40 The QUEE NS Courier • business • january 23, 2014 for breaking news visit www.queenscourier.com ▶business ▶The Elder Law Minute TM Parents Cannot Use Guardianship Funds for Bat Mitzvah By Ronald A. Fatoullah, Esq. A recent New York County Court case for Nassau County held that parents cannot use a child’s guardianship funds for a bat mitzvah elder law ROnald Fatoulah, ESQ, CELA* and family vacation. In the Matter of Geoffrey M. addressed the actual expenditures incurred in the bat mitzvah celebration of Sigal M. Sigal M. was born with cerebral palsy and a host of other issues resulting in significant developmental delays. As a result of a structured settlement from a medical malpractice action, Sigal M. was ultimately awarded approximately $6.9 million and this amount was placed in an infant guardianship account. When the account was established, the parents were told that they would have to request court approval prior to generating any “extraordinary expenses” other than those specifically established in the court’s order. The guardians were given a $20,000 annual allowance from Sigal’s funds for her immediate family’s vacation expenses, without obtaining prior court approval. In March of 2013, Sigal celebrated her bat mitzvah and her parents paid for a party that cost approximately $33,000. Her parents then applied to the court to obtain permission to reimburse themselves for the expenses incurred. They also asked for the release of an additional $65,000 in order to cover the cost of a trip to Israel for Sigal, her parents, and her three siblings. The New York County Court for Nassau County denied the family’s request for reimbursement and only allowed the expenditures relating to the costs of Sigal and her mother. The Court ruled that even though a bat mitzvah is culturally and religiously significant, it was not a necessity which could not otherwise be provided by her parents. The court went on to admonish the family, noting that “Sigal’s funds are not community property for family use.” The Court opined that “the family should not look to Sigal to pay for their own vacation, or for any other needs not required by Sigal.” The above described holding does not necessarily represent the opinion of every guardianship judge. There are those who would argue that an incapacitated person’s life is thoroughly enriched by those close to her – especially immediate family members. To take the participation of immediate family members out of the equation of what is considered a reimbursable expense is for some a harsh perspective. By the same token, the Court may have been eager to preserve Sigal’s assets for Sigal alone, and given her life span and the needs that will arise over the course of her life, it may have seemed more prudent to try and protect her assets. While the holding of the case may be disappointing to the parents of Sigal M., it does reflect the level of Court involvement that exists when a disabled child wins a personal injury or medical malpractice action. Legal counsel is often required in order to navigate the various nuances of the guardianship arena, and to properly advise the guardians. Ronald A. Fatoullah, Esq. is the principal of Ronald Fatoullah & Associates, a law firm that exclusively concentrates in elder law, estate planning, Medicaid planning, guardianships, estate administration, trusts and wills. The firm has offices in Forest Hills, Great Neck, Manhattan, Brooklyn, and Cedarhurst, NY. Metro is number one again Metro New York has made its way to the top once again. According to a recent report from Scarborough, an independent market research company, Metro New York was named the number one most-read free daily newspaper in the city for 2013. “I am thrilled Metro is the most read free daily newspaper in New York, thanks to the quality of our editorial and distribution,” said Yggers Mortensen, Metro US, CEO & publisher. This is the third time Metro has beat its competitor, am New York. According to the report, Metro reaches 1,509,438 readers, 18 years and older, weekly in both the print and online editions. BROOKLYN MEDIA GROUP/Photo by Jaime DeJesus Qua Liang congratulated attendee Roseann Levy on her birthday. Holiday road! L & M Tours hosts dinner party BY JAIME DEJESUS jdejesus@homereporter.com It was safe (and celebratory) travels on January 11 as travel agency L & M Tours held a dinner party for the New Year as well as 15 years in existence at Chinese restaurant, J. King Seafood Palace. Over 30 tables were set up for employees, customers and guests as they enjoyed an evening of food, raffles and entertainment, such as musical performances and magic acts. Guests traveled from various areas such as Rego Park, Bayside and Manhattan via the company’s buses. “It was a very successful evening,” said Qua Liang of L & M Tours, who also served as host of the night. “I would like to thank everybody for all their continued support. Without them, there would be no party.” The evening began with a family style 10-course meal which included beef with broccoli, chicken, sweet and sour pork, and lobster. During the dining portion, local performer DJ Joe sang classic tunes such as “Under the Boardwalk,” “Sweet Caroline,” and a rendition of the 1970’s television show “All in the Family” theme song, “Those Were the Days.” His imitation of high-pitched voice Edith Bunker had the audience amused. DJ Joe is no stranger to Brooklyn events as he’s performed several times at the Bay Ridge Senior Center. Liang and the DJ ended the musical portion by singing a duet together. Attendees also received an envelope with coupons for future trips. “The coupons add up to a combination of $65. There are also ads with new trips on it,” added Liang. L & M continues to expand its trips. “We always continue to strive to introduce new trips that we hope will be interesting to you.” Just introduced this past year was an Atlantic City cruise. After dinner and musical performances, Mendy the Magician took the stage for the kids in attendance. Her tricks included using a page from a newspaper to pour wine into a glass as well as the rings trick. She also brought children on stage to volunteer during some of the acts. “She’s actually going to come up and make the kids disappear,” joked DJ Joe. Towards the end of the party, raffles were held. Those who bought a $1 ticket were eligible to receive prizes such as coffee makers, bottles of wine and food baskets. Liang individually thanked everyone that is employed by the company, including trip organizers and bus drivers. “It is my privilege to be your host. So many old friends are here that I’m happy to see. There are also new friends I’m happy to see,” he said. Attendee Roseann Levy, who was presented with a birthday cake, was impressed with the shindig. “I’m having a great time. My family is with me as friends are here with me. I’ve been doing the tours for a while,” she said. “They’re very nice tours. The people that run the tours are the best.”
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