The amendment, which will go into effect on June 13, 2021, will change the existing rules in an attempt to simplify the form, which had become unwieldy and confusing to attorneys, banks and agents alike.
New York State Budget enacted by Governor Cuomo on April 3, 2020 will have a severe impact on Medicaid eligibility rules and requirements. Significantly, the implementation of the rules has been pushed forward from its prior designated start date of October 1, 2020 to April 1, 2021.
New York State Budget enacted by Governor Cuomo on April 3, 2020 will have a severe impact on Medicaid eligibility rules and requirements. Significantly, the implementation of the rules has been pushed forward from its prior designated start date of October 1, 2020 to April 1, 2021.
Given the Secure Act provisions, the Internal Revenue Service has suspended the Required Minimum Distributions on qualified retirement accounts for 2020. However, Medicaid in New York State exempts qualified retirement accounts in payout status from their eligibility determination.
As many of you are aware, the 2020-2021 (Fiscal Year 2021) New York State Budget enacted by Governor Cuomo on April 3, 2020 will have a severe impact on Medicaid eligibility rules and requirements.
Medicaid Changes Appear to be Scheduled to Take Effect on April 1, 2021: For New York State to maintain eligibility for federal relief under the March 18, 2020 “Families First Coronavirus Response Act”, which may provide more than $6 billion in additional federal health care funds to New York, the current New York Medicaid eligibility standards and procedures must not be made more restrictive than those in effect on January 1, 2020.
The 2020-2021 (Fiscal Year 2021) New York State Budget was enacted by Governor Cuomo on April 3, 2020, with a severe impact on Medicaid eligibility rules and requirements. Some of the most significant changes that may affect you or your loved ones.
On April 7, 2020, Governor Cuomo issued Executive Order 202.14, authorizing virtual witnessing of documents in New York State. The Governor’s Executive Order 202.07, issued March 19, 2020, had previously authorized virtual notarization. Together, these two Executive Orders provide planning opportunities we can navigate together while social distancing protocols remain in place.
Our office has implemented the policies mandated by the Governor’s March 18, 2020 Executive Order 202.6, requiring all attorneys and staff to work remotely.
We truly hope this letter finds you and your families well and healthy. We are writing to you at this time to provide some good planning tips and recommendations regarding your Advance Directives.
The Setting Every Community Up for Retirement Enhancement Act, known as the “SECURE ACT”, was signed into Federal Law on December 20, 2019. This law includes significant reforms you should be aware of that impact how retirement accounts are treated.
When dating your documents and signing your checks this year, do not use “20” as the year. Instead, write out the full four digits: “2020”.
Fern Finkel & Associates, PLLC
Elder Law, Estate Planning and Special Needs
*Disclaimer: The information contained on this website is provided only as general information and is not intended as legal advice, nor should it be used as a substitute for a complete review of your case by an experienced elder law attorney. All situations differ. By visiting this website, there is no attorney-client relationship established between you and Fern J. Finkel, or Fern Finkel & Associates, PLLC.
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The New Yorker staff writer reads a poem written for the holiday season.
Abby C. Zampardi has been with Finkel & Fernandez, LLP since 2015, assisting clients in the drafting of all advance directives and drafting petitions and motions for guardianship litigation.
Prior to becoming the associate attorney at Finkel & Fernandez, Abby worked in the Foreclosure Part of the Nassau County Supreme Court, specializing in preparing orders and other documentation to assist with the adjudication of foreclosure cases.
Abby received her Juris Doctor degree from The George Washington University School of Law in 2014 and is admitted to practice law in New York and New Jersey. She received her Bachelor of Arts and Bachelor of Science, summa cum laude, from Binghamton University in 2011.
Abby was a Notes Editor and the Technology Editor of the Public Contract Law Journal, a publication of The George Washington University Law School in conjunction with the Public Contract Law section of the American Bar Association.
Abby is a member of the New York State Bar Association and the Brooklyn Women’s Bar Association.
Fern J. Finkel, Esq. is a co-founding partner at Finkel & Fernandez, LLP, concentrating in elder law, estate planning, asset protection, benefits and guardianships. She has been in private practice since 1990. Fern brings a wealth of experience and compassion to her clients. She is known for her skillful analysis of financial and personal circumstances and for providing practical planning to enable seniors and disabled clients to remain independent through advance directives, asset protection, benefits planning and trusts.
Fern graduated with honors from New York University College of Business and Public Administration in 1981. She received her Juris Doctor Degree from Boston University School of Law in 1984. She has been recognized as a New York Super Lawyers selectee in the field of Elder Law in 2014, 2015, 2016, 2017, 2018 and 2019.
Fern has been selected by the Courts, as well as by family members, to serve as the appointed Guardian and/or Trustee for many individuals in need of personal needs and property management. She represents clients in all aspects of guardianship proceedings and has been appointed as Counsel and as Court Evaluator by the New York State Supreme Court in countless cases. She has helped thousands of seniors through her extensive community outreach and pro bono services on behalf of the indigent elderly of New York City. Fern spearheaded the Legal Education and Assistance Project, known as LEAP, at the Brooklyn Bar Association Volunteer Lawyers Project. LEAP’s mission is to train and support pro bono attorneys in providing community outreach and education on all aspects of advance planning to seniors, with the goal of maximizing their independence and ability to remain at home long term.
Fern is the Treasurer of the New York State Bar Association Elder Law and Special Needs Section, Vice President of the National Academy of Elder Law Attorneys (NAELA) New York Chapter, Chair of the Brooklyn Bar Association Foundation Law Committee, Co-Facilitator of the Working Model of Guardianship – WINGS (Working Interdisciplinary Network of Guardianship Stakeholders), a Founder of the Touro Center Aging and Longevity Institute Guardianship Certificate Program, a Special Master of the Appellate Division Second Department Mandatory Civil Appeals Mediation Program, and Vice Chair of the Brooklyn Bar Association Elder Law Committee. She served for years as a volunteer certified mediator with Safe Horizons for community disputes, PINS cases and custody matters, as well as with the United States District Court, Eastern District.
Fern lectures for various Bar Associations and Continuing Legal Education providers on topics including the Role of the Guardian, Role of the Court Evaluator, Role of the Attorney for the AIP, Advance Directives, Medicaid and Asset Protection, Aging in Place, Supplemental Needs Trusts and Guardianships. She is a mentor attorney at the Brooklyn Law School HELP (Helping Elders Through Litigation and Policy) Clinic, the Touro Law School Externship Program, and the New York Law School Elder Law Clinic. Fern serves on the Committees on Character and Fitness for the Second Judicial Department.
Fern has received numerous awards for her pro bono service including: Selection as a 2019 “Champions of Justice: Women in Leadership in Law and Administration of Justice” Honoree by the Brooklyn Daily Eagle the 2013 Brooklyn Bar Association Volunteer Lawyers Project Building Bridges Award, the 2013 Brooklyn Bar Association Distinguished Service Award, the 2009 Brooklyn Bar Association Distinguished Service Award, the 2004 Women’s Bar Association of the State of New York Hanna S. Cohn Pro Bono Award, the 2003 New York State Bar Association Pro Bono Award for the Second Judicial District, the 1999 Brooklyn Bar Association Volunteer Lawyers Project Pro Bono Award, the 1996 Brooklyn Bar Association Frieda S. Nisnewitz Award for Pro Bono Service, and an Award of Merit from the National Center for Missing and Exploited Children 1997.
Fern was previously an Associate Attorney at the law firm of Damashek, Godosky and Gentile, where she litigated medical malpractice and personal injury cases.The New Yorker staff writer reads a poem written for the holiday season.
Julie Stoil Fernandez, Esq. a co-founding partner of Finkel & Fernandez, LLP is a highly experienced attorney who has been fighting for the safety and welfare of seniors and persons with disabilities since 1993.
Before beginning her legal career, Julie worked as a counselor for homeless men and women and, later, ran a 500-bed emergency overnight shelter for homeless men, forging close bonds with those in need of protection. Seeking to have greater impact, Julie attended law school at Northeastern University and graduated in 1992.
Immediately following law school, Julie worked at Manhattan Psychiatric Center on Ward’s Island in New York City for Mental Hygiene Legal Service, Appellate Division First Judicial Department, representing psychiatric patients in mental hygiene law retention hearings and treatment over objection proceedings in state and private psychiatric hospitals. Her representation included children institutionalized on Ward’s Island, and insanity acquittees at Kirby Forensic Psychiatric Center.
Julie Stoil Fernandez, Esq., Partner and ShirleyNext, Ms. Stoil started a solo elder law practice in Park Slope, Brooklyn which she continued for 15 years, providing guardianship representation, mental health advocacy and estate probate and administration. She also has since 1993, been appointed by judges in the New York State Supreme Court in all counties in New York City as Court Evaluator in Guardianship proceedings and as a Guardian and Trustee for persons adjudicated incapacitated. In 2015, she co-founded Finkel and Fernandez with Fern J. Finkel.
Julie is skilled at analyzing issues which arise when a person’s legal capacity is in question. She is quick to grasp complex fact patterns and excels at predicting the likelihood of success of a case. She creatively addresses emergencies which often arise while litigants are waiting to be heard on a guardianship matter and effectively negotiates agreements between oppositional family members in contested cases. She is a fierce advocate for her clients and, when litigation is necessary, Julie brings her extensive experience and passion to the cause.
Julie has assisted thousands of clients – protecting housing benefits; individual liberties and patients’ rights in institutional settings and the community; and through litigation, advocacy and special needs planning. Julie also is certified as an Elder Law, Family and Divorce Mediator and offers mediation services to parties who seek workable solutions to conflicts without litigation – an often-preferred method when addressing issues of mental illness and treatment compliance.
Julie is Co-Chair of the New York State Bar Association’s Elder Law and Special Needs Section’s Mental Health Committee, the National Academy of Elder Law Attorneys (NAELA) and the Brooklyn Bar Association where she is a member of the Elder Law Committee. She has been selected as a Super Lawyer in both 2019 and 2020.
Both Fern and Julie serve as mentor attorneys to students from New York Law School’s Elder Law Clinic, Touro Law School’s Elder Law Externship Program and the Brooklyn Law School’s Helping Elders Through Litigation and Policy (HELP) Clinic.
Julie has written several elder law articles and she lectures in continuing legal education programs and in the community, providing guidance on using advance directives to help seniors age in place and retain independence.
Julie received her Bachelor of Arts degree from Hampshire College in Amherst, Massachusetts in 1985 and received her Juris Doctor degree in 1992 from Northeastern University School of Law. She was admitted to the New York State Bar in 1993.
The Brooklyn Bar Association hosted a Mental Hygiene Law Article 81 Training session in Brooklyn Heights.
The Brooklyn Bar Association held its final continuing legal education seminar before it takes a break for the summer on guardianship cases.
The Brooklyn Bar Association’s Elder Law Committee hosted a Continuing Legal Education (CLE) seminar titled “Article 81 Skills Workshop: Motions for Interim Relief” in Brooklyn Heights.
