If you rely on the Consumer Directed Personal Assistance Program (CDPAP) in New York, you may have heard about some big changes coming soon. Starting in March 2025, CDPAP consumers and their personal assistants (PAs) will need to transition to a new system with Public Partnership LLC (PPL), the statewide fiscal intermediary. We understand that these changes can feel overwhelming, especially if you’ve been comfortable with the current system. We’re here to help you navigate this transition so you’re fully prepared before the deadline. Here’s what you need to know, step by step. What Is CDPAP and Why Does It Matter? The Consumer Directed Personal Assistance Program (CDPAP) is a Medicaid program that helps people with disabilities, chronic illnesses, or other long-term health conditions get the care they need at home. Instead of using agency-provided caregivers, CDPAP lets you hire your own personal assistants (PAs): whether that’s a family member,...
On March 26th, 2025, we celebrate Little Red Wagon Day, a day dedicated to the iconic red wagon, a symbol of childhood memories, imagination, and the power of passing down treasured items through generations. Just like a red wagon carries toys, books, or even a child’s dreams, estate planning is about carrying your life’s most valuable treasures forward: your legacy, your wishes, and your assets. At Estate Planning Law Center (EPLC), we believe that just as the little red wagon is passed down from one generation to the next, your legacy deserves to be protected and passed down in a legally sound and thoughtful way. Let’s explore how Little Red Wagon Day can inspire us to reflect on what we want to leave behind—and how estate planning can ensure it’s protected. The Legacy of the Little Red Wagon The Original Little Red Wagon, designed in 1917 by Antonio Pasin,...
Paul was a devoted father of three who always intended to write a will—but life got in the way. When he suddenly passed away, his family was shocked to learn that without a valid will, New York State law would dictate how his assets were distributed. Instead of Paul’s children receiving their inheritance smoothly, his estate went through probate, a lengthy and expensive court process. His family home, which he intended to leave to his eldest daughter, was instead divided among his children, causing disputes. His bank accounts were frozen for months, and his minor child’s inheritance was placed under court supervision. If Paul had created a will, everything would have gone according to his wishes—not the state’s. What Happens When You Die Without a Will? In New York, if you die without a will (intestate), the state determines who inherits your assets based on a strict legal formula. Here’s...
When James’s mother, Ellen, was diagnosed with Alzheimer’s, their family assumed they could make medical decisions for her as needed. They had heard about healthcare proxies before but figured they weren’t necessary. “We’ll just tell the doctors what she would have wanted,” James thought. But when Ellen could no longer communicate her wishes, the family found themselves in a heartbreaking situation. Disagreements arose over what kind of care she should receive. Her doctors couldn’t act without legal authority, and the family had no choice but to go through the court system to obtain guardianship. The emotional toll was overwhelming, and they wished they had taken steps earlier to legally document Ellen’s healthcare wishes. Many families find themselves in similar situations because they fall for common myths about healthcare proxies. Let’s set the record straight. Myth #1: “I Don’t Need a Healthcare Proxy Unless I’m Old or Sick” Accidents and medical...
When Margaret’s husband, Tom, suffered a severe stroke at 68, she assumed she would automatically have the authority to manage their finances and make medical decisions on his behalf. They had been married for over 40 years, after all. But when Margaret tried to access his bank account, the bank refused to give her control. The bank told her that without a Power of Attorney (POA), she had no legal authority to act on his behalf. Similarly, when she attempted to discuss Tom’s care with his doctors, they told her that without a Health Care Proxy (HCP), she had no legal authority to make medical decisions on his behalf. Margaret was devastated. To gain control over their finances and make medical decisions for Tom, she had to go through the lengthy and expensive process of petitioning for guardianship—a situation that could have been completely avoided if they had put...
Maria had always admired her grandmother’s quilt, but it wasn’t until she inherited it that she truly understood its significance. Inside the folds of fabric, she found a handwritten note detailing the stories behind each square. One square was from her great-grandfather’s army uniform; another was made from her grandmother’s wedding dress. The quilt wasn’t just an heirloom—it was a family history, stitched together with love. At The Estate Planning Law Center, we believe estate planning isn’t just about passing down assets. It’s about preserving your family’s identity and values. Legacy planning ensures the stories, traditions, and lessons that define your family endure for generations. Maria’s story highlights how small acts of preservation can have a lasting impact. She began recording her family’s stories, sitting down with relatives to capture moments that shaped their history. With time, she created a treasure trove of memories—stories about resilience, love, and the values...
If you or a loved one are in need of assistance with daily living and are considering applying for Medicaid home care in New York, the latest update to the 30-month lookback rule is something you can’t afford to ignore. While the lookback period was originally set to take effect in 2021 and has faced multiple delays, it is now expected to be implemented in March 2025 or possibly could delay again. This means that for the time being, applicants can still qualify for Medicaid home care without the added hurdle of providing financial records for the past 30 months. But once this rule is in place, it will drastically impact eligibility, making now the time to act. What’s Happening with the Medicaid Lookback Rule? New York has long had a five-year lookback period for Medicaid nursing home care, requiring applicants to disclose financial transactions from the past 60 months...
When Tom passed away, his family quickly learned that his will wasn’t enough. What followed was a year of probate—an emotionally and financially draining process that left his children bitter and fractured. Despite Tom’s best intentions, court fees piled up, disputes over sentimental items escalated, and cherished family memories were overshadowed by resentment. Probate is a court-supervised process designed to settle an estate, but for many families, it feels more like a punishment. It’s public, lengthy, and expensive, with fees in New York State often eating up anywhere from 5%-20% of the estate’s value. For Tom’s family, it was a stark reminder that a will alone isn’t enough to prevent complications. Contrast this with Sarah’s story. Sarah had taken a proactive approach by working with The Estate Planning Law Center to create a revocable living trust. When Sarah passed, her assets bypassed probate entirely. Her successor trustee handled everything seamlessly—distributing...
Jenny loved being a mom. Raising her son Michael, who had special needs, brought her immense joy—but it also came with challenges. Jenny was Michael’s biggest advocate, navigating a maze of therapies and education plans to ensure he thrived. But one night, while watching Michael peacefully sleep, a thought struck her with a terrifying weight: “What happens to Michael if I’m not here?” Jenny couldn’t shake the question, and she knew she needed a plan. That’s when she turned to The Estate Planning Law Center, where she discovered the power of Special Needs Trusts (SNTs). These legal tools are more than just financial strategies—they’re lifelines for families like Jenny’s. An SNT allows families to provide for their loved ones with disabilities without jeopardizing access to critical government benefits like Medicaid and Supplemental Security Income (SSI). During her consultation, Jenny learned that simply leaving an inheritance to Michael could do more...
Estate planning isn’t just about dividing assets—it’s about creating a legacy that reflects your values and priorities. At The Estate Planning Law Center, we believe your estate plan should grow and evolve as your life does. Take Lisa, for example. When she first created her estate plan 25 years ago, her main focus was naming guardians for her children and splitting assets equally. But now, her life looks very different. She’s a grandmother, has grown her investments, and wants to support causes she cares deeply about. When Lisa came to The Estate Planning Law Center, we worked with her to update her plan. Together, we: Created a trust for her grandchildren to fund their education. Designed a charitable giving plan to honor her passion for environmental conservation. Developed a business succession plan to ensure her family business would continue to thrive. Your estate plan is a reflection of your life....
You’ve worked hard to build financial security for yourself and your family. But financial wellness doesn’t stop at saving and investing—it requires protecting what you’ve built. At The Estate Planning Law Center, we’ve seen families with strong financial strategies face significant challenges because they lacked an estate plan. Take David and Sarah, for example. They owned their home outright, had robust savings, and even set aside money for their grandchildren’s education. But when David passed away unexpectedly, Sarah discovered their financial stability wasn’t as secure as they thought. The house had to go through probate because it wasn’t in a trust. Their accounts didn’t have updated beneficiaries, leading to delays and disputes. Without a healthcare directive, Sarah faced difficult decisions without knowing David’s wishes. After working with The Estate Planning Law Center, Sarah regained control of her financial future. We helped her create a trust, update her powers of attorney,...
Every new year brings an opportunity for a fresh start. While many people focus on resolutions like eating healthier or saving money, one resolution that can make a lasting difference is updating or creating an estate plan. At The Estate Planning Law Center, we’ve seen firsthand how an outdated plan can cause more harm than good. Take the case of John and Carol. They created their estate plan over 20 years ago when their children were young, and their assets were minimal. But life changed—new properties, grandchildren, and shifting family dynamics. When John passed away last year, Carol discovered their outdated plan created unnecessary complications: The vacation home they purchased wasn’t included in their trust, so it went through probate. Their adult children weren’t properly listed in their documents, creating confusion over asset distribution. No updated healthcare directives meant Carol had to petition the court for decision-making authority. By contrast,...
As a new year begins, it’s natural to reflect on where you’ve been and what you want to achieve in the future. For many New Hartford families, estate planning becomes a priority at this time—a way to honor the past while protecting their loved ones moving forward. At The Estate Planning Law Center, we help clients create plans that align with their goals, values, and family needs. Take the story of Claire, who came to us after losing her father. Claire was overwhelmed by the lack of planning her father had done and was determined to make sure her own children wouldn’t face the same challenges. Together, we created an estate plan that reflected her priorities, included support for a local charity her father loved, and provided clear instructions for her family’s future. For Claire, estate planning wasn’t just about paperwork—it was about creating a legacy of love, clarity, and...
As the end of the year approaches, New Hartford families are busy checking off to-do lists and preparing for the winter ahead. While holiday shopping and snow shoveling might top your list, don’t forget about one of the most important tasks: reviewing your estate plan. At The Estate Planning Law Center, we encourage you to use this time to ensure your plan is ready for the year ahead. One of our clients, Mike, came to us last December with a simple goal: to ensure his family wouldn’t face uncertainty if something unexpected happened. Together, we updated his will, set up a trust for his grandchildren, and reviewed his healthcare directives. Mike said it felt like “checking off the biggest box of all.” How to Prepare Your Estate Plan for the New Year: Review Your Core Documents Make sure your will, trusts, and powers of attorney reflect your current life circumstances....
The holidays in New Hartford are a special time—filled with snow-covered streets, warm family gatherings, and the search for the perfect gift. But what if the best gift wasn’t wrapped in shiny paper? At The Estate Planning Law Center, we believe that estate planning is the ultimate gift for your loved ones. It’s a way to protect their future, honor your legacy, and provide peace of mind that lasts long after the holiday season. Consider the story of Tom and Susan, a couple who came to us last December after a particularly challenging year. They had spent decades building their life together but realized they didn’t have a plan in place to protect it. By creating a comprehensive estate plan, Tom and Susan ensured their children wouldn’t face uncertainty or stress in the future. They also included provisions to support local charities they cared about, reflecting their values in their...
