When an aging parent in Manhattan begins missing mortgage payments and forgetting bank passwords, the family often assumes they can simply step in and manage the finances. Without a deliberately drafted durable power of attorney, they quickly discover that financial institutions will not even confirm the account balance—let alone allow a child to pay the bills. Suddenly, the family faces the prospect of a lengthy, public court proceeding just to keep the heat on in their parent’s home. This intersection of declining capacity, asset protection, and court intervention requires more than standard paperwork. Stewardship.
To serve families facing these exact scenarios, I am proud to have Therese Wittner, Esq., serving as Of Counsel to our firm. The “Of Counsel” designation indicates an attorney who maintains a close, continuous relationship with our practice, bringing concentrated expertise to bear on complex client matters without the traditional partner or associate constraints. For our clients, bringing Therese into this role means direct access to a seasoned practitioner who focuses heavily on elder law, Medicaid planning, and estate administration.
The Philosophy of Elder Law and Asset Protection
Elder law is not simply estate planning for older individuals. It is a distinct, highly technical discipline focused on preserving dignity, securing care, and protecting assets from the catastrophic costs of long-term medical needs. I frequently see families wait until a health crisis strikes before considering how they will pay for a nursing facility. By the time a parent suffers a severe fall or a stroke, the options for asset protection are severely limited.
Therese works deliberately with families to structure their assets long before a crisis occurs. This often involves transferring real property and liquid assets into irrevocable trusts to start the clock on the 60-month Medicaid look-back period. Her approach ensures that clients can qualify for necessary medical coverage without draining the wealth they spent a lifetime building. She does not deal in quick fixes. She builds structural defenses around family assets. The goal is always to ensure that a lifetime of labor translates into a protected generational legacy, rather than being consumed entirely by healthcare costs in a matter of months.
Consider the alternative to proactive elder law planning. When an individual loses cognitive capacity without the proper advance directives in place, the family cannot simply make medical or financial decisions on their behalf. Instead, they must petition the court to appoint a legal guardian under Mental Hygiene Law Article 81. This process is public, expensive, and strips the incapacitated individual of their autonomy. The court will appoint an evaluator, hold hearings, and ultimately decide who should act as the conservator of your affairs. Therese’s work is designed specifically to avoid this outcome. By putting the right healthcare proxies and financial powers in place early, she ensures that a prudent custodian is already empowered to act the moment capacity fails.
Managing Surrogate’s Court Proceedings
Even the most intentional estate plans must eventually be executed. When a client passes away, the procedural reality of settling their estate begins in New York. Probating a will is never an automatic administrative task. Under SCPA Article 14, the Surrogate’s Court must be satisfied that the will is genuine, that it was executed properly according to the strict statutory formalities of EPTL §3-2.1, and that the testator had the capacity to understand what they were signing.
If a relative files objections under SCPA §1410, the estate can be locked in litigation for years. Therese’s background in probate and estate administration provides our clients with a steady, experienced hand during what is invariably an emotional time. She understands the evidentiary requirements, the strict filing deadlines, and the interpersonal dynamics that often complicate the process. She knows how to prepare the necessary waivers, manage creditor claims, and handle the final accounting so that the executor fulfills their fiduciary duty with prudent oversight—without assuming personal liability. Her objective is to move the estate through the court system efficiently, minimizing delays and preserving the estate’s value for the beneficiaries.
Protecting the Entrepreneurial Legacy
For the business founders we represent, personal wealth is inextricably linked to their closely held companies. Passing a business to the next generation requires significantly more forethought than simply leaving shares in a will. It demands a strategy that accounts for tax liabilities, operational continuity, and the often disparate interests of children who work in the business versus those who do not.
In her capacity as Of Counsel, Therese provides highly strategic guidance on succession planning. She works with business owners to draft buy-sell agreements, establish voting trusts, and structure gradual transfers of control. This deliberate contingency planning prevents a forced sale of the business to pay estate taxes and ensures the founder’s entrepreneurial legacy remains intact. A business is often a family’s most valuable and most vulnerable asset; treating it with the proper legal foresight is the ultimate act of stewardship.
A Unified Approach to Client Care
In the architecture of a law firm, the Of Counsel position acts as a critical bridge. I have spent my career representing high-net-worth individuals, structuring the overarching frameworks of their estates. When a case requires a tactical focus on the granular mechanics of a Medicaid application, a complex probate administration, or a highly specific elder care dispute, having Therese on the team changes the calculus. We operate as a unified front, ensuring that every angle of a client’s estate is protected by an attorney who understands the specific statutory landscape.
Therese approaches each client relationship with the empathy and dedication required for this highly personal area of law. She understands the profound emotional and financial weight of these decisions. By prioritizing clear communication and proactive planning, she empowers our clients to make informed choices about their futures and the futures of their dependents.
The strategies required to protect your assets from long-term care costs or probate disputes cannot be implemented retroactively. If you are relying on outdated documents or have not yet addressed how a medical crisis would impact your family’s wealth, pull your current advance directives out of the drawer and check the dates. If your durable power of attorney was drafted before the sweeping New York statutory changes of 2021, bring it to our office for a formal review.
