Tanya Hobson-Williams, P.C. Defends Client’s Marriage to Husband who was declared an Incapacitated Person Resulting in Wife Inheriting $3 Million Dollar Estate

On September 24, 2014, the Supreme Court of the State of New York Appellate Division: Second Department reversed a lower court’s order annulling the marriage between a younger woman and an elderly man.  The Appellate Division determined that a new hearing on the man’s ability to enter into a marriage contract was warranted. Capacity, in a legal sense, refers to the ability to make a rational decision based upon all relevant facts and considerations.

The case involved an elderly man who was appointed a guardian by the New York Supreme Court to provide for his personal needs and property management. During the course of his guardianship, the elderly gentleman entered into a marriage with a younger woman. After being informed of the marriage, the guardian asked the Court to have a psychologist determine whether the elderly man had the capacity to enter into a marriage. After a hearing and testimony, the New York State Supreme Court determined that the elderly gentleman lacked the capacity to enter into a marriage, and, as a result, annulled the marriage.

On Appeal, attorney Tanya Hobson-Williams, representing the young woman, argued that her client was not given any notice that her marriage would be annulled and that she lacked the opportunity to be heard by the court before it ultimately decided to annul the marriage to her late husband. While the petition to appoint a Guardian for the elderly man requested a determination of the elderly gentleman’s capacity to handle his affairs, neither the Petitioner nor the Guardian ever requested that the marriage be annulled. Essentially, all that was formally requested of the court was to determine matters pertaining to the level of guardianship. Continue reading “Tanya Hobson-Williams, P.C. Defends Client’s Marriage to Husband who was declared an Incapacitated Person Resulting in Wife Inheriting $3 Million Dollar Estate”

Medicare’s Nursing Home Ratings Fail to Give Complete Depiction

A recent investigation into Medicare’s nursing home rating system by The New York Times revealed that the high rating of many top nursing homes, is based on incomplete information about the quality and conditions at the homes.

The report found that the 1-5 star medical rating system is largely based on self-reported data by the nursing homes that the government does not verify. The only data that is subject to review from outside agencies is the results from annual health inspections. As a result, other important measurements of nursing homes — such as staff levels and quality statistics, are mostly left to the nursing home to report to Medicare.

The investigation also revealed that the rating system fails to take into account other potentially negative information such as fines imposed by the state or enforcement sanctions from state agencies.

While federal officials maintain that the rating system can be improved, and that they are working to make it better, many individuals, including former nursing home employees, lawyers and patient advocacy groups, believe that these nursing homes have merely learned how to abuse the rating system. Continue reading “Medicare’s Nursing Home Ratings Fail to Give Complete Depiction”

Attorney General Focuses on Landlord-Tenant Harassment Claim

New York State Attorney General Eric Schneiderman has launched an investigation into the allegedly illegal tactics used to force rent-stabilized tenants out of their homes implemented by multi-million dollar landlord, Steven Croman.

According to reports, the Attorney General is investigating potential violations of city and state laws, including numerous infractions related to tenant harassment.

This week Schneiderman issued a “cease and desist” order to one of Cromans employees, ex-NYPD officer Anthony Falconite.  Tenants allege that Falconite, a private investigator, has engaged in a campaign of harassment and intimidation in an effort to force them out.

According to recounts by numerous tenants, Croman regularly files frivolous lawsuits, ignores repairs, and resorts to a number of unsavory tactics in an effort to remove current tenants so that he can rent units at much higher rates. Continue reading “Attorney General Focuses on Landlord-Tenant Harassment Claim”

Nursing Home Subject of State Investigation Amid Recent Death

The Office of the New York State Attorney General and the New York State Department of Health have recently commenced an investigation into the July 20th death of a 71-year-old female resident of a Medford nursing home.

According to sources, the deceased, who was housed in ventilator unit, suffered from acute and chronic respiratory failure and had lived on the unit for six years.

The deceased’s family alleges that the victim passed away because she was not attached to her ventilator. Specifically, they claim that the elderly victim died after her ventilator mechanically malfunctioned causing her to be unable to breath.  The family further alleges that the nursing home’s employees disregarded alarms alerting them that victim was not receiving sufficient oxygen.

This is the second death at the nursing home’s 40-bed ventilator unit, which is under investigation. In June of 2014, several Medford employees were charged with various crimes ranging from patient abuse and neglect to falsifying business records in connection to the death of a different resident in 2012. Continue reading “Nursing Home Subject of State Investigation Amid Recent Death”

Senior Housing FAQS: Distinguishing the Types of Senior Housing Communities

Deciding where and how to spend the latter days of your life can be a tough decision. Many wrongly assume that the lone alternative to their current living situation is a nursing home. This is simply not true. There are several residential alternatives for seniors considering a change of scenery.

Senior housing generally refers in to 3 categories of communities: Active-adult community, assisted-living communities, and continuing care retirement communities. So what’s the difference?

Continue reading “Senior Housing FAQS: Distinguishing the Types of Senior Housing Communities”

Federal Government Introduces New Efforts to Combat Elder Abuse

In an effort to combat elder abuse in the United States, the Obama Administration recently released a program outline titled “The Elder Justice Roadmap”.

The Elder Justice Roadmap will be used to develop strategic plans and provide guidance in tackling the highest priority challenges to elder abuse prevention and prosecution.

Aiming identify the most critical priorities in elder abuse issues, The Elder Justice Roadmap derives its content from the opinions of hundreds of experts and innovators from across the country.

Using this collective data, proponents of the initiative hope to develop strategies to raise public awareness about elder abuse, conduct research about the costs of elder abuse, develop better treatment options for victims, and inspire a more active involvement from the private sector. Continue reading “Federal Government Introduces New Efforts to Combat Elder Abuse”

Buyouts as a Method of Tenant Harassment

As New York City rent prices continue to increase, the demand for housing has made rent-controlled apartments an even more precious commodity. Indeed, many landlords seeking to earn a sizeable profit in the current sellers’/renter’s market have engaged in “buying out” their tenants’ lease agreements.

In some situations, a buyout can effect a sizeable and worthwhile payout to both the landlord and the tenant. However, there has become an increasing trend of meager buyout offers to lower-income tenants. These paltry offers, if successful, have the potential to displace lower income individuals in the face of New York’s ever increasing rental prices. Furthermore, recent reports have suggested that these buyout offers have been used more as instruments of illegal tenant harassment than simple mutually-beneficial business propositions. Continue reading “Buyouts as a Method of Tenant Harassment”

Medicare Prescription Drug Abuse on the Rise

A recent examination of federal data conducted by USA Today has recently revealed that the number of U.S. senior citizens receiving narcotic painkillers and anti-anxiety medications under Medicare’s prescription drug program is sharply rising. Recreational drug use can still be classified under medication-related problems (MRPs).  Caregivers can play a key role in identifying and managing substance abuse issues, however, they may also be held liable if they fail to notice the signs of substance abuse.

According to the data collected between, 2007-2012, the number of senior patients receiving Medicare prescriptions for opioid-based pain medications has increased by more than 30 percent to upward of 8.5 million beneficiaries.

Specifically, the use of the most commonly abused painkillers, like hydrocodone and oxycodone, rose by more than 50 percent. The data also showed a significant increase of the personal supply of each narcotic provided to the average recipient rose about 15 percent over approximately three months. Continue reading “Medicare Prescription Drug Abuse on the Rise”

Special Needs Trust Can Provide Effective Financial Relief for the Disabled Elderly.

Federal and State law provides a number of programs to help a person with disabilities.  Such programs include. Security Income and Medicaid. Supplemental Security Income, or SSI, is a federal program that provides monthly cash payments to people in need. SSI is for individuals who are 65 or older, as well as for blind or disabled people of any age, including children.

However, to qualify for SSI and Medicaid an applicant must own less than $2,000 in assets. The value of your home does not count if you live in it. Usually, the value of your car does not count and the value of certain other resources, such as personal items or a burial plot, may not count either. Continue reading “Special Needs Trust Can Provide Effective Financial Relief for the Disabled Elderly.”

Bronx Landlord Accused of Race Discrimination

A Bronx landlord is accused of discriminating against prospective black tenants, telling them there are no vacancies available moments after telling white applicants that the building has open apartments. According to the lawsuit, secret recordings were made by undercover testers that allegedly revealed blatant discrimination by the landlord via hidden microphones.

The Fair Housing Justice filed the federal lawsuit against J.J.A. Holding Corp., a company accused of lying to prospective black tenants who were inquiring about two buildings in the Woodlawn section of the Bronx. In both cases, audio recordings catch rental agent Ray Brij-Raj telling the black candidates that there were no vacancies in the buildings right after he told white candidates there were, the suit alleges. Continue reading “Bronx Landlord Accused of Race Discrimination”

Testimonials

“I want to take this time to thank Tanya and Keith for their professionalism and their ability to keep me calm during this process. Tanya was very helpful in explaining the whole guardianship process and my next steps. Despite my numerous emails, I never felt ignored or that they were growing weary of me. Even after being granted guardianship when I had an issue with the bank releasing money Tanya stayed calm and found a way to get what I was entitled to. I hope I never need to do this again but if I do, I will definitely come back to Tanya and her team. Thank you Thank you Thank you. Love from Bermuda.”

-K. Durham.
(An attorney in Bermuda transferring a Bermudian guardianship to NY)

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