https://www.andreagellenlaw.com/andrea-l-gellen daily 0.75 2024-04-05 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1593216732282-CV1YA21AAES3SUTNJ5RI/20728236_10207447648507657_8125257153416922784_n.jpg Andrea L. Gellen https://www.andreagellenlaw.com/elder-law-special-needs-planning daily 0.75 2020-03-20 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581638996158-73YF3ADGTXYTU40MQHHO/image-asset.jpeg Elder Law & Special Needs Planning Photo by Wavebreakmedia/iStock / Getty Images https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581522490491-JTY02AZQAQIB0D1MG3F8/image-asset.jpeg Elder Law & Special Needs Planning https://www.andreagellenlaw.com/areas-of-practice daily 0.75 2023-11-27 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581521965358-P63GCPOC4XBIVUY8CF6P/image-asset.jpeg Areas of Practice - Education Law Whether it is attending your first CSE meeting, fighting a long term suspension, or helping you navigate bullying issues, we are here to help. We represent parents and students in CSE and 504 Plan meetings as well as special education impartial/due process hearings. We also represent students and parents in disciplinary matters, bullying matters, discrimination and Title IX litigation. https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581521980909-7F3NSB4QULYO78ZRBE92/image-asset.jpeg Areas of Practice - Estate & Special Needs Planning When you are ready to put your dispositive wishes into writing, it’s important that your Will be thorough and be executed in the manner required by New York State Law. In addition to a Will, there are other important estate planning documents, such as a Power of Attorney and a Healthcare Proxy, that are also critical. We can provide you with a description of the available resources and develop an estate plan that accomplishes your goals. https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581522052524-BFHPYZKNJ1TI3EYK7XXF/image-asset.jpeg Areas of Practice - Elder/Special Needs Law: Guardianships & Medicaid Applications Helping individuals and couples qualify for Nursing Home Medicaid and Community Based Medicaid (Care in the Home) without depleting their assets and helping individuals protect their loved ones with disabilities through guardianship applications. https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581522032551-Y9H5260WT9NJNNU28U3A/image-asset.jpeg Areas of Practice - Residential and Commercial Real Estate Representing landlords and tenants in litigation disputes including evictions and small claims proceedings. Drafting residential and commercial leases. Updating leases to comply with current laws. Representing buyers and sellers in residential and commercial real estate purchases and sales. https://www.andreagellenlaw.com/home daily 1.0 2024-04-05 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581521736589-ZXTJOXR7325T704Q8UJE/image-asset.jpeg Home Education Law https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581521747414-92X0UKUMHKWZGUPJ6LQQ/image-asset.jpeg Home Estate & Special Needs Planning https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581521820611-2XWWSTGBNW8Q5B1G3G9R/image-asset.jpeg Home Elder Law https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581521836183-E5ZJULKWYD5O97VMKPT4/image-asset.jpeg Home Residential and Commercial Real Estate https://www.andreagellenlaw.com/testimonials daily 0.75 2020-02-25 https://www.andreagellenlaw.com/estate-planning daily 0.75 2023-11-27 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1582247435395-KX75XWW57I251425Y72P/EstatePlanning.jpg Estate Planning Photo by AntonioGuillem/iStock / Getty Images https://www.andreagellenlaw.com/residential-and-commercial-real-estate daily 0.75 2023-11-28 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581708338725-TFFR0YHLIJWGWB3AD8U4/Evictions.jpg Residential and Commercial Real Estate Photo by BartekSzewczyk/iStock / Getty Images https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1701051426993-KBMDWN6JNB8ND39SSH8G/GettyImages-1409298953.jpg Residential and Commercial Real Estate - Make it stand out Whatever it is, the way you tell your story online can make all the difference. https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1582247537092-MD0OJQJTBEWU4XKLWUMW/image-asset.jpeg Residential and Commercial Real Estate Photo by Natee Meepian/iStock / Getty Images https://www.andreagellenlaw.com/education-law daily 0.75 2020-03-20 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1582247299617-NFDHZRDJL5GHW6X6AE9U/StudentDiscipline.jpg Education Law Photo by Creatas/Creatas / Getty Images https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581707758291-STAW84LSBZHSZ21MLBJX/Bullying.jpg Education Law Photo by shironosov/iStock / Getty Images https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581707697963-LCQRAMZ6FA3S7LJWYZL2/image-asset.jpeg Education Law Photo by shironosov/iStock / Getty Images https://www.andreagellenlaw.com/special-education-504-matters daily 0.75 2020-03-20 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581707714288-KETJG620UGOYQ26HEKOX/image-asset.jpeg Special Education & 504 Matters - Special Education & 504 Plan Law We will help you understand your rights and options and how to ensure your child receives a Free and Appropriate Public Education. Whether your child is being denied accommodations in his or her home district, you are seeking summer educational services, or you are looking to place your child in private school at the District’s expense, we can help you ensure your child’s learning and emotional needs are met, that your interests are protected, and that the school is held accountable for its failure to educate your child. https://www.andreagellenlaw.com/student-discipline-long-term-suspension-hearings daily 0.75 2020-03-20 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1582247351845-PDEA0Q62YC632IMMNTTZ/StudentDiscipline.jpg Student Discipline & Long Term Suspension Hearings - School Suspension & 3214 Hearing Law If your child has been suspended from school it is critical that you speak with an attorney to ensure that your child’s rights are protected. Whether he or she “did it” is only a small part of the equation. State and Federal laws mandate that school districts must obey a rigid set of procedural protocols otherwise the suspension is defective. We have been practicing in the area of student discipline for approximately seven years and have handled a wide variety of disciplinary matters including weapons, drugs, sexual acts, and violence in schools, violation of technology policies, threats, fights, and other disciplinary issues. We have also represented parents in appeals to the Board of Education and then to NYSED’s Commissioner of Education. Contact us as soon as you receive notice of a suspension so that we can ensure that your child’s rights are protected. If a suspension has already been imposed, contact us as soon as you learn of the suspension. Be mindful that there is a short window of time in which a parent may appeal a school suspension. https://www.andreagellenlaw.com/bullying-dignity-for-students-act daily 0.75 2020-03-20 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581707861879-JMVMGQ9SY6BWNV6TE0DY/image-asset.jpeg Bullying, Dignity for Students Act, and Discrimination Claims - School Bullying Legal Services Bullying is a difficult problem for schools to address, but we know a lot more now than we did twenty years ago about how to effectively intervene. If your child is being mistreated in school contact us to discuss how we can help you protect your child. If your child is being bullied, assaulted, harassed or mistreated by other students the school district has obligations under state law to investigate and implement a safety plan. If your child is being mistreated, either by other students or by school employees, due to his or her sexual orientation, gender, national origin, race or disability this may give rise to the school’s liability under federal statutes as well. Contact us today to ensure that your child has an emotionally and physically safe learning environment. https://www.andreagellenlaw.com/contact-us daily 0.75 2022-06-30 https://www.andreagellenlaw.com/evictions daily 0.75 2020-03-17 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581708381140-ZUPFPVU86BM86KA6CMNU/image-asset.jpeg Evictions - Residential & Commercial Eviction Proceedings Andrea specialized in holdover and nonpayment eviction proceedings in for commercial and residential landlords. Landlord/Tenant litigation is a complex area of law that became more intricate and time consuming on June 14, 2019 when new legislation was enacted in New York that makes it more expensive, and more time consuming, to evict problem tenants. While some portions of the law apply only to residential tenancies, many portions apply to both residential and commercial tenancies. It is critical that the correct documents be properly prepared and served within a very short time period. It is equally important that strategic decisions are made as to whether the proceeding should be brought as a holdover or a nonpayment proceeding. If the proper decisions are not made and the proper procedure not adhered to, the court may set the eviction set aside or the landlord may be facing a lengthy trial and possible damages owed to the tenant. That being said, most evictions can be handled with one court appearance. Call Andrea today and she will help you address the problem in an efficient manner. https://www.andreagellenlaw.com/administrative-dmv-hearings daily 0.75 2020-03-17 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581708254491-46I107GCAN1139GVM1W2/image-asset.jpeg Administrative DMV Hearings - DMV Hearing Legal Services in Poughkeepsie, NY The administrative consequences associated with a DWI can be as powerful as the criminal consequences. Protect your rights and freedoms. In the event a police officer has reasonable suspicion to suspect you were operating a vehicle while under the influence of alcohol he may ask you to submit to a chemical breath, urine or blood test. If you refuse to do so, you will likely be charged with what is colloquially called a “common law DWI.” In simply terms, you will be presumed to have been intoxicated and you will be charged with a DWI despite the fact that the police does not have any chemical data indicating you were intoxicated. A common law DWI follows largely the same procedure as a traditional DWI. However, at the same time the criminal matter is pending in Justice or County Court the New York State Department of Motor Vehicles will bring an administrative hearing to revoke the driver’s license for a period of one (1) year due to their refusal to submit to a chemical test. Retaining an attorney to represent you in the administrative hearing, in addition to the criminal proceeding, is critical. First, in a unique and limited number of cases a driver may prevail at a DMV hearing and avoid the license revocation. Second, the arresting officers can be subpoenaed to testify at the DMV hearing. Their testimony allows the defendant a sneak peak into what the officer would say if the criminal case were to go to trial. It is also an opportunity to nail the arresting officer to a specific narrative before the District Attorney’s office prepares him or her for a trial. https://www.andreagellenlaw.com/criminal daily 0.75 2020-03-17 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581708156866-ER6WR3YVASQ98QQ304FY/image-asset.jpeg Criminal - Criminal Gellen Law PLLC represents defendants throughout the Hudson Valley in a wide array of criminal proceedings including juvenile offenses in Family Court and Probation, misdemeanors and felonies. Andrea specializes in representing criminal defendants charged with the following crimes: DWAI, DWI & Aggravated DWI DWAI Drugs Reckless Driving Assault and domestic violence Shoplifting and theft crimes Drug sale and possession Probation violations Order of Protection violations Other felonies Other misdemeanors Do not leave your fate up to chance and do not lose hope. Effective representation will ensure that your rights are protected and that you secure the best possible outcome. She has developed professional relationships with the Ulster, Orange, Dutchess and Westchester District Attorneys’ offices and can see to it that you receive the most favorable disposition available to you. Contact Andrea today to schedule a consult. https://www.andreagellenlaw.com/lease-drafting daily 0.75 2020-04-08 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1586384036701-C0661XL8H85FI68AO3T4/image-asset.jpeg Lease Drafting - Lease Agreement Drafting Make sure your lease is your shield and not your tenant’s sword. Andrea specialized in drafting commercial and residential leases for landlords throughout the Hudson Valley. The right lease avoids ambiguities, does not extend the notice requires for the eviction process past what is mandated by the laws, lays out the terms of the agreement, and is straightforward enough that the average reader will understand its terms. The changes to the Landlord/Tenant law on June 14, 2019 render certain lease provisions unallowable. It is important that in advance of executing a new lease the agreement be reviewed by an attorney familiar with the changes in the law. While spending money on an attorney to draft your lease may seem unnecessary, a well drafted lease can save you months of headache, and thousands of dollars in lost rent, down the line. Contact Andrea today to have her review your lease or to start fresh with a new one. https://www.andreagellenlaw.com/nursing-home-and-community-based-medicaid daily 0.75 2020-03-17 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581707977597-35BYCAWAGLYOEJWR0WHS/image-asset.jpeg Nursing Home and Community Based Medicaid - Long Term Care Planning & Asset Protection The cost of nursing home care in the Hudson Valley can run as steep as fifteen thousand dollars a month, and the cost of around-the-clock care in the home can cost approximately eight thousand dollars. We help elder individuals, often in consultation with their adult children, preserve resources by qualifying for Medicaid. Community Based Medicaid Community Based Medicaid (CBM) is a program in which eligible recipients may receive care services in the home, including home health aides. After a recipient is accepted into the CBM program he or she will be evaluated to determine how many hours of care, if any, she qualifies for. There is no look back from CBM, meaning that an applicant could transfer assets out of her name on January 31, and apply for coverage the next morning, on February 1. However, it is critical to be strategic in how assets are depleted, or transferred, to avoid a future penalty in the event one applies for Nursing Home Medicaid within five years of the Community Based Medicaid application. We can help you or your loved ones qualify for Community Based Medicaid in the most efficient manner. Nursing Home Medicaid Nursing Home Medicaid (NHM) applications are different from CBM applications for a few reasons. Most notably, because Medicaid conducts a five-year “look back,” meaning they audit five years of an applicant’s financial records in order to determine if there have been any transfers of assets. Any transfer made within five years of an application is considered a gift and may result in Medicaid imposing a penalty period (a period of time in which Medicaid will not pay for the cost of the applicant’s care). There are several tools we can use to assist clients in protecting their assets despite the existence of a five year look back. Far enough in advance, Medicaid trusts and gradual transfers of wealth are options for many individuals. When someone does not have the luxury of time we utilize a gift & loan process, with a promissory note, to allow an individual entering a nursing home to gift between approximately 40%-60% of his or her wealth to loved ones. Elder care is expensive and intricacies of Medicaid can be overwhelming. Contact us today and we can help you preserve your assets and ensure you remain eligible for care. https://www.andreagellenlaw.com/guardianship-petitions-and-accounts daily 0.75 2020-03-17 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1581708101379-G1L9L5YRDLKLY179QJP6/image-asset.jpeg Guardianship Petitions and Accounts - Guardianship Law Services in Poughkeepsie, NY Helping you protect the loved ones who need it most. Guardianships A Guardianship Petition is an application to the Court that an individual or entity be awarded the power to make medical and/or financial decisions for an incapacitated individual in order to protect him or her from harm. Section 17-A Guardianship Proceedings in Surrogate’s Court A loved one of an individual with a developmental or intellectual disability that arose before the age of 21, or a traumatic brain injury, may petition the Surrogates Court to be appointed Section 17-A Guardian of that individual. It requires an affidavit of one physician and one clinical psychologist, or affidavits of two physicians, swearing that the disabled individual will be subject to harm absent the appointment of a guardian. Section 17-A guardianship is only appropriate in unique circumstances in which the disabled individual’s disability falls into one of the categories above and there is no expectation that the individual will recover to such an extent that the Guardianship will be unnecessary or inappropriate. Article 81 Guardianship Proceedings in Supreme Court An Article 81 Guardianship proceeding can be brought for any individual who is incapacitated regardless of the reason for his or her incapacity and regardless of when the condition began. It does not require a showing of incapacity by a physician. Instead it is a functional assessment in which the petitioner pleads that the incapacitated individual would be subject to harm absent the appointment of a guardian. The powers can be tailored to the unique needs of the disabled individual and the guardianship can terminate after a period of time if appropriate. https://www.andreagellenlaw.com/traffic daily 0.75 2020-03-17 https://www.andreagellenlaw.com/question daily 0.75 2020-04-07 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1582251444937-2S944IPTZ0WS7P4BLY7R/GELLEN+LAW+LOGO_STACK.jpg Question https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1586295436400-X4C3JBBQ93QQ4UP6WGUY/TRI+Logo.JPG Question https://www.andreagellenlaw.com/covid19 daily 0.75 2020-04-08 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1586295436400-X4C3JBBQ93QQ4UP6WGUY/TRI+Logo.JPG Covid-19 and Special Education https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1586380930462-WUHCTT1SFJTRXQZPS4VI/Screen+Shot+2020-04-08+at+5.20.58+PM.png Covid-19 and Special Education https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1582251444937-2S944IPTZ0WS7P4BLY7R/GELLEN+LAW+LOGO_STACK.jpg Covid-19 and Special Education https://www.andreagellenlaw.com/disclaimer daily 0.75 2020-07-29 https://www.andreagellenlaw.com/suzanne-holt daily 0.75 2023-11-28 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/f29ab9ac-b3bd-4d5b-b363-9c712227e5b4/Suzanne+Holt+HEADSHOT.jpg Suzanne Holt - Make it stand out Whatever it is, the way you tell your story online can make all the difference. https://www.andreagellenlaw.com/tarah-e-walsh daily 0.75 2023-12-17 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/e846940c-8ad6-496a-b36e-d094a8932321/image001.jpg Tarah E. Walsh - Make it stand out Whatever it is, the way you tell your story online can make all the difference. https://www.andreagellenlaw.com/martin-vonderau daily 0.75 2023-11-29 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/4a69b3b8-eff0-41ea-b954-1e1384117feb/Martin-Vonderau-VanDewater-photo1-WEB+%281%29.jpg Martin Vonderau - Make it stand out Whatever it is, the way you tell your story online can make all the difference. https://www.andreagellenlaw.com/closings daily 0.75 2023-11-27 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/1701051627590-KMZMA7CQOIVLUDWJBLKE/GettyImages-1409298953.jpg Closings - Residential & Commercial Closings Residential Real Estate Attorneys Purchasing a home is a major investment, and it is critical that you have the right lawyer protecting you when buying a house. At Gellen Law, we ensure that you feel confident and secure in the decisions you make regarding your purchase and sale of real estate. We will work to ensure the contract protects your rights and that you understand the implications of the contract. We promptly respond to inquiries and address any issues as the arise. Commercial Real Estate Attorneys Gellen Law handles a wide variety commercial real estate transactions. Many of these transactions can be especially complicated because they often involve local laws and regulations as well as complex financial considerations. As one of the leading law firms in the area of commercial land residential landlord/tenant matters, we are well versed in the rules and regulations that apply to the lease, sale and purchase of commercial real estate. https://www.andreagellenlaw.com/jeffrey-battistoni daily 0.75 2025-03-12 https://images.squarespace-cdn.com/content/v1/5e239a751a1efa0473276b33/418d67b2-c142-463e-a1c3-962f239f1171/jeffrey-s-battistoni.jpg Jeffrey Battistoni