Practical Skills - Basic Elder Law Practice

- Location -
Holiday Inn Mt. Kisco
1 Holiday Inn Drive
Mount Kisco, NY 10549
(914) 241-2600

This program offers a total of 7.0 MCLE Credits (4.5 professional practice; 1.5 skills; 1.0 ethics)

By attending this program, you will:

• Gain a basic understanding of what Elder Law Practice is all about
• Learn the basic knowledge needed to advise the elderly client in New York State
• Learn about Medicaid, Medicare, financial and medical directives and guardianship law
• Be able to help your clients by spotting the important issues
• Gain the confidence to launch your elder law career
• Gain valuable knowledge from a panel of experts

Co-sponsored by the Elder Law Section and the Committee on Continuing Legal Education of the New York State Bar Association

PROGRAM DESCRIPTION

This full-day practical skills program is designed for attorneys who want to understand what elder law practice is all about, or who are looking for a quick refresher course on the basic knowledge needed to advise the elderly in New York. The local faculties, comprised of experienced elder law attorneys, will deliver clear direction in topics such as Medicaid, Medicare, financial and medical directives and guardianship law. Practitioners who attend this program will, at the very least, be able to help their clients by spotting the important issues; others will gain the necessary confidence to launch their elder law careers. Either way, this program is a winner that should not be missed.

WHO SHOULD ATTEND

• All attorneys seeking a fundamental but practical overview of handling a basic elder law matter
• Attorneys practicing in the area of Elder Law or Trusts & Estates Law

AGENDA

NOTE:  THE WESTCHESTER AGENDA IS BEING PRESENTED IN A SLIGHTLY DIFFERENT ORDER TO ACCOMMODATE SPEAKER SCHEDULES.

8:30-9:00        REGISTRATION

9:00-9:30
1. ADVANCED DIRECTIVES

A. Discussion of Health Care Proxy and Living and the Family Health Care Decisions Act
B. Review of Medical Orders, including DNRs and MOLST
C. Discussion of Power of Attorney, including drafting

9:30-10:25
2. BASIC DRAFTING

A. Last Wills and Testaments
B. Codicils – Their Use, If Any
C. Revocable Trusts
D Special Needs Trusts
E. Trusts for Tax Planning and Other, Non-Medicaid Related Needs

10:25-10:40         BREAK

10:240-11:15
3. MEDICARE, MEDIGAP, LONG TERM CARE INSURANCE

A. Medicare, including 2013 rates, limitations on coverage, applying for benefits and challenging denials
B. Medigap policies and how to counsel your clients on evaluating them
C. Basics on Long Term Care Insurance including Partnership policies and traditional polices

11:15-11:50
7. COMMUNITY MEDICAID/HOME CARE SERVICES

A. Basic information on home and community based Medicaid and the 1115 Waiver
B. Introduction to community Medicaid and community Medicaid with long term care service
C. Introduction to Managed Long Term Care and implementation of forced enrollment for community Medicaid benefits

11:50-12:50       LUNCH (on your own)

12:50-1:15
5. BASIC MEDICAID

A. Basic Medicaid eligibility rules
B. Income and Asset Levels for 2013
C. Transfer Penalties
D. Community Medicaid rules vs. Chronic Care/Institutional Care rules

1:15-2:15
6. MORE ON MEDICAID

A. Promissory Note Planning
B. Rules on Special Assets, including Annuities
C. Exempt transfers and other planning techniques

2:15-3:05
4. ETHICS

A. Ethics for the Elder Law Attorney

3:05-3:15         BREAK

3:15-3:50
8. GUARDIANSHIP

A. Introduction to Article 81 Guardianship
B. Proper Parties and their Roles
C. Overview of Pleadings, timeline, process and resolution

3:50-4:25
9. HOSPITAL DISCHARGE, NURSING HOME ISSUES, AND HOUSING ALTERNATIVES

A. Preparing your client for the hospital discharge
B. Evaluating a Nursing Home Admissions Agreement
C. Overview of alternative housing arrangements

4:25         ADJOURNMENT

IMPORTANT NOTICE

PARTIAL CREDIT FOR PROGRAM SEGMENTS NOT ALLOWED.
Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot receive MCLE credit for a program segment unless they are present for the entire segment. Persons who arrive late, depart early, or are absent for any portion of the segment will not receive credit for that segment.

CREDIT BREAKDOWN

• 4.5 Professional Practice (Topic 3*, 5*, 6*, 7, 8, 9)
• 1.5 Skills (Topic 1, 2)
• 1.0 Ethics (Topic 4)
• * CPE

PROGRAM FACULTY

Overall Planning Chairs

• Sharon Kovacs Gruer, Esq., Sharon Kovacs Gruer, PC, Great Neck, NY
• T. David Stapleton, Jr., Esq., Karpinski Stapleton Galbato & Tehan, PC, Auburn, NY
• Anthony J. Enea, Esq., Enea, Scanlan & Sirignano LLP, White Plains, NY

Program Chairs

• JulieAnn Calareso, Esq., Burke & Casserly, P.C., Albany, NY
• Richard A. Weinblatt, Esq., Haley Weinblatt & Calcagni, Islandia, NY

Westchester (Mt. Kisco) Panel

Chair:

• Anthony J. Enea, Esq., Enea, Scanlan & Sirignano LLP, White Plains, NY

Panel:

• Patricia Bave-Planell, Esq., Marcus Ollman Kommer LLP, New Rochelle, NY
• Salvatore M. DiCostanzo, Esq., McMillan, Constabile, Maker & Perone, LLP, Larchmont, NY
• Valerie J. Bogart, Esq., New York Legal Assistance Group, New York, NY
• Charles J. Newman, The Charles J. Newman Co., LLC, Hawthorne, NY
• Vincent P. Mancino, Esq., Law Office of Vincent P. Mancino, Bronx, NY
• Robert J. Kurre, Esq., Kurre Levy Schneps LLP, Great Neck, NY
• Frances M. Pantaleo, Esq.,Walsh Amicucci & Pantaleo LLP, Purchase, NY
• Sara Meyers, Esq., Enea, Scanlan & Sirignano, LLP, White Plains, NY
• Tammy R. Lawlor, Esq., Miller & Milone, P.C., Garden City, NY
• Neil T. Rimsky, Esq., Cuddy & Feder LLP, White Plains, NY

MCLE CREDIT

7.0 Total Credits (4.5 professional practice; 1.5 skills; 1.0 ethics)

This course has been approved for MCLE credit in New York for all attorneys, including newly admitted (less than 24 months).

This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.0 hours of total CLE credit. Of these, 1.0 qualify as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers compensation law and/or matrimonial law. This course does not qualify under any of the nine specified new admit areas, in five of which New Jersey attorneys admitted in 2009 or thereafter, in their first full two-year compliance period, must take 15 of their 24 required credit hours (see BCLE Reg. 201:2).

This program has also been approved for MCLE credit by the State Bar of California and the Pennsylvania Continuing Legal Education Board for 5.0 credit hours of substantive law and 1.0 credit hour of ethics. All inquiries regarding MCLE credits may be directed to (518) 487-5606.

This course includes 0.0 credit hours for the Continuing Professional Education (CPE) requirements of New York and New Jersey CPAs. Sponsor numbers: New York: 000026; New Jersey: 20CE00099900.

The New York State Bar Association’s Committee on Continuing Legal Education has been certified by the New York State Continuing Legal Education Board as an accredited provider of continuing legal education in the State of New York.

ELECTRONIC COURSE MATERIALS (ECM) 

COURSE MATERIALS FOR NYSBA CLE PROGRAMS ARE NOW DISTRIBUTED ELECTRONICALLY!

All program materials are distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice.  A CLE NotePad © (paper) will be provided to all attendees at the live program site.  The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing.

Prior to a scheduled program date, all registrants will receive an email message containing a hyperlink that when clicked will provide you with access to the complete course materials in a searchable PDF format which can be downloaded to your computer using the “Save As” option under your “File” tab. Printing the complete materials is not required for attending the program. Online materials are updated periodically to reflect last minute submissions from program faculty, guaranteeing that you will always have the latest version of the materials.

Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.

Directions

From Points North: Via I-684. Take I-684 south to exit 5 Saw Mill Parkway. Continue on Parkway 3.7 miles to "Kisco Ave." Exit 37. Make left off exit ramp onto Kisco Ave. Go under over pass, immediately after Volvo dealership, make left onto Holiday Inn Drive. From Points South: Via Saw Mill Parkway. Take Saw Mill Parkway north to 'Kisco Avenue' (exit 37). Make left off exit ramp onto Kisco Avenue. Make left onto Holiday Inn Drive (just after Volvo). From Points South: Via I-684. I-684 north to exit 4 Bedford/Mt. Kisco, make left off exit ramp onto Rte. 172. Travel to end of Rte. 172 facing (Northern Westchester Hospital) bear right onto Rte 117 and continue through town. Bear right near St. Mark's Church and continue on Rte 117. At traffic light/intersection at Applebee's make left onto Preston Way. End of Preston Way, at light, turn right onto Kisco Ave., Holiday Inn Drive is the second right.

The last day to pre-register online is May 20, 2013. Register online now

Members, please login to get member discounts.

Seminar
WC-Registration	$165.00

Seminar
WC-Registration	$265.00

Seminar
WC-Registration	$60.00

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.