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Elder Law Institute X: Aging in Place

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

Please Note: This course has already been held.

Date: Friday, March 26, 2004

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM

Faculty
Schedule/Agenda
Registration Information

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The most fervent desire of most seniors is to continue to live in their own homes -- even if their children, physicians, and other advisors disagree. Many professionals emphasize the lack of safety, high costs, isolation, and other practical problems bound to affect older home owners. Yet rising costs of institutional solutions (nursing homes and assisted living facilities) and tight-fisted policies of public benefit programs, such as MassHealth, prompt reconsideration of whether elders wanting to "age in place" are right after all. Is "aging in place" a dignified response to individual automony or a delusion?

The 10th Annual Elder Law Institute sponsored by Suffolk Law School and the Massachusetts Chapter of NAELA, explores how "aging in place" can be realized, ethical concerns stirred by the decision to remain at home, and the mental capacity needed to make such decisions distinguishing between appropriate and "undue" influence. This Institute also features careful analyses of tax and control issues related to how homes are owned and will conclude with practical financial advice on how successful "aging in place" can be achieved.

Attend and Learn:
  • How to keep elders in their homes
  • What roles do attorneys and courts play in allowing elders to continue to live at home
  • The benefits of certain ownership interests and the positive and negative tax consequences to each type of form
  F A C U L T Y

  Michael F. Loring, , Esq., Chair
  Scituate, MA
   
  David J. Correira, Esq.
  Correira LLP
   
  William J. Brisk, Esq.
  Law Office of William J. Brisk, Newton
   
  Alex L. Moschella, Esq.
  Gosselin, Moschella, Kyriakidis & Tedesco PC
   
  Susan A. Atlas
  Adjunct Professor, Suffolk University Law School
Assistant Professor and Director of Paralegal Program at Bunker Hill Community College
   
  Peri Ann Aptaker, Esq., CPA/PFS, CFP®, CBA
  Kahn Litwin, Renza & Co., Ltd., Providence, RI
   
  M. David Blake, Esq., Chair
  Blake & Associates, Boston, MA
   
  Ellen A. Bruce
  Gerontology Institute, John W. McCormack Graduate School of Policy Studies, University of Massachusetts, Boston
   
  Professor James J. Callahan, Jr.
  Brandeis University, Heller School of Social Policy & Management, Waltham
   
  Ellen Feingold
  Jewish Community Housing for the Elderly (JCHE), Brighton
   
  Robert W. Langlois
  Probate & Family Court, Norfolk Division
   
  Leonard Raymond
  Homeowners Options for Mass. Elders (HOME), Boston
   
  Arkadiy Stolyar
  McLean's Hospital, Belmont
   
  S C H E D U L E / A G E N D A

9:00 Introduction - The Evolving Nature of Elder Law
Alex L. Moschella, Esq., Co-Chair



9:15 What Does It Mean to Age in Place?
  • Social and public policy issues of aging in place


  • Moderator, Alex L. Moschella, Esq., Professor James J. Callahan, Jr. and Ellen Feingold, President, JCHE


10:45 Break

11:00 Competence, Capacity, Undue Influence, and Substitute Judgement on Housing Decisions for Elders
  • How key decisions about elders staying at home confront lawyers in their practice and the courts
  • Medical techniques which test functional abilities
  • How courts determine whether influence has been "undue"
  • Bench and bar expectations of substitute judgment
  • Ethical issues which impact on effective counsel and advocacy

  • Moderator, William J. Brisk, Esq., Merrill David Blake, Esq., Honorable Robert Langlois and Dr. Arkadiy Stolyar


1:00 Lunch-On Your Own

2:00 Forms of Ownership & Choices of Entities in Elder Law
  • The various forms of ownership and choices of entities, including LLCs for Medicaid planning and transfers as well as the advantages and disadvantages of each
  • The use of these methods under revised MassHealth regulations
  • The benefits to certain ownership interests as well as the positive and negative tax consequences to each type or form
  • Hypothetical situations to provide a framework by which to select the best transfer method to gain the greatest advantage for clients

  • Moderator, David J. Correira, Esq., Peri Ann Aptaker, Esq., CPA, PFS,CFP, CBA and Susan A. Atlas, Esq, LLM


3:15 Break

3:30 Economic Issues of Aging in Place: Refinancing, Public Benefits Availability, Reverse Mortgages, Public Policy
  • Financial assistance, tax deferrals and equity transfers
  • Types of housing options both public and private, and the financial options available, including reverse mortgages
  • The physiological and safety issues from the perspective of the elder, the caregiver and the family.

  • Moderator,Ellen A. Bruce, J.D., Michael F. Loring, Esq., and Leonard Raymond, Executive Director, Homeowners Options for Mass. Elders


4:30 Q & A

5:00 Conclude

  G E N E R A L   I N F O

Date:  

Friday, March 26, 2004

Tuition:  

Tuition is $199; $179 for attorneys admitted to the Bar after 2001, members of NAELA and education subscribers. Course book and refreshments included in the tuition charge. A limited number of partial scholarships are available. Please submit a written request via fax 617-305-3099.



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:  

Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

Approved for CLE Credit in NY, RI, NH, VT & ME.



Special
Needs:
 

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




Directions to the Law School.

 

Unable to attend but are interested in the course materials?
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