Kutzin Wins Appeal on Guardianship Matter Involving Efforts to Reduce a Personal Needs Guardian’s Powers and to Reinstate a Health Care Proxy

Lawyers at McCarthy Fingar are often sought out by courts or other attorneys to handle the most difficult guardianship cases. In Matter of AMH, 2022 N.Y. Slip Op. 00968 (1^st Dep’t 2022), Michael S. Kutzin, a partner of the firm whose areas of concentration include guardianship and trusts & estates, was appointed as litigation counsel by the lower court to spearhead AMH’s efforts to reduce her Personal Needs Guardian’s powers and to reinstate the health care proxy that AMH had given in 2015 to her daughter (a physician). The disgruntled son of nonagenarian AMH, who had not seen his mother for more than 4 years, opposed the relief sought by Mr. Kutzin. After multiple motions and a four-day hearing, Mr. Kutzin and his co-counsel obtained the requested relief for AMH; and the lower court denied everything requested by the son. The son’s litigious efforts continued in the Appellate Division, First Department, where he filed three separate appeals and multiple motions, but to no avail. Mr. Kutzin, leading the efforts in the Appellate Division, persuaded the Appellate Division to uphold the lower court’s decision.

Kutzin Speaks on Remote Notarization and Witnessing

Michael S. Kutzin, a member of various practice groups, including our Guardianship Practice,  Taxation and Trusts & Estates groups, spoke on “Remote Notarization and Witnessing: Update on Legislation and Best Practices”, at a program sponsored by the Elder Law & Special Needs Section of the New York State Bar Association.

Borrelli Lectures on Judicial Ethics for New Judges

Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups, served on a panel that taped the 2021/2022 Judicial Campaign Ethics Seminar for the NYS Judicial Institute. Completion of the seminar is mandated for all candidates for state judicial office.

Kutzin Speaks on Elder Law Issues

Michael S. Kutzin, a member of various groups, including our Guardianship Practice,  Taxation and Trusts & Estates groups, spoke on “Preparing for the End – Wills, Estate Planning, and Understanding the Process (Probate and Administration)” at the 33^rd Annual Elder Law Institute of the Practising Law Institute.

Borrelli Lectures on Recusal and Disqualification Issues

Judge Edward P. Borrelli, a member of our  Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups, presented on “Recusal and Disqualification Issues” at a Continuing Judicial Education Program sponsored by the New York City Civil Court Judges Association.

Borrelli Presents a Judicial Ethics Update

Judge Edward P. Borrelli, a member of our  Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups, presented a “Judicial Ethics Update” at a Continuing Judicial Education Program sponsored by New York State Unified Court System, Office of Justice Court Support.

Borrelli Speaks on Unique Ethical Issues at Local Courts

Judge Edward P. Borrelli, a member of our  Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups, lectured to Town and Village Justices on “Unique Ethics Issues Arising From Your Status as the Courts Closest to the People” at a Continuing Judicial Education Program sponsored by New York State Unified Court System, Office of Justice Court Support.

Borrelli Lectures on Judicial Ethics

Judge Edward P. Borrelli, a member of our  Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups,  lectured for the NYS Judicial Institute on “Judicial Ethics”, for the Unified Court System Certification Program for Newly-Elected/Newly Appointed Town and Village Justices.

Kutzin is Co-Author of “New York Elder Law”

As of the January 2021 edition, Michael S. Kutzin, a member of various groups, including our Guardianship Practice,  Taxation and Trusts & Estates groups, became a co-author, along with Tara Anne Pleat, Esq., of the LexisNexis treatise, New York Elder Law.  The publication, which is one of the premier publications in the field, contains comprehensive analysis and practice guidance for trusts & estates, elder law and special needs attorneys practicing in New York. Some topics that are discussed include: planning for incapacity (property management & health care decisions); Medicare and long-term care insurance; Medicaid; supplemental needs trusts; guardianships; estate planning and wills; health care coverage and resources; financial planning; income and estate tax; and elder abuse.

Borrelli Lectures on Judicial Ethics

Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups, lectured on “Taking the Bench”, for the Unified Court System Certification Program for Newly-Elected/Newly Appointed Town and Village Justices.

Borrelli Lectures to Judges on Winding Down Their Law Practice

Judge Edward P. Borrelli, a member of our  Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups,  lectured for the NYS Judicial Institute on “Winding Down Your Law Practice”, for Newly-Elected/Newly Appointed Town and Village Justices.

Borrelli Lectures on Judicial Ethics

Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups, lectured on “Taking the Bench”, for the Unified Court System Certification Program for Newly-Elected/Newly Appointed Town and Village Justices.

Borrelli Lectures on Judicial Ethics

Judge Edward P. Borrelli, a member of our  Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups,  lectured on “Judicial Ethics” for the Association of Judges of the NYC Civil Court.

Kutzin Co-Authors Article on Retirement Accounts

Michael S. Kutzin, a member of various groups, including our Guardianship Practice,  Taxation and Trusts & Estates groups, has Co-Authored an article entitled, “How “SECURE” Are You About Planning With Your Clients With Retirement Accounts? A Guide to Estate and Special Needs Planning After the SECURE Act”, published by the Elder Law and Special Needs Section of the New York State Bar Association.

Kutzin Named as Co-Chair of NYSBA Task Force on Remote Notarization and Witnessing of Estate Planning Documents

During the COVID-19 health care crisis, McCarthy Fingar lawyers have remotely supervised the execution of many Wills, Trust Agreements and related documents. We are pleased to announce that Michael S. Kutzin, a member of various groups, including our Guardianship Practice, Trusts & Estates and Surrogate’s Court Litigation groups, has been named as a co-Chair of the NYSBA Joint Elder Law and Trusts & Estates Sections Task Force on Remote Notarization and Remote Witnessing of Estate Planning documents.

Kutzin Wins Appeal on Guardianship Matter Involving Dispute Between Divorced Parents

McCarthy Fingar lawyers represent clients in the most difficult guardianship cases. In Matter of A.A. v. A., 2020 NY Slip Op 03468 (1st Dep’t 2020),  Michael S. Kutzin, a partner of the firm whose areas of concentration include guardianship and trusts & estates, represented, on a pro bono basis, the mother of an incapacitated child in an appeal to the Appellate Division, First Department, of a lower court decision in which, after a divorce, the mother had been named the guardian for her daughter, J.A. Michael succeeded in having the father’s appeal denied on the grounds that the lower court had properly exercised its discretion in naming the mother as guardian and that he had no independent right to have his adult child brought to a physician of his choice to prove his case.

Borrelli Lectures on Judicial Ethics

Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups, lectured in Manhattan on “Judicial Ethics Update – 2020”, at the Annual Convention for the New York State Association of Towns, as part of its Town and Village Justices Program.

Michael S. Kutzin Joins Firm as Partner

We are pleased to announce that Michael S. Kutzin has joined the firm as a partner and is a member of our Guardianship Practice, Trusts & Estates, Surrogate’s Court Litigation, Appellate Practice, Exempt Organizations, Taxation and Charitable Gift Planning groups. Michael joins McCarthy Fingar from Goldfarb Abrandt Salzman & Kutzin LLP, where he had been a partner for 17 years. Michael has extensive experience with all forms of Surrogate’s Court and Guardianship proceedings, from the most routine to the most complex and contentious. He has appeared in Westchester matters for years, as well as Surrogate’s Court and Guardianship cases in New York City.

Borrelli Lectures to New Judges on Judicial Ethics

Judge Edward P. Borrelli, a member of our  Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups,  lectured at the NYS Judicial Institute in White Plains, New York on “Judicial Ethics”, for the Unified Court System Certification Program for Newly-elected Town and Village Justices.

Borrelli Lectures on Judicial Ethics for New Judges

Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups, lectured in Albany, New York on “Assuming the Bench – Judicial Ethics”, for the Unified Court System Certification Program for Newly-elected Town and Village Justices.

Borrelli Lectures to Law Students on Judicial Ethics

Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups,  was a guest lecturer in White Plains, New York at a Professional Responsibility class at Pace Law School (Elisabeth Haub School of Law), speaking on “How Judicial Ethics Issues impact your Law Practice”.

Borrelli Lectures on Judicial Ethics

Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups, lectured in Lake Placid, New York on “Judicial Ethics Update – 2019”, at the Annual Convention of the NYS Magistrates’ Association, as part of its Justices’ Advanced Certification Program.

Borrelli is Dinner Speaker for Association of Supreme Court Justices

Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups, was a dinner speaker for the Association of Supreme Court Justices of the City of New York in Queens, New York.

New York Elder Law

LexisNexis (2021 Edition)

How “SECURE” Are You About Planning With Your Clients With Retirement Accounts? A Guide to Estate and Special Needs Planning After the SECURE Act

Elder Law and Special Needs Section of the New York State Bar Association

Matter of AMH, 2022 N.Y. Slip Op. 00968 (1st Dep’t 2022)

Michael S. Kutzin

Lawyers at McCarthy Fingar are often sought out by courts or other attorneys to handle the most difficult guardianship cases. In Matter of AMH, the disgruntled son of nonagenarian AMH, who had not seen his mother for more than 4 years, created turmoil for many years for her and her guardians. At the request of AMH’s court appointed counsel, the lower court appointed McCarthy Fingar partner, Michael S. Kutzin, as litigation counsel to spearhead AMH’s efforts to reduce her Personal Needs Guardian’s powers reduced and to reinstate the health care proxy that AMH had given in 2015 to her daughter (a physician). The 2015 health care proxy had been voided by the lower court because the daughter and AMH’s health care proxy had not been able to work together, but by the time AMH’s application was filed, the daughter and the Personal Needs Guardian had worked well together for a number of years. The son was very litigious: he not only opposed this requested relief, but filed his own application to remove AMH’s longtime counsel, remove the Personal Needs Guardian and to have visitation restrictions (which had been imposed because of his misconduct) lifted. The son also sought to have the lower court compel AMH to testify, even though AMH suffered from health threatening stress when dealing with conflict. After multiple motions and a four-day hearing, Mr. Kutzin and his co-counsel obtained the requested relief for AMH; and the lower court denied everything requested by the son. The son’s litigious efforts continued in the Appellate Division, First Department, where he filed three separate appeals and multiple motions, but to no avail. Mr. Kutzin, leading the efforts in the Appellate Division, persuaded the Appellate Division to uphold the lower court’s decision.

Matter of A.A. v. A., 184 A.D.3d 496 (1st Dep’t 2020)

Michael S. Kutzin

McCarthy Fingar lawyers represent clients in the most difficult guardianship cases, including disputes over a guardianship of an adult child. While most people understand issues involving the care and custody of children is often front-and-center in a divorce case, sometimes even adult children with disabilities become collateral damage of a divorce as parents battle over guardianship of an adult child. This can happen for myriad reasons, including where well-meaning but ill-advised parents have a different vision for what kind of care the disabled child should receive. In Matter of A.A. v. A., Michael S. Kutzin, a partner of the firm whose areas of concentration include guardianship and Trusts & Estates, represented, on a pro bono basis, the mother of an incapacitated child in the appeal to the Appellate Division, First Department, of a lower court decision in which, after a divorce, the mother had been named the guardian for her daughter, J.A. The father had fought to become his daughter’s guardian and appealed the lower court decision, arguing that the daughter’s incapacity was brought on by the anti-psychotic medication that she was taking. The father further argues that he should have the right to take his daughter to a physician of his own choice, in his effort to demonstrate that it was the medicines that caused her illness. The mother, who had already prevailed in Family Court against such allegations when she obtained custody while the child was a minor, was named guardian in the lower court proceeding. Michael succeeded in having the father’s appeal denied on the grounds that the lower court had properly exercised its discretion in naming the mother as guardian and that he had no independent right to have his adult child brought to a physician of his choice to prove his case. The First Department uphold the lower court decision, finding that the mother “had been diligently caring for [the daughter] for years and appropriately attended to her needs, and the absence of any evidence supporting plaintiff’s claims of improper medical treatment . . . “

Relocation to Different State – Lack of Support Systems for Incapacitated Person

Michael S. Kutzin

Guardianship cases are designed to be flexible tools to protect the interests of an incapacitated person. Sometimes, however, people forget that and become more concerned with technical compliance with the law than with protection of the incapacitated person. In January, 2020, Michael S. Kutzin persuaded a judge in Manhattan, over the objections of the City of New York, court appointed counsel and an institutional temporary co-guardian that the brother of the incapacitated person acted properly in relocating her from New York to Oregon without prior court approval when her safety was endangered. The incapacitated person, who lived alone, had no memory and little understanding of her circumstances, brought a young man into her apartment late at night. The young man was recorded in security cameras leaving the apartment very early in the morning. The Court agreed that, in the absence of any support systems in New York, the brother, who was also co-guardian, acted properly in removing his sister to Oregon to be closer to her father and family members, and approved his request to have the guardianship transferred to Oregon.

Family Hostility – Revocation of Health Care Proxy

Michael S. Kutzin

Physical distance and family hostility created a situation in which an elderly woman’s health care had become compromised. In 2019, Michael S. Kutzin  represented a longtime family friend of the elderly woman in obtaining guardianship for client who had a lifetime relationship with the elderly woman, and obtained the revocation of a Hawaiian daughter’s health care proxy. The Hawaiian daughter had a hostile relationship with a New York daughter who had attempted to provide care for their mother. The health care agent directed medical providers not to listen to the New York daughter and to keep their mother’s medical information from her. As a result of the conflict between the daughters, their mother’s medical care had become compromised. For various reasons, the New York daughter was not a suitable candidate to become guardian of her mother, so, at the mother’s request, the friend intervened. A Manhattan agreed with Michael’s argument that the hostility between the daughters put their mother’s care at risk, and found that the longtime family friend was the most appropriate person to serve as guardian.