Guardianship comes in various forms, each designed to cater to different needs. Your guardianship attorney can explain these types, including:
The suitable type largely depends on the ward's situation and needs.
Although both tools enable someone to make decisions on behalf of another, they're quite different. Guardianship often involves court proceedings, with the judge defining the guardian's responsibilities. In contrast, power of attorney is a voluntary legal document where one person gives another the authority to make certain decisions for them. Your guardianship attorney can discuss these differences in greater depth.
Appointing a guardian involves several key steps:
Guardians are tasked with the ward's wellbeing, and their responsibilities might include:
Your attorney can provide more details based on the type of guardianship.
Yes, a guardian can be replaced or removed, usually by showing the court that the guardian isn't acting in the ward's best interests, or that someone else is more suitable. Your guardianship attorney can guide you through this potentially complex process.
Even under guardianship, a ward retains certain rights such as the right to be treated with respect, the right to privacy, and the right to have their preferences considered. The specific rights retained can differ based on jurisdiction and guardianship type.
The duration of the guardianship process can vary based on factors like the case's complexity, the court's schedule, and whether the guardianship is contested. A more precise estimate can be provided by your attorney.
If a ward disagrees with the guardianship, they have the right to contest it in court. They can also request a different guardian or ask for the guardianship to be terminated if they can prove their ability to make their own decisions. Your guardianship attorney can guide you through this process if it arises.
Sometimes, the ward's estate may be used to cover legal fees associated with the guardianship process, but this varies depending on local laws and case specifics. Always consult your guardianship attorney about potential costs and who will bear them.
Depending on the situation, alternatives to guardianship may be more suitable. These could include power of attorney, conservatorship, or a trust. Discuss these options with your attorney to understand their pros and cons.
Embarking on a divorce process can be overwhelming, but having a reliable Staten Island divorce lawyer by your side can make a world of difference. The first consultation is a crucial step, setting the tone for your relationship with your attorney and the strategic direction your case will take.
Before your consultation, it's important to gather relevant documentation to help your lawyer understand your situation. This may include financial records, marriage certificates, or any prenuptial agreements. Additionally, prepare a list of questions to ask your lawyer to make the most of your consultation time.
During the consultation, your lawyer will discuss your situation, your goals, and the legal options available to you. This conversation is not only about providing information but also about establishing a relationship based on trust and open communication. Be prepared to share personal details as they may significantly influence your case strategy.
In your first consultation, you can expect to gain insights into your legal standing, your rights, and potential strategies. Your Staten Island divorce lawyer will help you understand relevant divorce laws in New York and suggest next steps in the process. This initial advice can be invaluable in shaping your decision-making moving forward.
It's important to ask specific questions during your consultation to gauge your lawyer's expertise and approach. Here are some key questions you should consider:
These questions can help you decide if this attorney is the right fit for your needs.
After the consultation, take some time to reflect on the meeting. Consider whether you felt comfortable discussing your situation, whether your questions were answered satisfactorily, and if you're confident in the lawyer's abilities. These factors are crucial in determining whether you wish to proceed with this particular lawyer.
The first consultation with your divorce lawyer sets the groundwork for your case and can significantly influence its outcome. By preparing adequately, asking the right questions, and reflecting on the process, you can ensure that you make the most of this crucial initial interaction.
If you're facing a divorce and need legal support, don't hesitate to reach out to a dedicated Staten Island divorce lawyer. This crucial first step could make all the difference in navigating your divorce with confidence and clarity.
Elder abuse in nursing homes is a serious concern that demands professional intervention. To protect the rights and dignity of your loved ones, the assistance of a nursing home abuse lawyer can prove invaluable. Let's delve deeper into five reasons why you may need to enlist their help.
A lawyer who specializes in nursing home abuse is well-versed in the legal rights of elders residing in nursing homes. If you're like most people, these laws may seem intricate and daunting. An experienced attorney can demystify these laws for you, explaining in simple terms what rights your loved one has and how these can be protected.
Uncovering the truth behind nursing home abuse allegations can be a monumental task. Signs of abuse might be elusive, and in some cases, the victim might be unable to recount their experiences due to physical or mental health conditions. This is where a nursing home abuse lawyer comes in.
These attorneys are trained to collect, analyze, and present evidence effectively. They can call upon medical experts to testify, subpoena nursing home records, and interview staff and residents. Their experience can turn the tide in a difficult-to-prove case.
Insurance companies are often implicated in nursing home abuse cases. They typically have experienced lawyers whose primary aim is to minimize payouts. Here, a lawyer is your best line of defense.
Your attorney will act as your champion, dealing with insurance companies on your behalf. They'll negotiate skillfully, aiming to secure the maximum possible compensation for the victim.
Quantifying the impact of abuse is no simple task. It's not just about physical injuries - emotional suffering and psychological trauma must be taken into account. Your lawyer can conduct a comprehensive assessment of these damages.
Your attorney can consult with medical professionals to understand the full extent of the physical harm, and engage psychologists to shed light on the emotional damage. By accounting for all these factors, they ensure the victim is appropriately compensated.
If your case progresses to trial, your lawyer is your greatest ally. They'll represent your loved one, making sure their story is heard and their rights are upheld.
Your attorney will build a compelling case, questioning witnesses and challenging any counter-arguments. Their deep knowledge of nursing home abuse laws will ensure they're ready for whatever comes their way.
In sum, a nursing home abuse lawyer is an essential companion when faced with suspected elder abuse. Their specialized knowledge, skill set, and dedication can help secure justice and compensation, making a meaningful difference to the lives of victims and their families.
Legal systems can often be a winding labyrinth, especially when tracking and managing court cases is part of your daily routine. However, no more worries! Whether you're an attorney, a legal researcher, or an individual keen on understanding the workings of the Civil Supreme Court in New York State, your perfect ally is here: the WebCivil Supreme system.
WebCivil Supreme is an online treasure chest brimming with extensive information on both Active and Disposed Civil Supreme Court cases across all 62 counties of New York State. A brainchild of the New York Unified Court System, this platform stands tall as a beacon of transparency, accessibility, and streamlined case tracking for all interested individuals.
So, how does it work? Well, you can delve into case details using a multitude of search parameters - Index Number, Party Name, Attorney/Firm Name, or Justice. Furthermore, it allows you to sketch out calendars for a specific Attorney/Firm or by Justice or Part. This feature proves instrumental in strategic planning and efficient management.
Gaining access to legal information is a cornerstone for safeguarding justice and executing effective legal representation. Below, let's explore some compelling reasons that make WebCivil Supreme an essential resource:
1. A Wealth of Data: As a user, you enjoy the privilege of accessing data on all Civil Supreme Court cases, active and disposed, spanning all of New York State's 62 counties. Consequently, this single, comprehensive source of court case information is indeed an impressive feat.
2. User-Friendly Experience: Gone are the days of rifling through mountains of paperwork or battling with different systems for each county. Thanks to WebCivil Supreme's user-friendly interface, you can find all you need in one place, just a few clicks away.
3. Time-Saving Companion: It acknowledges the preciousness of time in the legal profession. It facilitates users to generate calendars for specific attorneys or justices, enabling busy professionals to manage their schedules efficiently.
4. Open for All: Last but not least, it promotes transparency by ensuring court case information is always within reach for those who need it. This allows all parties involved in a case, and even the general public, to stay informed.
1. Empowered Legal Research: For legal professionals, the system acts as a robust tool to research precedents, study the performance of a particular judge or firm, or extract insights into the legal dynamics of specific counties.
2. Optimized Case Management: Law practitioners find in it a reliable partner to monitor their cases, stay abreast of competition, or keep a close watch on the status of cases of interest.
3. Inclusive Access for All: For those not armed with a legal background, it serves as a gateway into the court system, enabling them to follow cases that intrigue or impact them or even gain insights into how the legal machinery operates.
WebCivil Supreme skilfully navigates several common hurdles encountered in the legal sector:
1. Deciphering the Labyrinth: The legal world often appears as an enigmatic maze. By aggregating data from all counties of New York State under one platform, it simplifies the process of finding and tracking cases.
2. Tracking Made Easy: For extensive law firms or bustling attorneys, keeping a tab on ongoing cases can pose a challenge. Here, WebCivil Supreme comes to the rescue, making it easy and convenient to stay updated.
3. Breaking Down Barriers: Legal information, to a layman, can often be intimidating. WebCivil Supreme levels the playing field by making this information accessible online, ushering in a wave of transparency and accessibility.
In conclusion, WebCivil Supreme stands as a robust tool for anyone interested in the Civil Supreme Court proceedings in New York State. Be it seasoned attorneys, budding law students, or individuals curious about a particular case, it serves as an invaluable resource that demystifies the intricate world of law. This platform transcends mere provision of information; it pioneers transparency, fuels understanding, and ultimately, contributes towards administering justice.
Delving into the captivating world of legal terminology, the phrase "of sound mind and body" undoubtedly emerges as a key player. Frequently, individuals grapple with the intricate "sound mind meaning." This article is specifically designed to guide you towards a comprehensive understanding of this term, its implications in legal procedures, and particularly, its relevance in estate planning.
In general terms, being "of sound mind" reflects an individual's mental capacity to comprehend their surroundings and make significant decisions that directly impact themselves and their family.
Being of sound mind implies the following:
Notably, the question of whether a person was of sound mind at the time they created their will often arises when someone contests the will. Establishing that the deceased was not of sound mind can indeed be a complex challenge.
In contrast, 'non compos mentis' serves as the legal term that signifies a state of not being of sound mind. Before drafting a power of attorney or a will, a lawyer typically requires a written confirmation from a doctor, indicating that a person is non compos mentis.
Non compos mentis is frequently implicated in situations such as:
Accepting that a loved one is no longer of sound mind is a difficult and daunting reality for any family. However, if you suspect a family member is non compos mentis, there are proactive steps you can take:
Facing the reality that a loved one is no longer of sound mind is a heart-wrenching experience. Given that wills and estates can be modified at any time, it underscores the urgency of securing legal help for a family member who is not of sound mind. At their most vulnerable, a proficient attorney can offer invaluable protection, preventing potential exploitation of your family member.
We live in a dynamic world where trends are bound to rise and fall. When we talk about financial trends, people envision the stock market or perhaps their investment portfolio. For estate planning attorneys, the goal is always to maximize assets that are passed on to their heirs. If you’re curious to learn about these emerging financial trends, by all means, read on.
Most people are wondering if there will be a change to the federal estate and gift tax exemption in 2021, and it all depends on the administration of the new government. However, it seems a couple of other things are taking the spotlight, like beating the pandemic, tackling unemployment and economic recovery. We’re hopeful and will keep monitoring for any development. But an ideal change could potentially be deferred until 2022.
One of the impacts of COVID-19 was crippling the economy, and it is uncertain when the economy might pick up again. However, many are afraid that this might lead to tax revenue being raised. Many expect Connecticut to dip its hands into a "rainy day" fund to offset some deficits incurred by the pandemic.
According to a recent report by the Connecticut Office of Legislative Research, they are likely to consider some proposals that could replace the revenue lost, and one of these proposals could include postponing or the reversal of tax policy. For the moment, there is no recorded change yet.
Another financial trend that could affect estate planning is the ongoing low interest rate. Some economists are speculating inflationary pressure. However, there is no empirical proof that shows that the interest rate will rise in 2021. It presents estate planning opportunities to taxpayers, and this trend is most likely to proceed till 2022.
To families who have their properties in several states, federal estate planning will no longer be an option. It is because state estate and inheritance taxes are now entering the spotlight. In some states in the US, the exemption is as slow as $1 million, while state estate rates are over 16%. If you think about it, a $10 million estate will pay no dime to any federal estate taxes, but pay over $1.44 million to state estate taxes.
Every year, trends are what we look for to better prepare for the inevitable. If you’re yet to update your estate plan, you should hire an experienced attorney. They will help you consider the current trend and analyze opportunities that you can leverage. If that sounds good, take a minute to give us a call 718-667-1301 or fill the contact form.
You never want to think about a tenant dying in your building. However, knowing how to handle the disposition of housing of the deceased can make things easier for you and your tenant’s family during this challenging time. It can also save you any confusion when it comes to legal matters.
As a landlord, you have an agreement with your tenants that covers your responsibilities and theirs. That lease should include any action taken in the event of their death.
Unless the deceased has an executor or administrator of their estate, no one can legally claim or dispose of their personal items. Therefore, the responsibility can fall to you as the landlord.
Eventually, you must either terminate the deceased tenant’s lease or let it expire. Without an estate administrator or executor, no one can take possession of the apartment.
After three months, you, as the landlord, can take measures to evict the deceased tenant. You must serve the notice of eviction to one of the following people as they are related to the tenant, in this order and as available:
As of September 2019, lawmakers introduced Senate Bill S6714. While this bill is still in committee, it would allow executors and administrators to terminate the lease if passed.
Sometimes, the tenant will not have any surviving relatives, or even a will stating who should take possession of their home after they die. At this point, the Public Administrator can help you determine the best course of action.
When a tenant dies, you may need the help of an experienced Staten Island real estate lawyer. At DDC Law, our attorneys know how to navigate cases involving deceased tenants with compassion. Call us today at 718-667-1301 or contact us online to schedule a consultation.
Illegal Acts and Evictions in New York State
Whether a tenant is not paying rent or violating their lease, there are certain guidelines landlords must adhere to when evicting them in New York State.
Currently, the COVID-19 pandemic has changed the way landlords must respond to tenants who might, under other circumstances, be evicted. Now, it is especially important to ensure that landlords do not commit illegal acts when it comes to evictions in New York State.
When is Eviction Illegal in New York State?
Under normal circumstances, landlords cannot evict tenants without valid reason. There are certain situations where you may have a defense against your landlord if they serve you an eviction notice.
Self-help actions, like turning off utilities or changing the locks
Failing to give proper notice for an eviction
Tenant has paid rent when the landlord claims they have not
Tenant refused to pay rent because the landlord did not maintain the unit
Landlord fails to give the tenant ten days’ notice to fix lease violations
Landlord evicts the tenant based on discrimination
How Does the COVID-19 Pandemic Affect Eviction Laws?
While the COVID-19 pandemic is happening, landlords should not be evicting tenants. According to Governor Cuomo’s executive order, the courts cannot begin cases that would lead to landlords serving eviction notices.
While landlords may still be able to raise your rent, they must give you notice if they plan to raise it more than 5 percent.
Landlords and tenants should come to an agreement if their lease is expiring, too. While this would normally be the best time to leave your apartment if you were thinking about it, moving right now may put you at risk for coronavirus exposure. It might be best to negotiate a month-to-month lease, leaving you open to moving once the pandemic is successfully contained.
What Can You Do if You are Illegally Evicted?
If you believe your landlord has committed an illegal act or eviction in New York State, contact us at DDC Law. Our experienced Staten Island attorneys can help you navigate your case and give you all the information you need about eviction laws. Call us at 718-667-1301 or contact us online for a consultation.
When you pay rent on your apartment, you have a right to livable conditions in your home, and coops are no exception. Whether the ceiling falls in your kitchen, there’s mold throughout the house, or you have excessive water damage or flooding, you need to know your rights when it comes to unlivable conditions in New York coops.
When you live in a coop apartment, things work differently than if you were renting from a landlord. In a coop situation, you own a share of the building you live in through a cooperative corporation.
You still don’t own your apartment, which makes the corporation something like a landlord, but with some discrepancies. You’re responsible for certain fees, which can include property taxes and maintenance fees, among other bills. What does that mean for the condition of your apartment?
Because the cooperative corporation is still the owner of the building—not you as the person who owns the shares—they are still responsible for its condition. You can find more details in the proprietary lease regarding who deals with what problems, but the cooperative corporation has a responsibility to keep living spaces livable.
Yes. The Warranty of Habitability is a law that pertains to leased living spaces, like apartments and condos. It states that any leased living space must be fit for human habitation and stay that way as long as someone resides in it.
There are no exceptions for coops in New York, which means that if your apartment becomes unlivable, the cooperative corporation is breaking the Warranty of Habitability law. If you have already notified the corporation of any damages and they have failed to fix them, you need the help of an attorney.
If your coop apartment has become unlivable, DDC Law Firm can help you file a claim against your cooperative corporation. Call us at 718-667-1301 or contact us online for a consultation.
Sales of Property and Status of Tenants in New York State
It’s a seller’s market here in New York. But for a landlord looking to unload a property, a problem
tenant can get in the way of a successful sale.
It’s important to know the steps to take, and the laws surrounding what you can (and can’t) do to get
tenacious tenants to leave.
With a fixed-term lease, unless you have a reason for asking your tenant to leave, you must wait until the
However, with month-to-month tenants, you must follow these timelines when giving notice:
You must give tenants sufficient notice, per the guidelines above, before you expect them to move out. Landlords cannot force their tenants to leave the property, and if you plan to terminate your tenant’s lease early, you must have a reason for it.
If your tenant fails to leave the premises, then you can file an eviction lawsuit, and a sheriff will remove
When showing a home while the tenant still lives there, you can’t knock on their door at the last minute
and demand to enter the space.
You must make sure you show the home at a reasonable time of day. You must also give at least 24
hours’ notice, so the tenant has time to make arrangements to leave the property.
DDC Law Firm has 60 years of experience with laws regarding sales of property and status of tenants in New York State. Our Staten Island real estate attorneys can help you understand your rights as a landlord.
Call us today at (718) 667-1301 or contact us online to request a consultation.