Beyond Being Mortal: Safeguarding the Rights of People with Developmental Disabilities to Efficacious Treatment and Dignity at the End of Life
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OCTOBER 2016 VOL. 88 | NO. 8 JournalNEW YORK STATE BAR ASSOCIATION Beyond Being Mortal: Safeguarding the Rights of People with Developmental Disabilities to Efficacious Treatment and Dignity at the End of Life By Christy A. Coe Also in this Issue Spies, Lies and a Hollow Nickel Joint Accounts and Guardianships Marketability Discounts Domain Names and Trademarks Your practice is about to change! AN NYSBA Estate Planning System NOU NC Created by Michael O’Connor, Esq. ING } Through the power of HotDocs®, the leader in document automation technology, use interactive templates to pull in information you need throughout a document and across all related documents. } Significantly reduce the time you spend drafting documents. } Complete your clients’ documents with confidence by relying on the expertise of one of New York’s leading trusts and estates practitioners. 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Wilkes Tarrytown e-mail: [email protected] JANUARY 23 – 28, 2017 Hannah R. Arterian Syracuse Marvin N. Bagwell NEW YORK CITY Westbury New York Hilton Midtown Brian J. Barney Rochester 2017 Mark A. Berman New York City Katherine W. Dandy White Plains Janet M. DiFiore Albany Elissa D. Hecker Irvington Michael J. Hutter Albany Barry Kamins Brooklyn Paul R. Kietzman Latham Daniel J. Kornstein New York City Ronald J. Levine New York City Julia J. Martin Syracuse Marian C. Rice Garden City MANAGING EDITOR Daniel J. McMahon Albany e-mail: [email protected] ASSOCIATE EDITOR Nicholas J. Connolly Tarrytown PUBLISHER David R. Watson Executive Director REGISTRATION OPENS SOON. NYSBA PRODUCTION STAFF EDITOR BOOK YOUR HOTEL TODAY! Kate Mostaccio DESIGN Lori Herzing Erin Corcoran www.nysba.org/am2017 COPY EDITORS Alex Dickson Reyna Eisenstark Howard Healy EDITORIAL OFFICES One Elk Street, Albany, NY 12207 (518) 463-3200 • FAX (518) 463-8844 www.nysba.org ADVERTISING REPRESENTATIVE Fox Associates Inc. 116 West Kinzie St., Chicago, IL 60654 312-644-3888 FAX: 312-644-8718 New York: 212-725-2106 Los Angeles: 805-522-0501 Detroit: 248-626-0511 Phoenix: 480-538-5021 Atlanta: 800-440-0231 Email: [email protected] EUGENE C. GERHART (1912 – 2007) Editor-in-Chief, 1961 – 1998 CONTENTS OCTOBER 2016 BEYOND BEING MORTAL: SAFEGUARDING THE RIGHTS OF PEOPLE WITH DEVELOPMENTAL DISABILITIES TO EFFICACIOUS TREATMENT AND DIGNITY AT THE END OF LIFE by CHRISTY A. COE 8 DEPARTMENTS 21 Marketability Discounts in New York Statutory Fair Value Determinations 5 President’s Message by GREGORY A.