Law Office of Gina T. Danetti

Attorney background and experience

• Juris Doctor (J.D.), Maurice A. Deane School of Law at Hofstra University, 2003.
• Admitted to practice law in the State of New York on March 10, 2004.
• Master of Science (M.S.) in Disability Counseling.
• Prior professional experience assisting and advocating for individuals with brain injury, stroke and other acquired brain injuries.
• Solo practitioner concentrating on elder law and related areas since 2006.

Gina's background in disability counseling and her personal family experience caring for an ailing parent inform her approach to elder law. She combines legal knowledge with counseling skills to understand each client's unique situation and goals.

Practice focus

The firm concentrates on:

• Guardianship litigation and guardianship proceedings.
• Medicaid planning.
• Medicaid applications.
• Asset protection related to long‑term care.
• Estate planning, including wills and trusts.
• Advance directives (durable power of attorney, health care proxy, living will).
• Special needs planning, including supplemental needs trusts.
• Estate administration and probate.

The firm's goal is to help clients navigate legal hurdles while addressing personal and family concerns that arise with aging, disability, and incapacity.

Professional memberships

Gina T. Danetti is described on the website as a member of the following organizations and panels:

• Super Lawyers.
• National Academy of Elder Law Attorneys (NAELA).
• New York State Bar Association, Elder Law Committee (NYSBA).
• New York City Bar Association, Legal Referral Panel (NYCLRS).
• Brooklyn Bar Association, Legal Referral Panel (BBA.LRS).
• National Legal Service Plan.
• New York Women's Bar Association (NYWBA).
• Brooklyn Columbian Lawyers.

Clients the firm serves

The practice serves clients in and around New York who need help with elder law, Medicaid planning, estate planning, guardianship, and related matters for themselves or family members. House calls may be available for clients who are unable to travel to the office.

The main office is located across from Grand Central Station on the corner of Lexington Avenue.

Accessibility information

• For accessible entry, clients are instructed to enter at 41st Street.
• If you are traveling with someone, they can enter the building and alert security.
• If you are arriving alone and need assistance with entry, the website instructs you to call building security at (212) 697-0970, option #3.

House calls

The website states that the firm "also do[es] house calls." If you cannot come to the office, arrangements may be available for the attorney to travel to your home.

Additional location

The firm notes that it has a satellite office in Brooklyn, New York. The website does not list a separate street address for the Brooklyn office.

Contact details

• Phone: 212-319-3405
• Email: gdanetti@danettilaw.com

These are the primary contact details given on the firm's website.

Consultation note

The website invites potential clients to contact the firm and refers to a "FREE 10 minute Consultation". Details such as what is included, how it is conducted, or any limitations are not specified on the website text reviewed here.

Lists Westchester, York, Brooklyn, Manhattan, New York City, South Lake Tahoe, and University as a location. Names New York, Texas, Lexington, Granger, Manhattan, New York City, and Chandler as a service area. Areas beyond these are not published.

The website suggests several steps to prepare for the possibility that someone may need to assist with your finances:

1. Durable Power of Attorney. Ask your elder law attorney to draft an expanded, comprehensive Durable Power of Attorney. This document allows a person you choose (your agent) to:

• Access your financial information.
• Make financial decisions on your behalf.
• Sell your property if needed.
• Assist you to qualify for Medicaid.
• Implement aspects of your estate plan.

2. Organizing important documents. Keep important documents together in a safe, fire‑proof location. Examples listed on the website include:

• Durable power of attorney.
• Health care directives.
• Will.
• Deed to your property.
• Birth certificates.
• Marriage certificate.
• Spouse's death certificate, if applicable.
• Tax returns.

3. Financial records. Maintain a list of all of your finances and keep at least three to five years of financial statements organized in a known location.

Health care decision‑making

The website explains that a doctor must honor your wishes, even when they are against medical advice, if you have capacity to make your own decisions. If you do not have capacity, a designated agent may make decisions for you.

To prepare for the possibility that a loved one will need to make health care decisions for you, the site recommends considering:

1. Health Care Proxy. A Health Care Proxy is a document that appoints an agent of your choice to make medical decisions on your behalf if you are unable to make them yourself.

2. Living Will. A Living Will sets out your wishes in writing about life support and end‑of‑life decision‑making.

These advance directives help ensure that your financial and medical wishes can be followed if you become unable to express them yourself.

For guidance on which advance directives are appropriate for your situation and how New York law applies, the website directs you to contact the firm directly.

The website states that the firm can help you execute a comprehensive estate plan, which may include:

• Durable power of attorney.
• Health care proxy.
• Living will.
• Last will and testament.
• Revocable trusts.
• Irrevocable trusts.
• Supplemental needs (special needs) trusts.

Each plan is individually tailored to meet the client's specific estate and long‑term care needs.

Supplemental needs trusts

The firm describes several types of trusts used for special needs planning for a disabled child or family member, including:

• Third‑party Supplemental Needs Trust – funded with assets that do not belong to the disabled child.
• Sole‑Benefit Supplemental Needs Trust – established for the sole benefit of a disabled child, funded with assets that do not belong to the child.
• Pooled Trust – managed by an organization; the disabled person's assets fund the trust and, upon that person's death, remaining assets go to the organization.
• Special Needs Trust – funded with the disabled person's own assets; Medicaid (Department of Social Services) is the primary beneficiary and is reimbursed for benefits it provided.

These trusts are used to help provide for a disabled person's needs while preserving eligibility for government benefits.

Revocable trusts

The website lists several features and consequences of revocable trusts, including:

• They allow management of your assets and income.
• You can name a successor trustee to manage trust assets if you become unable or unwilling to manage them yourself.
• You may retain access to the income and principal of the trust.
• Assets in the trust can avoid probate.
• There are no gift tax consequences upon funding the trust.
• Important limitation: Assets titled in a revocable trust do not receive Medicaid asset protection.

Irrevocable income‑only trusts

The firm describes irrevocable income‑only trusts as a planning tool with a primary benefit of Medicaid protection. As stated on the website:

• Assets in the trust may be protected either within five years or by the end of any Medicaid penalty period, whichever is shorter.
• You select a trustee to manage the trust assets.
• You may receive the income from the trust but do not have direct access to the trust principal.
• You can determine the ultimate distribution of the trust assets.
• Assets in the trust will avoid probate.
• Trust income is taxed to you.

Last will and testament and probate

The site notes that only your probate assets pass under the terms of your will. Assets with a beneficiary designation or certain forms of title transfer outside the will. Examples of non‑probate assets mentioned include:

• Assets with a named beneficiary.
• Assets held with a right of survivorship.
• Assets held "in trust for" another person.
• Assets with a "pay on death" designation.

These non‑probate assets pass directly to the named party and are not distributed under the will.

The website explains that it is still important to execute a will if, for example:

• You own any probate assets and want to direct how they are distributed, appoint executors and trustees, and provide for minor children.
• You want to protect a spouse who may need long‑term care.
• A beneficiary is or may become disabled and will require government assistance.
• The value of your estate may create estate tax concerns at your death.

For individual advice on which documents or trusts are appropriate for your situation, the site directs you to contact the firm directly.

The website states that the firm has extensive experience representing clients in:

• Contested guardianship proceedings.
• Guardianship proceedings that involve Medicaid planning and the management or transfer of assets.

If you are concerned that someone is being harassed, abused, neglected, or pressured to act against their will, the site invites you to call the firm at (212) 319‑3405 so your situation can be discussed confidentially.

Who can start a guardianship proceeding

According to the website, a guardianship proceeding may be commenced by any interested party, including but not limited to:

• A family member.
• A health care facility.
• A landlord.
• A neighbor.
• A friend.
• Any other party concerned with the welfare of another person.

Possible powers of a guardian

If a court determines that a guardianship is necessary, a Guardian may be authorized to:

• Make health care decisions on behalf of an incapacitated person.
• Manage and/or transfer assets owned by an incapacitated person.

The website notes that a Guardian's powers are tailored to be the "least restrictive form of intervention."

Published guardianship cases

The firm's website cites the following published guardianship cases:

• Matter of M.L., 2009 NY Slip Op 52160(U) [25 Misc 3d 1217(A)] (Supreme Court, Bronx County, Hunter, J., decided October 23, 2009).
• Matter of Sierra, 2007 NY Slip Op 50703(U) [15 Misc 3d 1116(A)] (Supreme Court, Westchester County, Rosato, J., decided March 27, 2007).

These citations are provided as examples of guardianship matters referenced on the firm's site. For advice about a specific guardianship situation, the website directs you to contact the firm directly.

According to the firm's website, the office will:

• Prepare and file your Medicaid application for long‑term community home care.
• Prepare and file your Medicaid application for nursing home care.

The firm's goal is to help you access needed care while coordinating your legal and financial planning.

Medicaid asset protection planning

The website states that, in conjunction with filing your Medicaid application, the firm will:

• Guide you to follow a customized Medicaid asset protection plan.
• Work to help assure that your assets and income are not unnecessarily depleted as part of qualifying for Medicaid.

Medicaid asset protection planning may involve reviewing your income and resources, evaluating transfers, and coordinating with other estate and long‑term care planning tools described on the site (such as trusts and advance directives).

Related practice areas

Medicaid applications and planning are connected with other elder law services offered by the firm, including:

• Guardianship proceedings that may involve Medicaid planning.
• Estate and asset protection planning using wills and trusts.
• Advance directives for financial and health‑care decision‑making.

If you need details about what information is required for a Medicaid application, specific timelines, or how rules apply to your situation, the website directs you to contact the firm directly by phone or email.

Ask anyway — the agent will say plainly that it is not published rather than guess.