When adults lose the ability to make critical decisions about their health and assets, and a durable modified power of attorney does not exist, guardianship is an excellent form of support. Guardianship is a legal process involving a court-appointed individual whose role is to support someone in making decisions about their assets, health care, medical treatments, and more.

There are two types of guardianship, each serving a different purpose: Article 17-A and Article 81.

Article 17-A Guardianship is filed under the Surrogate’s Court Procedure Act, where an individual (18 years or older) can be appointed as a guardian of an adult who is deemed developmentally or intellectually disabled. Disabilities covered by this type of guardianship include epilepsy, cerebral palsy, autism, traumatic head injuries, and neurological impairments.

Article 81 Guardianship is filed under Mental Hygiene Law. This form supports incapacitated adults, which covers aging seniors losing the ability to make sound decisions about their well-being and assets.

How Are Guardianships Filed?

A Guardian of the Person and Property can appointed when a Petition and Order to Show Cause is filed in court that illustrates a need for this support. If the judge determines a guardian is needed, the ultimate terms surrounding the guardianship will be outlined in the order.

What Does a Guardianship Cover?

A court-ordered guardianship hearing will determine if a guardian should be appointed and why. The court order may include living arrangements, medical decisions, financial decisions, etc. A guardian only has the power to act on what is detailed in the order and is required to account for all of their actions each year.

Learn More About Guardianship

Guardianship can be a complicated and overwhelming process to manage. Brian Andrew Tully, Esq. will be moderating our monthly Senior Advocacy Forum on Guardianship on May 10, 2023 @ 1 PM. The panelists will be Robert Heppenheimer, MPA, CCM, and Partner Joanne M. Hawthorne, Esq.

May marks the beginning of National Elder Law Month! Since the Presidential Proclamation of 1963, when President John F. Kennedy designated May as “Senior Citizens Month,” May has been a month to celebrate and support aging Americans and the individuals and organizations dedicated to advocating for their well-being.

According to the U.S. Census Bureau, there are more than 56 million adults over the age of 65 who could benefit from elder care planning. Knowing the legal options for long-term care and planning is essential to supporting your health and the health of your aging loved ones; however, it’s not always clear where you should start planning or what resources are available to help.

In honor of National Elder Law Month, the National Academy of Elder Law Attorneys (NAELA) acknowledges and promotes those in the profession who support the long-term care and health of the aging community. It’s the perfect time to spread awareness on accessing quality legal services and help seniors and families understand their legal options for long-term and special needs care.

National Elder Law Month is an especially important time for elder law attorneys who are constantly educating individuals and families on the importance of critical issues related to aging. Some of these include:

Elder law and senior advocates contribute significantly to their communities during National Elder Law Month–you can too! Help spread awareness by setting up events in your community that provide local and national resources for educating seniors and families on their legal options. You can also pass along resources and events you come across on social media to connect directly with your family and friends.

Tully Law Group, PC Elder Care & Estate Planning Attorneys

As elder care and estate planning attorneys, you’d be amazed at how often our client conversations revolve around a client’s health, finances, and relationships. In fact, that’s what estate planning is all about. Helping a client establish an estate plan has everything to do with a client’s family, the assets to be inherited, and ultimately their aging, health, and even mortality. So let’s add one more small resolution to help ourselves and our loved ones – establish or review your estate plan this year. It’s a simple phone call to us, and we’ll help take care of the rest. This will help you organize your life and finances and give you peace of mind knowing that you’ve provided for your loved ones and made their lives simpler.

For a FREE consultation please call (631) 424-2800 or email info@tullyelderlaw.com

Losing the capacity to make critical decisions about your health is scary, but it doesn’t have to be any made worse. National Healthcare Decisions Day on April 16th is a day for everyone to take stock and consider who will help them make these essential decisions to ease worries about the future.

Since 2008, National Healthcare Decisions Day (NHDD) has been helping bring awareness to the importance of advanced care planning. NHDD is celebrated across the country by multiple organizations with a series of independent events. It aims to make the topic of advanced care planning more comfortable and normal, an inescapable plan we have to make. Individuals, families, providers, and communities can all benefit from these conversations in spreading the knowledge of what’s available for advanced care planning and how to start the process.

Who will make your health care choices when you are unable? How can you be sure your end-of-life choices are honored? These are all great questions to look at this April. Some of the topics important to discuss include:

Health Care Proxy: A Health Care Agent who can make medical decisions for you if you are unable to communicate your health care wishes.
Living Will: A written document stating your wishes for end-of-life care.
Power of Attorney: A person who has the power to act as your agent on your behalf for legal and financial decisions.

Tully Law Group, PC Elder Care & Estate Planning Attorneys

As elder care and estate planning attorneys, you’d be amazed at how often our client conversations revolve around a client’s health, finances, and relationships. In fact, that’s what estate planning is all about. Helping a client establish an estate plan has everything to do with a client’s family, the assets to be inherited, and ultimately their aging, health, and even mortality. So let’s add one more small resolution to help ourselves and our loved ones – establish or review your estate plan this year. It’s a simple phone call to us, and we’ll help take care of the rest. This will help you organize your life and finances and give you peace of mind knowing that you’ve provided for your loved ones and made their lives simpler.

For a FREE consultation please call (631) 424-2800 or email info@tullyelderlaw.com

For the past three years, tens of millions of Americans on Medicaid did not have to worry about losing their coverage. Early in the pandemic, Congress passed a law preventing states from removing people from Medicaid. This was key to the historically high Medicaid enrollment and record-low uninsured rate in the U.S. last year.

With the COVID-19-era rule expiring on March 31, 2023, people on Medicaid will have to re-qualify to keep their coverage. Starting April 1st, states can resume dropping people from Medicaid if they don’t meet the eligibility guidelines. Estimates suggest 15-18 million nationwide could lose Medicaid coverage in the coming months. That includes nearly 7 million still eligible but facing barriers completing their paperwork on time, according to Health and Human Services projections.

Renewals and terminations won’t happen all at once. Most states are planning on rolling this change out over a 12-to-14-month period. Starting in Spring 2023, New York State will resume eligibility reviews and renewals for people enrolled. It will take time for New York to process everyone, so you may still have coverage even after April 1st. This means, even if you’re deemed ineligible for Medicaid, you might not be dropped right away.

All New York Medicaid recipients will receive a renewal packet by mail to request information to assess eligibility for re-enrollment. This will include completing documents requiring verification of income and assets. All applicants must respond to the renewal packages. If these documents are not submitted on time or if the recipient is found ineligible, Medicaid could be terminated. Now is the time to prepare for your Medicaid recertification. The experienced Medicaid legal team at Tully Law Group can help you with the recertification process to make sure accurate information and deadlines are met for submission. We are closely monitoring the latest legislative changes and other critical legal issues impacting Medicaid eligibility for seniors in New York.

Please know that if you’re a Life Care client of ours, all you have to do is contact us when you received the notification and we’ll take care of the rest.

STEPS YOU CAN TAKE NOW:

1. Make sure your address is up to date with NYS Medicaid and contact us when you receive the recertification package.

2. Stay Informed! Sign up to receive the latest updates on news and changes that may impact your coverage.

o Sign up for our Tully Law Group's e-newsletter (ADD link)

o Follow social media accounts

3. Don’t Panic! Remember, New York plans to restart its renewals in the Spring of 2023 and it is estimated that this process will take 12-14 months.

4. Take Action by Being Prepared!

How to Avoid Probate 

It’s difficult enough to save an inheritance for our children and loved ones so why force them into court before they can receive it?  Probate fees for the court, the lawyer and even the genealogy company can threaten to take large portions of your estate. In addition, Probate forces a lengthy waiting period, a loss of privacy and creates significant stress before they can even access their inheritance.

There are several methods to avoid the probate quagmire so that you can save money, time and stress! Let’s look at the most common ways you can implement immediately. 

Name Beneficiaries

You may not realize this, but most of our valued assets can be assigned beneficiaries. Instead of keeping your accounts in your name alone, which forces them through your Will and Probate, you can name beneficiaries on your bank accounts, life insurance, retirement plans, investments, and other assets to be automatically distributed. 

You can name beneficiaries by requesting a form from your bank or financial institution that will then allow the asset to be dispersed upon your death. Keep in mind that naming a beneficiary may not always be appropriate based on the asset and the person you’re naming as the beneficiary so it's best to do this in conjunction with an experienced financial advisor or estate planning attorney. 

Joint Title

In addition, if you have real estate or other financial accounts that you wish to keep out of probate, you can name a joint owner. This could be a significant other, spouse, child or other loved one. This process is best done when initially purchasing real estate but can also be accomplished even if you already own it.  By naming a joint owner with rights of survivorship, you allow the other owner to receive the property automatically upon your passing.   Again, however, there is a caution in that this joint owner will have ownership rights if its land and access rights if its a financial account so selecting the right person is crucial.

Create a Trust 

A Trust entity is created by a written agreement that is a  “Will-substitute” and can own and manage your property and assets. It’s managed by a trustee and contains terms about lifetime use of the property and the ultimate distribution after passing away so that a probate proceeding won’t be required. There are various benefits and reasons to utilize a trust and it should only be implemented with an experienced estate planning or elder law attorney and as a part of a comprehensive estate plan.  

Tully Law Group, PC Elder Care & Estate Planning Attorneys

As elder care and estate planning attorneys, you’d be amazed at how often our client conversations revolve around a client’s health, finances, and relationships.  In fact, that’s what estate planning is all about.  Helping a client establish an estate plan has everything to do with a client’s family, the assets to be inherited, and ultimately their aging, health, and even mortality.  So let’s add one more small resolution to help ourselves and our loved ones – establish or review your estate plan this year.   It’s a simple phone call to us, and we’ll help take care of the rest.  This will help you organize your life and finances and give you peace of mind knowing that you’ve provided for your loved ones and made their lives simpler.

February 1st marks the beginning of Black History Month. In honor of this month-long celebration, Tully Law Group has gathered a list of events happening around Long Island.  

Black History Month Self-Guided Hike, Adult Program at Sunken Meadow State Park Lot 3 

Sunday, February 5th, 2023 

1pm-3pm 

$4 Admission 

Black History Month: Planet Explorers - Family Program at Sunken Meadow State Park Lot 3 

Sunday, February 5th, 2023 

1: 30 pm 

($4 entry fee)

Black History Month Celebration at Westbury High School 

Saturday, February 11th, 2023 

3pm-5pm 

The event is free but you can reserve your spot below. 

Black History Month: Art by Basquiat (12+) at Connetquot River State Park Preserve 

Saturday, February 11th, 2023 

10:00 am 

($4 entry fee) 

Exhibit Reception & Black History: Whaleboat Chat The Whaling Museum & Education Center in Cold Spring Harbor 

Wednesday, February 15th, 2023 

6pm 

Learn about “African American mariners in whaling history”. This event is free but you can reserve your spot below. 

Black History Month: Superheroes at the Hampton Library for ages 5-7 

Saturday, February 18th, 2023 

1:30pm-3:30pm 

"Songs That Brought Us Through" Black History Month Concert

Saturday, February 11th, 2023 

3 PM-5 PM 

($10 entry fee)

Pioneers in Science @ Connetquot River State Park Preserve 

Friday, February 24, 2023  

10:00 AM - 11:30 AM 

February is National Senior Independence Month! In the aging community, losing your independence is a common fear. The loss of independence can result in reduced self-worth and respect, which makes it crucial to help aging individuals maintain as much control over their lives as possible. This month celebrates the independence our senior community deserves and the necessary resources that help make this happen. 

In honor of National Senior Independence Month, Managing Partner Brian Andrew Tully, Esq. hosted a webinar as a part of Tully Law Group's monthly Senior Advocacy Forum, this one titled “The Top Ways to Maintain Senior Independence.” Brian was joined by three panelists: Stuart B. Almer from Gurwin Healthcare Sytems, Don Belcher from 101 Mobility, and Jim Day, CDI from Fitzgeralds Driving School. The topics were focused on helping seniors live more independently based on their lifestyle, abilities, and personal preferences.

For more details on the webinar, see below:  

Title: Senior Advocacy Forum: The Top Ways to Maintain Senior Independence

Date & Time: Thursday, Feb. 9th at 1 PM 

Moderator: Brian Andrew Tully, Esq. 

Panelists: Stuart B. Almer from Gurwin Healthcare Sytems, Don Belcher from 101 Mobility, and Jim Day, CDI from Fitzgeralds Driving School  

Tully Law Group is proud to announce that managing partner & founder Brian Andrew Tully has been elected President of the Life Care Planning Law Firm Association (LCPLFA). Brian has been an active member of the LCPLAFA since 2009. During this time, he served on the Board of Directors twice. Most recently, Brian was the Chair of the Strategic Planning Committee. 

The LCPLFA is the first and only association that empowers law firms focused on the growing field of elder care. This national network is renowned for its holistic practice in offering care coordination, advocacy services, and other legal services. With a primary focus on advocating for quality elder care, they also raise public awareness about the financial, physical, and legal implications that come with the process of aging. 

Congratulations, Brian! We wish you well in this new venture.

MELVILLE, NEW YORK, JANUARY 11th, 2023: Tully Law Group, P.C. is proud to announce the addition of three new partners to the firm. This news represents Tully Law Group’s expansion within the Long Island marketplace to provide legal services focusing on Elder Care & Estate Planning. 

The new partners are a combination of one attorney promotion within the firm, Amy N. Latuga, and two new attorneys who commenced their tenure this month, Joanne M. Hawthorne and Robert M. D’Angelillo.  

Amy N. Latuga – Amy has been promoted to Partner and has been a valued attorney at Tully Law Group since 2013. She has been serving clients of the firm as Senior Associate and Director of Planning within the firm.  She represents clients in the areas of estate planning, Medicaid eligibility, asset protection and special needs planning. Her tenure with the firm has proven to be successful and has earned her great respect from the firm’s clients and colleagues.    

Joanne M. Hawthorne - Joanne has joined Tully Law Group as a Partner in our Riverhead office. For over 20 years Joanne has been practicing law focusing on Estate Planning, Probate and Guardianship. She has been selected by the prestigious New York Metro Super Lawyers and named to their Estate Planning and Probate lists since 2020.

Robert M. D’Angelillo - Robert joined the firm as a Partner in our Melville office. Robert has been practicing Trusts & Estates and Elder Law for 30 years. Throughout his career, Robert has conducted informational estate planning and elder care seminars for community groups, assisted living facilities, veteran clinics and special needs organizations, providing guidance to help families protect the most assets and obtain the best care possible. 

“Naming these three outstanding lawyers as partners is a great honor for me and Tully Law Group” said Brian A. Tully, managing partner and founder. “They all have impressive careers that help strengthen the firm’s reputation of providing exceptional legal counsel within the Elder Law and Trusts & Estates practice areas.”

The start of a new year is the perfect time to focus on improving certain aspects of our lives for the better. With the last few years being a struggle for so many, it’s even more important than ever to create uplifting and helpful goals for 2023.

New Year’s resolutions don’t have to be complicated. In fact, the more attainable, the better! Focusing on your health and making daily tasks more manageable is an excellent place to start. Here are some of the best 2023 resolutions that seniors should consider and can start immediately. 

New Year’s Resolutions 2023 

Home 

Focus on organizing and decluttering your living space. An important resolution is increasing safety in your home by reducing hazards that may cause slips and falls. Installing handrails and additional lighting can help for more clear paths of movement and reduce the chance of injury.

Finances 

It is essential to have your finances organized. Knowing which financial institutions have your accounts, the balances, types of accounts, titles and who the primary and contingent beneficiaries will add to your financial security and peace of mind.  Adequately managing and allocating your finances can reduce unnecessary stress for seniors. 

Asset Protection 

Inquire with loved ones and a trusted attorney on how to protect your assets. Asset protection can possibly include a modified Power of Attorney and Trusts.  Also, be aware financial abuse by others and of potential scams when surfing the internet, checking emails, and receiving phone calls. 

Health 

Check in with your healthcare provider and keep up to date on appointments, required doctor’s visits and tests. It is also very helpful to create an inventory of all current prescriptions and dosages that you may be taking. This can ensure your safety as your health is monitored and medications are changed.

Wellness 

Take time to ensure you replenish your mind and body with seven to nine hours of sleep. Increase your activity by taking a walk and nourish your health by drinking water and eating foods rich in nutrients to help boost your immune system.

Social   

Increase socialization among others in your age group. Join new clubs and activities in your local community to make new friends. As you welcome in the New Year, try a new hobby to engage your mind!

Relationships  

Focus on strengthening bonds with family members and loved ones. Spend time with the ones who mean the most to you and that you cherish as your support system. 

Keep Your Resolutions Simple

Don’t overcomplicate your New Year’s resolutions. As long as your goals focus on positive aspects in your life, you’re already on the right track. Keep your resolutions simple and good luck in 2023! 

Tully Law Group, PC Elder Care & Estate Planning Attorneys

As elder care and estate planning attorneys, you’d be amazed at how often our client conversations revolve around a client’s health, finances and relationships.  In fact, that’s what estate planning is all about.  Helping a client establish a Will or a Trust has everything to do with a client’s family, the assets to be inherited and ultimately their aging, health and mortality.  So let’s add one more small resolution to help ourselves and our loved ones – establish or review your estate plan this year.   It’s a simple phone call to us and we’ll help take care of the rest.  This will not only help you organize your life and finances but it will also give you peace of mind knowing that you’ve provided for your loved ones and made their lives simpler.

Our Awards & Associations

Disclaimer: This is New York Attorney Advertising. This web site is designed for general information only. The information presented in this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome.

Copyright © 2022 – 2024 Tully Law Group, PC Powered By Gravimetric
homeenvelopephone-handsetcrossmenuchevron-downmenu-circle