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Steven A. Kass's Legal Cases (2)

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Guardianship

Matter of Kennedy

Jul 10, 2003

OUTCOME: Preserved Rights of Attorney-In-Fact

In this contested guardianship proceeding in which I represented the Cross-Petitioner, the Petitioner sought to have my client removed as attorney-in-fact under a Durable Power of Attorney and to be ap ... pointed as guardian of my client's mother. The Court held that it would be inappropriate to appoint a personal needs and property management guardian where a patient had a valid Health Care Proxy and Durable Power of Attorney.

Elder law

Matter of Gersten

Jul 21, 1997

OUTCOME: Medicaid Planning Approved.

The Federal government passed a law *42 USC 1320a-7b) criminalizing Medicaid Planning. Under an Article 81 Guardianship Proceeding, I successfully petitioned and argued that such planning to protect as ... sets be granted provided that the applicant retains sufficient funds to privately pay for care during any transfer penalty.