Article 17-A vs Article 81 Guardianship in New York
The critical differences between Article 17-A and Article 81 guardianship in New York, including who qualifies, which court handles each, and temporary guardian options.
All articles about New York Power of Attorney & Guardianship Kit for Aging Parents.
The critical differences between Article 17-A and Article 81 guardianship in New York, including who qualifies, which court handles each, and temporary guardian options.
What the court evaluator does in an Article 81 guardianship case, plus the guardian's fiduciary duties, bond requirements, and annual reporting obligations in New York.
Step-by-step guide to filing an Article 81 guardianship petition in New York Supreme or County Court, including required forms, the order to show cause, and hearing timeline.
How the caregiver child exemption and sibling exemption let families transfer a parent's home without a Medicaid penalty in New York — requirements, documentation, and common mistakes.
CDPAP eligibility requirements for 2026, how the PPL fiscal intermediary transition works, and how to apply for New York's consumer-directed home care program.
How adult children and other family members can get paid as CDPAP caregivers in New York — who qualifies, who's excluded, and what the role actually involves.
New York's community Medicaid lookback period vs the 60-month nursing home lookback — what's enforced in 2026, the planning window that still exists, and how to protect assets.
How New York's Community Spouse Resource Allowance protects the healthy spouse's assets when a partner needs Medicaid long-term care — 2026 limits, income rules, and spousal impoverishment protections.
Why New York doesn't use conservatorship for elderly adults, how Article 81 guardianship replaced the old system, and what to file instead.
Why the Social Security Administration doesn't recognize state power of attorney documents and what you need instead — the Representative Payee process explained.
How to petition for emergency guardianship in New York when a parent faces immediate harm — the order to show cause process, timeline, and what temporary authority covers.
How to pursue Article 81 guardianship for a parent with dementia or Alzheimer's in New York — the legal standard, hearing timeline, and what to expect.
Whether you can file an Article 81 guardianship petition without an attorney in New York, what pro se filing requires, and when legal representation is worth the cost.
How to get a HIPAA release to access an elderly parent's medical records in New York — what the form requires, who can sign it, and what to do when a parent lacks capacity.
Step-by-step process for revoking a power of attorney in New York — who can revoke, how to notify third parties, and when it may be too late.
How the NYC HRA Surplus Income Unit processes pooled trust budgets for Medicaid. Covers MAP-751W filing, monthly verification requirements, and common denial triggers.
How irrevocable Medicaid asset protection trusts work in New York — the 60-month lookback, funding strategies, and what the trust can and cannot protect.
How the half a loaf Medicaid planning strategy works in New York — partial asset transfers, penalty period calculations, and when this approach makes sense.
How New York calculates the Medicaid transfer penalty, 2026 regional penalty divisors by area, and strategies for managing or avoiding penalty periods.
How Article 81 of New York's Mental Hygiene Law works — filing a petition, the court evaluator, costs, and what the guardian can and cannot do.
Step-by-step guide to enrolling a parent in a New York Managed Long Term Care plan — eligibility, the assessment process, choosing a plan, and home care hours.
How the New York MOLST form works, who can sign it, when it's appropriate, and how it differs from a health care proxy and living will.
Step-by-step instructions for completing the New York health care proxy form under PHL § 2981, including witness rules and common mistakes to avoid.
How living wills work in New York under common law, what they can and can't do, and how they fit alongside a health care proxy for elder care planning.
Which New York Medicaid application form to file and when. Covers DOH-4220, Supplement A (DOH-5178A), DOH-5147 for incapacitated applicants, and the immediate need process.
How Medicaid home care works in New York — eligibility limits, the MLTC enrollment process, personal care hours, and the unimplemented community lookback.
How the GOL § 5-1513 statutory short form power of attorney works in New York — execution requirements, the modifications section, and the 2021 changes.
File a nursing home complaint in New York through the DOH hotline, the Long Term Care Ombudsman, or Adult Protective Services. Step-by-step process and what triggers an investigation.
Practical steps when an aging parent won't sign a power of attorney in New York — how to approach the conversation, alternatives, and when guardianship becomes necessary.
Who can witness a power of attorney in New York, whether the notary counts as a witness, and common witness mistakes that invalidate the document.
How to become a Social Security Representative Payee for an aging parent in New York. Covers Form SSA-11, advance designation, the in-person interview, and ongoing compliance requirements.
How to handle sibling conflicts over power of attorney for an aging parent in New York. Legal options, the GOL monitor provision, and when disputes escalate to Article 81 guardianship.
How New York TEFRA liens work on a parent's home during Medicaid nursing home coverage. When the state can file a lien, who is exempt, and how it interacts with estate recovery.
The legal and financial consequences when an aging parent in New York loses capacity without a power of attorney — from frozen bank accounts to court-ordered guardianship.
Five alternatives to an expensive elder-law attorney for power of attorney and guardianship in New York — self-directed guides, legal aid, online services, and more.
If you need guardianship for an aging parent in New York but can't afford a $5,000–$15,000 attorney, here's the best self-directed guide and what it covers.
If your aging parent lives in New York but you live in another state, here's the best resource for navigating POA, guardianship, and Medicaid remotely.
Step-by-step process for executing a durable power of attorney and health care proxy for your parent in New York without hiring a lawyer.
Compare using a self-directed POA and guardianship guide versus hiring an elder-law attorney in New York — costs, scope, and when each option makes sense.