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Fourth Annual New England Elder Law Symposium

Sponsored with the Massachusetts Chapter of the National Academy of Elder Law Attorneys

Please Note: This course has already been held.

Date: Friday, September 14, 2001

Location: Pleasant Valley Country Club, Sutton, MA
Time: 09:00 AM - 04:30 PM

Schedule/Agenda
Registration Information

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The Fourth Annual New England Elder Law Symposium will highlight a new phase in the practice of elder law, evidenced by more complicated and sophisticated practice concerns as well as major tax changes at the federal level and developing case law trends around the country and in New England.

The program features an update on federal income and estate tax reform and new IRA minimum distribution rules. A tax basics session will be held for new practitioners and staff, so bring your paralegals. A plenary session for everyone will review what is new in New England regarding Medicaid planning including the recent Connecticut proposals. Another session addresses difficult ethical issues around guardianship.

New attorneys and paralegals will benefit from concurrent workshops dealing with Medicaid transfers, applications and appeals. Seasoned practitioners will be challenged with presentations and discussions about traps for the unwary with specific cases and hypotheticals.

The President of NAELA will deliver the keynote luncheon address on The Future of Elder Law. A final plenary session will feature Thomas D. Begley, Jr., Esq., one of NAELA’s preeminent speakers and authors who will end the day with a presentation on Managing and Marketing Your Elder Law Practice.

Make the Fourth Annual New England Elder Law Symposium your office jump-start for the next year. Set aside the time today and bring your assistants. If you attend only one program in the next year, this should be it! Don’t delay. Seating is limited. Last year’s program filled up quickly.

  S C H E D U L E / A G E N D A

9:00 Welcome & Introductions

9:15 Medicaid Planning: What’s New in New England?
Developments in each of the New England states regarding annuities, community spouse protections, estate recovery, trusts and other common Medicaid planning techniques. The panelists, each experienced Medicaid planning attorneys, will review what is working and what is not in their respective states.

Moderator: Mark Heffner, Esq., Heffner & Associates, RI
Panel: Edward D. Beasley, Esq., Beasley & Ferber, NH
Kathleen E. Kienitz, Esq., Carlin & Keintz, ME
Whitney M. Lewendon, Esq., Coan, Lewendon, Royston & Gulliver, CT
Alex L. Moschella, Esq., Moschella & Winston, MA
Mark L. Tapper, Esq., Springfield, VT



10:15 Break

10:30 Concurrent Workshops I
Basics: Medicaid Transfers and Planning


The fundamentals of Medicaid transfers and basic planning techniques includes gifts, exempt and spousal transfers, community spouse resource allocations, life estate deeds and the use of irrevocable and revocable trusts as well as commercial annuities.

Leslie Sleeper Madge, Esq., MA

Advanced: Developing Case Law Trends


The use of various forms of trusts and annuities are increasingly coming under attack by regulators and the courts, yet traps for the unwary may be avoided with careful drafting and planning. Specific cases and examples will be reviewed and analyzed in order to generate discussion.

David J. Correira, Esq., MA & RI
Matthew J. Marcus, Esq., Colucci & Colucci, PC, MA



11:15 Concurrent Workshops II
Basics: Medicaid Applications and Appeals


  • Applications - including timing, effective date of assistance, required documents, length of application process, contact with eligibility worker while application is pending, action by agency on application
  • Appeals of agency action, including administrative review/fair hearing, judicial review/state court appeals, action in Federal Court
George Bickford, Esq., CT
Ian S. Oppenheim, Esq., Oppenheim & Maire, LLP, MA

Advanced: Medicaid Trusts and Annuities


  • Medicaid trusts including - states’ adoption of OBRA 93 trust and transfer regulations; inter vivos trusts created prior to application; treatment of OBRA 93(d)(4) trusts; post-eligibility and testamentary trusts
  • Annuities including state policies; recurring client concerns

Emily S. Starr, Esq., Ciota, Starr & Vander Linden, MA
Deborah J. Tedford, Esq., Tedford, Gianni, Jensen & Laffey, CT



12:00 Plenary Session and Luncheon - The Future for Elder Law
Charles P. Sabatino, President, NAELA



1:30 Concurrent Workshops III
Basics: Tax Basics Elder Law Attorneys Should Know


  • Overview of the tax basics every elder law attorney should know
  • What are the tax consequences associated with the transfer of the home using a life estate deed or an irrevocable trust planning option?
  • How will the client’s current real estate tax abatement be affected by a transfer?
  • What are the significant taxable events that take place in a basic Medicaid plan involving the transfer of assets?

Mark W. Dost, Esq., Tinley, Nastri, Renehan & Dost, LLP, CT

Advanced: Estate Tax and IRA Minimum - Distribution Rules Update


  • Overview of recent developments and how they affect your estate planning practice
  • What is happening with estate tax reform?
  • Review of how new rules effect required minimum distributions and the impact on estate tax planning
  • How do you advise the client in the designation of a beneficiary for the IRA as part of your estate planning advice?
Jane Skelton, Esq., Rudman & Winchell, LLC, ME



2:30 Plenary Session: Issues and Ethics of Guardians, Conservators, Advance Directives, and Elder Law Attorneys
Elder Law attorneys frequently advise and counsel older persons and their families to plan for potential incapacity with Advance Directives. Sometimes a guardian and conservator must be appointed when the Advanced Directives are nonexistent or not appropriate. This session examines New England law, procedure and ethical considerations.

  • The lawyer’s duties of loyalty and confidentiality in an intergenerational conflict between an older person with deteriorating cognitive ability and other family members
  • Legislative and judicial treatment of Advance Directives when a guardian or conservator is appointed
  • Treatment of Advance Directives, guardians and conservators originating in other New England states.

William J. Brisk, Esq., MA
Charles P. Sabatino, President, NAELA
Timothy M. Vogel, Esq., Vogel & Associates, ME



3:30 Plenary Session: Management & Marketing of Your Elder Law Practice
Thomas D. Begley, Jr., Esq., Begley, Begley & Fendrick, P.C., New Jersey



4:30 Adjourn & Reception

  G E N E R A L   I N F O

Date:  

Friday, September 14, 2001

Tuition:  

Tuition is $199; $159 for members of the NAELA, attorneys admitted since 1998, and paralegals. Tuition includes refreshments and course book.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

Any cancellations received 24 hours prior to the program will be granted a refund, minus a $15.00 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.



Location:  

Pleasant Valley Country Club, Sutton, MA



Credit:  

Approved for CLE Credit in RI, NH, VT & NY. Includes one hour of ethics credit.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.




 

Unable to attend but are interested in the course materials?
Purchase Here!


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