| FUNDAMENTALS OF ELDER AND SPECIAL NEEDS LAW
CO-SPONSORED WITH THE MASSACHUSETTS CHAPTER OF NAELA
Please Note: This course has already
been held.
Date: Thursday, January 26, Through February 23rd 2012
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:15 PM - 07:45 PM
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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ABOUT THE SERIES Fundamentals of Elder and Special Needs Law is an in-depth, interactive, five-part series, taught by Massachusetts’ leading elder law and special needs attorneys. As an elder law and special needs practitioner, you need to have a firm understanding of available community, governmental and charitable programs and benefits, and know how to: help your clients protect their assets; determine legal capacity; counsel regarding estate taxes; draft trusts; use medical directives; counsel clients with special needs; and work with, and even serve as fiduciaries.
This course utilizes case studies and problems to teach the basic principles and the “how to’s” every elder law and special needs attorney needs to know. Ample time will be allotted to each topic for an in-depth discussion with opportunity to ask questions. Fundamentals of Elder and Special Needs Law is the only comprehensive course which provides a solid introduction to elder law and special needs practice in Massachusetts for new attorneys and for attorneys from other disciplines who are preparing to enter the field of Elder and Special Needs Law. Don’t miss this chance to learn new law or refresh your knowledge about this growing area of practice.
SESSION 1 THURSDAY, JANUARY 26, 4:00-7:30 P.M.
OVERVIEW OF PUBLIC BENEFIT PROGRAMS
Overview of eligibility for programs that support older persons and those with disabilities living in the community including: MassHealth; Medicare; Medigap; Social Security, Supplemental Security Income, Veterans’ Benefits, Section 8 Housing and Food Assistance Programs.
ATTEND AND LEARN What public benefit programs exist that impact elder/disability clients and eligibility criteria How to identify what benefits match clients need to live independently in the community or in other setting including assisted living, nursing home and other supportive housing arrangement. PANELISTS Alex L. Moschella, Esq., Moderator
Moschella & Winston, LLP
Karen B. Johnson, Esq.
Law Office of Madge & Johnson, PC
Diane F. Paulson, Esq.
Senior Attorney, Medicare Advocacy Project, Greater Boston Legal Services
Emily S. Starr, Esq.
Starr & Vander Linden, LLP
AGENDA 4:00
Welcome & Introductions --What Is Unique About Elder Law Practice?
Alex L. Moschella, Esq., Chair
4:15
Architecture of Public Benefit Programs - MassHealth Programs for Aged & Disabled: Standard, CommonHealth; Frail Elder Waiver; Special Programs and Group Adult Foster Care
- MassHealth for Long Term Care
- What do you need to know about s. 8 housing
Emily Starr, Esq.
5:00
How Does Medicare Work? - A broad overview of the key components of the Medicare program including original Medicare, Parts A&B, managed care plans, Medicare C; and outpatient prescription drug coverage, Medicare D
- What does Medicare NOT cover & why—including, but not limited to: Observation status and Improvement standard
Diane Paulson, Esq.
5:45
Q & A
6:00
Networking Break
6:15
Overview of Social Security & VA Benefits & Food Stamps - SSI/SSDI and SSI-G – What are these benefits and what clients need access to these benefits
- VA benefits – what need to know & impact of Aid & Attendance
- Food Stamps
Karen Johnson, Esq.
7:00
Panel Discussion and Open Questions on Case Studies
7:30
Conclude
SESSION 2 THURSDAY, FEBRUARY 2, 4:00-7:30 P.M.
MEDICAID PLANNING, LONG TERM CARE INSURANCE, ANNUITIES, AND APPLYING FOR LONG TERM CARE BENEFITS
Pre-Medicaid Planning, Triage Planning and Other Planning Options; Planning Strategies with the Use of Trusts; Annuities 101: Using Long Term Care Insurance as a Planning Option; Learn How to Complete a MassHealth Long-term Care Application, the Do's and the Don'ts.
Attend and Learn How to advise clients about effective Medicaid planning strategies, including transferring assets
How to use trusts to protect assets from the cost of nursing home care.
How to fill out and file a Long Term Care Application.
Dates and timing for responses to Requests for Information from Masshealth.
How to use both private and commercial annuities as last minute planning tools
PANELISTS Michael F. Loring, Esq., Moderator
Loring & Robinson
Matthew J. Marcus, Esq.
Colucci, Colucci, Marcus & Flavin, P.C.
Alex L. Moschella, Esq.
Moschella & Winston, P.C.
Suzanne R. Sayward, Esq.
Samuel, Sayward and Baler, LLC
Todd E. Lutsky, Esq., LL.M
Cushing & Dolan, P.C.
AGENDA 4:00
Welcome & Introduction
Michael F. Loring, Esq., Moderator
4:05
Hypothetical Case Presentation
Suzanne R. Sayward, Esq.
4:15 Medicaid Pre Planning, Triage Planning, Planning Options, Transfer of Asset Rules
Suzanne R. Sayward, Esq.
5:00
Planning Strategies Using Trusts, Testamentary Trust, Irrevocable Trust, Sole Benefit Trust, Promissory Notes
Matthew J. Marcus, Esq.
5:30
Q&A
5:45
Networking Break
6:00
Long Term Planning Using Annuities, Long-Term Care Insurance, Irrevocable Interest Only Trusts
Todd E. Lutsky, Esq.
6:30
Sample Medicaid Application for Long-Term Care – The Do’s and Don’ts-Spousal Income – Real Estate
Michael F. Loring, Esq. and Alex Moschella, Esq.
7:00
Panel Discussion and Q & A
7:30
Conclude
SESSION 3 THURSDAY, FEBRUARY 9, 2012, 4:00-7:30 P.M.
HEALTH & PERSONAL CARE PLANNING, AND ASSESSING CAPACITY
Legal Capacity vs. Mental Capacity; Determining Capacity; Advanced Directives Documents and Capacity; Guardianship/Conservatorship; How to Make Care, Medical and Life Sustaining Choices.
Attend and Learn - What advance planning directives are and when to use them
- How to determine whether your client has legal capacity
- How doctors determine mental and legal capacity
- Specialized techniques for interviewing elder clients
PANELISTS Ian S. Oppenheim, Esq., Moderator
Oppenheim & Cole, LLP
David Aptaker, Esq.
Law Office of David Aptaker
Leslie S. Madge, Esq.
Law Office of Madge & Johnson, PC
Dr. Alejandro Daniel Mendoza
Medical Director, Senior Behavioral Health Center, Jordan Hospital and Chief, Division of Psychiatry, South Shore Hospital
Harriet H. Onello, Esq.
Law Office of Harriet Onello
AGENDA 4:00
Introduction Ian Oppenheim, Chair
4:05
Legal Capacity vs. Mental Capacity
Leslie Madge, Esq. and Dr. Daniel Mendoza
4:15
Mock Interview of an Elderly Client to Determine Capacity
Harriet Onello, Esq., and Dr. Daniel Mendoza
Patient: Michael Loring, Esq.
4:35
The Elder Law Attorney’s and Physician’s Interpretation of the Results of the Interview
Harriet Onello, Esq., and Dr. Daniel Mendoza
5:00
An Examination of Various Advance Directives Documents and the Capacity Legally Required to Execute each:
- Living Will
- Letters of Intent
- Health Care Proxy
- HIPAA Authorization & Release
- Do Not Transport
- Do Not Resusitate
- Durable Power of Attorney
Leslie Madge, Esq., and Ian Oppenheim, Esq.
5:30
Q & A
5:45
Break
6:00 Guardianship/Conservatorship
- Substituted Judgment vs. Best Interest
- Less Restrictive Alternatives
- HCP Authorizations
- When Is Consent Informed?
David Aptaker, Esq., and Dr. Daniel Mendoza
6:30
Discussions with Families about the Care, Medical and Life Sustaining Choices and Related Personal Life Choices. Case Studies
Ian Oppenheim, Moderator
David Aptaker, Esq., Leslie Madge, Esq., Dr. Daniel Mendoza and Harriet Onello, Esq.
7:15
Q & A
7:30
Conclude
SESSION 4 THURSDAY, FEBRUARY 16, 4:00-7:30 P.M.
FIDUCIARY REPRESENTATION
Types of Fiduciary Roles—How Are Fiduciaries Selected and Dismissed? What Authority and Duties Do They Have?
Litigation and Administrative Advocacy—Issues of Contested Capacity; Elder Abuse; How to Appeal MassHealth Decision
ATTEND AND LEARN What does a fiduciary do and what authority does s/he have?
How to represent a fiduciary
What are possible reasons for contesting a will or trust?
What to do in a case of elder abuse
What is the process for bringing an administrative appeal of a MassHealth decision?
PANELISTS William J. Brisk, Esq., Moderator
Law Office of William J. Brisk
Linda G. Bauer, Esq.
Assistant Bar Counsel, Office of the Bar Counsel
Carol C. Klyman, Esq.
Shatz, Schwartz & Fentin, P.C.
John Ford, Esq.
Director, Elder Law Project, Neighborhood Legal Services, Inc.
Timothy D. Sullivan, Esq.
AndoverLaw, P.C. AGENDA
4:00
Welcome & Introductions
Types of fiduciary roles: “voluntary” (Trustee, Agent, Proxy, Representative Payee) and court-appointed (Executor or personal representative of a decedent’s estate, Guardian, Conservator, and Trustee)
William J. Brisk, Chair
4:15
How are these positions appointed/selected? How are such fiduciaries dismissed?
Carol Klyman, Esq.
4:30
What duties does an attorney have in representing such fiduciaries OR in serving as a fiduciary? Monitoring fiduciaries
Linda Bauer, Esq.
5:00
Panel Discussion 5:15
Q & A
5:25
Networking Break
5:40
Fiduciary Litigation: Equity Jurisdiction
Choice of Forum; Wills and Trusts - Are the Documents Valid?; Standard of Proof; Fraud; Undue Influence; what is a Fiduciary Relationship and How Does it Change the Standard of Proof?; Duties of Fiduciary and Breaches of Fiduciary Duty; Remedies Timothy Sullivan, Esq. 6:10
Case Study
6:25
Elder Abuse: Administrative & Judicial Actions
John Ford, Esq.
6:45
MassHealth Appeals 101
Carol Klyman, Esq.
7:15
Q & A
7:30
Conclude
SESSION 5 THURSDAY, FEBRUARY 23, 4:00-7:30 P.M.
PLANNING, DRAFTING, AND ADMINISTERING SPECIAL/SUPPLEMENTAL NEEDS TRUSTS: TAXES AND RELATED ISSUES
What Does Special Needs Mean? How to Maximize Benefits from Government Programs, What Programs Are Available and How to Maximize; Drafting and Management of Special Needs Trusts; including Tax Compliance.
ATTEND AND LEARN How to recognize and identify special needs issues
How to maximize benefits for your client
Drafting tips for a special needs trust
How to administer a special needs trust
What are the important tax issues to watch
PANELISTS Philip D. Murphy, Esq., Moderator
Law Office of Philip D. Murphy
Ken W. Shulman, Esq.
Day Pitney LLP
Theresa M. Varnet, Esq.
Fletcher Tilton, P.C.
Neal A. Winston, Esq.
Moschella & Winston, LLP
Mark W. Worthington, Esq.
Oppenheim & Cole, LLP
AGENDA
4:00
What Does Special Needs Mean? How to Recognize?
Philip D. Murphy, Esq.
4:15
Basic Benefits Programs Available and How to Maximize
Ken W. Shulman, Esq.
4:45
How to Plan and Draft
Neal A. Winston, Esq.
5:15
Distribution from Special Needs Trust
Theresa M. Varnet, Esq.
5:45
Tax issues
Mark W. Worthington, Esq.
6:00
Q & A
6:15
Networking Break
6:30
Scenarios
7:15
Q & A
7:30
Conclude
| Date: |
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Thursday, January 26, Through February 23rd 2012 |
| Tuition: |
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$275; $225 for Suffolk Alumni and attorneys admitted after 2010. The course materials for this program will be published electronically and will be emailed to you prior to the conference. If you would like to purchase a hard copy, there will be an additional charge of $35.00. Order by January 5, 2012 and it will be available for pickup at the program.
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| Walk-Ins: |
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Please call 617.573.8627 to confirm space availability.
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| Refunds: |
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There is a $15.00 cancellation fee if you cancel the business day before. Otherwise, you will receive the course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT and ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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