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ELDERS IN THE FAST LANE: ADDRESSING INTERSTATE ISSUES

12th Annual Northeast Elder Law Symposium

Sponsored with the Massachusetts Chapter of NAELA

Please Note: This course has already been held.

Date: Friday, October 02, 2009

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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Cutting edge issues and difficult multi-state practice problems are the focus every year of the Annual Northeast Elder Law Symposium when Elder Law practitioners throughout New England, New York and New Jersey come together to discuss the impact of current issues on their elder clients. In recognition of the frequency with which elder law attorneys are faced with situations arising out of a mobile society, the morning panel will concentrate on issues that may have different criteria and different results, depending upon the domicile of the individual seeking benefits. The impact of same sex marriage partners’ benefits, accessibility of trust assets, protection of the elder through guardianship and conservatorship petitions and basic Medicaid eligibility criteria for individuals who move from one state to another will be examined.

After receiving the latest news on National NAELA’s legislative agenda for the coming year, the afternoon program then focuses on taking your client’s cases beyond the application phase. With an increase in the number of negative responses at the initial application phase based on arbitrary interpretations of the DRA, more and more cases are being taken to the Fair Hearing level and some on to court proceedings for review. You will benefit from learning about recent victories and challenges in some of the states that potentially affect all elder law practitioners.

Attend and Learn:
  • Impact on benefits for same sex couples who enter or leave your jurisdiction
  • How to handle cases where adult children argue over who is best suited to be guardian of the incapacitated parent and the battlefield crosses jurisdictions
  • Eligibility criteria for Medicaid. Will crossing state lines for nursing home admission treat retained life estate, IRA’s, assets, held in trust, etc. differently?
  • How procedural issues impact your client’s case should a negative Fair Hearing decision lead to further levels of appeal
  • Insuring the integrity of Special Needs Trusts-proper administration of trust assets is critical

  F A C U L T Y

  Francis X. Small, Esq.,
  President, MA Chapter of NAELA
Heaney and Small, LLP, Milford, MA
   
  Paul Bernstein, Esq.
  Bernstein Law Group, PC, Salem, MA
   
  Gene M Carlino, Esq.
  Carlino Law Associates, P.C., Providence, RI
   
  John J. Ford, Esq.
  Director, Elder Law Project, Neighborhood Legal Services, Lynn
   
  Susan Hassan, Esq.
  Hassan Law Firm, PLLC, Concord, NH
   
  Bernard A. Krooks, Esq., CELA
  Littman Krooks LLP, New York City, NY
   
  Brian W. Lindberg
  Consumer Coalition for Quality Health Care, Washington, DC
   
  Patricia Nelson Reade, Esq., CELA
  Law Office of Patricia Nelson Reade, Portland, ME
   
  Dianne Rosen Pallmerine, Esq., CELA
  Shelburne, VT
   
  Matthew J Parker, Esq., CELA
  Marshall Parker & Associates, LLC, Williamsport, PA
   
  Rene H. Reixach, Esq.
  Woods, Oviatt Gilman, LLP, Rochester, NY
   
  Vincent J. Russo, Esq., CELA, Planning Committee
  Vincent J. Russo & Associates, PC, Westbury, NY
   
  Suzanne R. Sayward, Esq.
  Samuel, Sayward and Baler, LLC
   
  Sandra L. Sherlock-White, Esq.
  Law Offices of Sandra Sherlock-White, LLC, Newington, CT
   
  Deborah J. Tedford, Esq.
  The Law Office of Tedford & Ceddia, PC, Mystic, CT
   
  Mary WanderPolo, Esq., CELA
  WanderPolo Law, LLC, Montclair, NJ
   
  Martin C. Womer, Esq.
  Maine Center for Elder Law, LLC, Kennebunk, ME
   
  S C H E D U L E / A G E N D A

9:00 WELCOME AND INTRODUCTIONS
Francis X. Small, Chair
President Elect, MA NAELA Chapter



9:10 ISSUES ARISING FROM OUR MOBILE-SOCIETY THE PRACTICAL IMPACT ON ELDER LAW PRACTICE
  • Same Sex Marriage Across State Lines
  • Trust Provisions
  • Jurisdictional Issues in Guardianship
  • Transfers of Guardianship Cases between States
  • Medicaid Eligibility
Moderator: Suzanne R. Sayward

Connecticut: Deborah Tedford

Maine: Martin C. Womer

Massachusetts: Paul Bernstein

New Hampshire: Susan Hassan

New Jersey: Mary WanderPolo

New York: Vincent J. Russo

Rhode Island: Gene M. Carlino

Vermont: Dianne Rosen Pallmerine



12:30 LUNCH (On Your Own)

1:30 THE NATIONAL LEGISLATIVE PICTURE
Brian W. Lindberg, NAELA Policy Consultant Consumer Coalition for Quality Health Care



2:45 LITIGATION, FAIR HEARINGS AND RECENT DECISIONS
  • Allocation of Settlement Proceeds from Personal Injury Cases and the Ability of States to Impose a Lien. Litigation regarding Post-DRA Planning Techniques including Promissory Notes, Annuities, Transfer Penalty for Residential Care, and Caregiver Agreements
  • Special Needs Trusts Administration Issues
  • Procedural Issues Surrounding Fair Hearings
  • Nursing Home Litigation Against Residents,
  • Responsible Parties, Attorneys in Fact

Moderator: Bernard A. Krooks
Panel: John Ford, Matthew J. Parker Patricia A. Nelson-Reade, Rene H. Reixach and
Sandra L. Sherlock-White



5:00 CONCLUDE

  G E N E R A L   I N F O

Date:  

Friday, October 02, 2009

Tuition:  

Tuition is $199; $159 for Suffolk alumni, attorneys admitted to the Bar after 2006, members of NAELA.



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:  

If for some reason you are not able to attend, you may send a substitute or call no later than the business day before to receive a refund less a $15.00 cancellation fee. Otherwise you will receive the course materials.



Location:  

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



Credit:  

This course will provide CLE credit in 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.



Scholarships:  

Are available to any attorney or professional employed in public service, or for whom attendance would otherwise present a financial hardship. For more information, call 617-573-8627.




Directions to the Law School.

 

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


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