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Anthony J. Enea
Section Chair
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Welcome to the
Elder Law Section’s Website!
I am
truly honored and privileged to have the opportunity to serve as Chair
of our esteemed Section for the coming year.
Over the last two decades,
I have had the pleasure of working with so many of our Past Chairs, who
have created the foundation for our Section’s success and have
helped inspire me. I am also honored to have the opportunity to
work with my fellow officers, Fran Pantaleo, Richard Weinblatt, Julie
Ann Calareso and David Goldfarb. Each of the aforementioned, as
well as the members of our Executive Committee, bring a wealth of
talents and energy to our Section. I am confident that through our
collaboration we will be able to continue our success.
Our success is the result
of the totality of each of our individual efforts and hard work.
The hard work and efforts of each of our Officers, Committee Chairs,
Vice Chairs, Liasions, Delegates, and each and every active member
significantly contributes to the success of our Section. Whether
it be a large significant legislative achievement, or an obscure
achievement that does not make the headlines, all of our achievements,
large and small, significantly contribute to our overall success. In the
next few months, I will be conferring with each Committee to insure that
they have developed an agenda of goals and initiatives for the upcoming
year, and that they are taking all of the necessary steps to implement
their initiatives. Through all of our combined efforts will we be
able to ensure the continued viability and importance of our
Section.
The following are some
initiatives that we believe will help ensure the future success of our
membership and the Section:
Consistently provide
CLE programs that provide a significant comprehensive focus on the
Practice Management needs of our members. Our membership has
regularly requested and positively responded to CLE programs that have
placed an emphasis on Practice Management. Whether it be
developments in technology, social media or the more mundane topic of
organizing one’s workload, consistently providing our membership
with the Practice Management tools is imperative. It is our goal
to utilize both traditional CLE programs, telephonic seminars and
webinars to provide our membership with this valuable
knowledge.
In
keeping with our goal of assisting our members with the development of
their skills as Elder Law Attorneys, we are in the process of creating a
Study Group Database. The goal is to encourage our members,
particularly our newly admitted members, to join and form study
groups. We are hopeful that this will allow our members to freely
interact and discuss legal matters and issues with seasoned
practitioners: I believe this initiative will work hand in hand
with, and help strengthen the efforts of our Mentoring Committee, which
is chaired by Past Section Chairs, Joan Robert and Tim
Casserly;
As
you may be aware, there has been significant concern over the last few
years as to non attorneys providing legal advice within the realm of
Elder Law. I have chaired our Unauthorized Practice of Law Task
Force, which has researched this issue in great detail. A survey
was sent to our members requesting their input and information
concerning specific cases where the unauthorized practice has
financially damaged a member of the public. The work of this Task Force
will be a continuing objective of our Section in the months to come. The
response of our membership will be critical to our development of a
strategy to address this growing problem;
As in the past,
our Section will proactively continue to monitor and promote legislative
initiatives. We have truly been blessed with a Legislation Committee
that has consistently been at the forefront of all State Bar legislative
initiatives. This year our Legislation Committee will be chaired
by Amy O’Connor and Ira Salzman;
In keeping with the
challenge and initiative of our State Bar President, Seymour James, our
Diversity Committee will continue its work to make our Section as
inclusive and diverse as possible. To that end, the Committee will
be challenged to develop specific ascertainable standards to measure the
level and extent of the diversity within our Section and what steps we
can take to increase that diversity;
Attracting new
members to our section is of critical importance to our continued
success. Like our clients, the membership of our Section is
aging. Yes, we are wiser, however, the statistics show we are
getting older. Our Membership Committee and our Liaisons to
Law Schools will be called upon to coordinate a comprehensive plan to
attract younger attorneys to our Section and to the practice of Elder
Law. New members are the life blood of our Section and we need to
cultivate them.
As your
Chair, I will be available to address any questions, concerns and
suggestions you have about our Section. I encourage you to call me
or email me with any questions, and to express any interest you have in
becoming an active member in our Section. There is room in every
Committee and Task Force for your involvement. For those of you
who aspire to become Section leaders, I have two words for you,
“Get Involved”. Once you do, your hard work,
initiative and contributions will be recognized.
In conclusion, for
differing reasons each of us became attracted to the practice of Elder
Law. However, one common reason for this attraction is our passion
and core belief that devoting our life’s work to the rights of
seniors and the incapacitated is a noble and just cause.
Thank you for your
confidence.
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ATTORNEY SPEAKERS STILL
NEEDED - SEE THE LIST OF UNMATCHED
PROGRAMS.
2013
Mitchell Rabbino National Healthcare Decision Day is Tuesday,
April 16, 2013. For the past 18 years, the Elder Law Section has
sponsored and promoted its Mitchell Rabbiono National Healthcare
Decisions Day to inform the public about the importance of
advanced directives. Through this volunteer, public-Service
project, volunteer lawyers will give free presentations explaining legal
procedures and documents to help attendees make better, more
informed health care and financial decisions. Your decisions
mattmer! Click the link above for more
information.
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2012 Section Leaders Conference
Elder
Law Section Mission Statement
Compact for Long
Term Care
The New York State Bar Association Elder Law Section's Long Term Care
Reform Committee proposed an alternative method of financing Long Term
Care in a way that seeks to help New York State residents access the
Long Term Care they need while at the same time curbing the burgeoning
costs of the Medicaid Program. This proposal, entitled The Compact,
brings a new approach to determining an applicant's eligibility for
government-subsidized Long Term Care services. The Compact Working
Group, a subcommittee of the Long Term Care Reform Committee, has
devised a novel plan that is both realistic and pragmatic. Read more
about this innovative approach to Long Term Care financing in an article
by Vincent J. Russo, Esq. and Howard S. Krooks, Esq. (Compact Article PDF).
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Loislaw LawWatch
Loislaw LawWatch is provided as a service of Loislaw.com, a division of Aspen Publishing. Loislaw LawWatch provides access to recent cases based on the search criteria provided by your section. The search criteria may be by area of practice, by court, and /or by date. The NYSBA also provides a basic level of free legal research to all members. You may access free legal research from Loislaw through your MyNYSBA page or through For Attorneys.
social security - social security
KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012)
No. 10-1121
Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
And isn't it likely that most employees who choose not to join the union that represents their bargain ...
EPTL or SCPA - EPTL or SCPA
IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012)
2008-294/D & E
Decided on June 19, 2012
Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardi ...
social security - social security
IN THE MATTER OF MISERENDINO v. CITY OF MOUNT VERNON, 2011-00807 (2d Dept 6-20-2012)
2011-00807
Decided on June 20, 2012
DECISION ~amp~ JUDGMENT The petitioner was employed by the City of Mount Vernon Fire Department (hereinafter the City) from 1975 un ...
article 81 - article 81
IN THE MATTER OF SAMUEL S., 2011-10147 (2d Dept 6-20-2012)
2011-10147
Decided on June 20, 2012
In a consolidated proceeding pursuant to Mental Hygiene Law article 81 to appoint Simon S. as the guardian of the person and property of his brother, Samuel ...
social security - social security
LARRABEE v. BRADSHAW, 513261 (3d Dept 6-21-2012)
513261
Calendar Date: April 16, 2012 Decided and Entered: June 21, 2012
"On a motion for summary judgment dismissing a complaint that alleges a serious injury under Insurance Law § 5102 (d), the defendan ...
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