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

Date: Friday, September 22, 2000

Location: Pleasant Valley Country Club, Sutton, MA
Time: 09:00 AM - 05:00 PM

The Third Annual New England Elder Law Symposium offers a unique experience for you and your staff. That’s right, your staff! We designed this program according to two tracks: one for experienced elder law practitioners, and the other for new lawyers or lawyers new to elder law, and law office staff, especially legal assistants and paralegals.

The Advanced Program includes substantive and law practice sessions. The morning substantive program begins with a program on step, post-eligibility, exempt, and spousal transfers. It concludes with a program on sophisticated planning techniques including special powers of appointment, annuities and notes, and income only and special needs trusts. The afternoon will address issues related to law office design and staffing, as well as multi-disciplinary practice.

The Basics Program will provide information and case studies for both new attorneys and attorneys looking to expand their elder law practice. You will learn about the preparation and filing of the Medicaid application, the process for establishing a higher community spousal resource allowance, the transfer of the house to the community spouse and the next planning step for the community spouse for protection of assets. You will learn the tax basics every elder law attorney should know such as the tax consequences of the transfer of the home and how to explain to your client the significant taxable events in connection with a Medicaid/Asset Protection Plan.

Make this your staff rejuvenator for the year. Bring your associates, paralegals, office managers and assistants! Benefit from the experience of attorneys throughout New England and build your network of contacts.

• Competency Issues
• Use of Durable Powers of Attorney and Health Care Proxy Documents
• Ethical Issues for Elder Law Attorneys Advising Elder Clients and Their Families
• Tax Basics Every Elder Law Attorney Should Know
• Medicaid Basics
• Overview of Nursing Home Law
• Other Important Public Benefit Programs the Elder Law Attorney Should Know About

Attend and Learn:

• Should you advise your client to make transfers as the “community spouse”?
• How do you calculate the minimum monthly maintenance needs allowance for the community spouse?
• Is your model durable power of attorney adequate for Medicaid planning purposes?
• How can you protect your client’s home?
• What tax consequences should be considered in connection with the transfer of assets into an irrevocable trust?
• How do the consumer protection statute and regulations apply to the nursing home client?

9:00 Transfers

• STEP - Transfers: Gifts to Children with Expectation of Trust and Use of Money for Care of Parents
• Transfer Tax Issues
• Post-Eligibility Transfers
• Two-Spouse Planning

11:00 Alternatives

• Special Powers of Appointment
• SCINs
• Use of Variable Annuities
• Income Only Trusts

12:30 Luncheon Program

The Future of Elder Law Practice

2:10 Law Office Organization, Design & Staffing

A panel of estate planning lawyers will share their personal models of law office structure from the traditional sole practitioner and small firm models to a niche firm and a boutique multi-disciplinary estate planning and elder law practice. Each will share their views of the effectiveness of their organization, their use of technology, and how they have changed or grown as well as their plans for the future.

3:20 Multi-Disciplinary Practice in Elder Law

The American Bar Association has been studying multi-disciplinary practice for several years. In Europe, the full service professional firm is a reality. The large accounting firms have already grasped the concept. We already know that some estate planning lawyers are also CPAs or financial planners. Some practitioners originally worked in social service or geriatric fields. This panel will discuss the ethics and malpractice problems with the concept of multi- disciplinary practice and discuss the ABA models. We will also discuss the status of the concept in each of the New England states.