly stream of income for a fixed period or even for life. Many people use annuities as a form of retirement account to provide a stream of income in their golden years. However, if your annuity is not properly created it may prevent you or your spouse from… Read More »






New York State Department Of Health Issues New Administrative Directive Related To Expedited New York Medicaid Eligibility For Personal Care Services And Consumer Directed Personal Assistance Services

On July 1, 2016 The New York State Department of Health issued Administrative Directive 16 OHIP / ADM-02 setting forth the requirements and procedures for expedited Medicaid eligibility determinations for New York Medicaid applicants/recipients who have an “immediate need” for Personal Care Services (PCS) or Consumer Directed Personal Assistance Services (CDPAS). This Administrative Directive is… Read More »






Advanced Planning With Medicaid Asset Protection Trusts

Many people recognize the importance of implementing traditional estate planning techniques such as having a will or revocable trust, executing a durable power of attorney and preparing advance health care directives. But advance planning for long term care (LTC) in a nursing home often doesn’t get the attention it should. Without proper planning, a mere… Read More »






Welcome!

This is the official Elder Law blog of Giannasca & Shook, PLLC. We will begin posting on this blog shortly, so please check back regularly for updates about the firm, notable cases and more.