| 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
Unable to attend but are interested in the course materials?
Purchase Here! |
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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
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Francis X. Small, Esq.,
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President, MA Chapter of NAELA Heaney and Small, LLP, Milford, MA |
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Paul Bernstein, Esq.
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Bernstein Law Group, PC, Salem, MA |
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Gene M Carlino, Esq.
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Carlino Law Associates, P.C., Providence, RI |
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John J. Ford, Esq.
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Director, Elder Law Project, Neighborhood Legal Services, Lynn |
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Susan Hassan, Esq.
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Hassan Law Firm, PLLC, Concord, NH |
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Bernard A. Krooks, Esq., CELA
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Littman Krooks LLP, New York City, NY |
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Brian W. Lindberg
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Consumer Coalition for Quality Health Care, Washington, DC |
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Patricia Nelson Reade, Esq., CELA
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Law Office of Patricia Nelson Reade, Portland, ME |
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Dianne Rosen Pallmerine, Esq., CELA
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Shelburne, VT |
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Matthew J Parker, Esq., CELA
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Marshall Parker & Associates, LLC, Williamsport, PA |
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Rene H. Reixach, Esq.
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Woods, Oviatt Gilman, LLP, Rochester, NY |
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Vincent J. Russo, Esq., CELA, Planning Committee
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Vincent J. Russo & Associates, PC, Westbury, NY |
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Suzanne R. Sayward, Esq.
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Samuel, Sayward and Baler, LLC |
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Sandra L. Sherlock-White, Esq.
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Law Offices of Sandra Sherlock-White, LLC, Newington, CT |
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Deborah J. Tedford, Esq.
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The Law Office of Tedford & Ceddia, PC, Mystic, CT |
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Mary WanderPolo, Esq., CELA
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WanderPolo Law, LLC, Montclair, NJ |
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Martin C. Womer, Esq.
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Maine Center for Elder Law, LLC, Kennebunk, ME |
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| 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
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| 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
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| 12:30 |
LUNCH (On Your Own) |
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| 1:30 |
THE NATIONAL LEGISLATIVE PICTURE |
| Brian W. Lindberg, NAELA Policy Consultant Consumer Coalition for Quality Health Care
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| 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
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| Date: |
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Friday, October 02, 2009 |
| Tuition: |
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Tuition is $199; $159 for Suffolk alumni, attorneys admitted to the Bar after 2006, members of NAELA.
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| Walk-Ins: |
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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.
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| Refunds: |
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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.
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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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This course will provide CLE credit in RI, NH, VT, 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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| Scholarships: |
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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.
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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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