Sections & Committees

Elder Law and Special Needs Section

THURSDAY, JULY 18 - SATURDAY, JULY 20, 2019
BOSTON MARRIOTT LONG WHARF
296 STATE STREET
BOSTON, MASSACHUSETTS

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New York CLE Credit:  10.0; 6.0 credits in Professional Practice, 1.0 in Skills, 1.0 in Ethics, 1.0 in Law Practice Management and 1.0 in Diversity, Inclusion and Elimination of Bias for both newly admitted and experienced attorneys.   Please note:  newly admitted attorneys are not eligible to receive Diversity credits. 



SCHEDULE OF EVENTS

THURSDAY, JULY 18

9:00 - 10:00 am           
Executive Officer’s Meeting:  Quincy Room 

9:00 am - 5:30 pm     
Registration: Front Foyer 

10:15 am - 12:30 pm  
Executive Committee Luncheon Meeting: Salons G, H & I  

12:00 – 5:30 pm          
Visit with our Exhibitors: Front Foyer

1:15 to 5:30 pm          
GENERAL SESSIONS:  Salons A-F
Wifi Sponsor: 
QUONTIC BANK


1:15 - 1:45 pm             
Welcoming Remarks: Tara Anne Pleat, Esq., Wilcenski & Pleat PLLC, Section Chair 
NYSBA Welcome: Henry M. Greenberg, Esq., New York State Bar Association President
Program Introductions: Jeffrey A. Asher, Esq. and Judith M. Nolfo, Esq., Program Co-Chairs 

1:45 - 2:35 pm             
Executive Hour – Understanding Disability
This session, designed to provide attendees with a Diversity Credit, will focus on improving attorneys’ understanding of the concerns and issues faced by individuals with disabilities as it relates to independence, decision-making and self-determination. 

Panelists:                     
Christopher R. Lyons, Esq., Executive Director, AIM Services, Inc., Saratoga Springs
June MacClelland, Senior Director and Chief Compliance Officer (and Parent), AIM Services, Inc., Saratoga Springs

2:35 - 2:45 pm             
Refreshment and Snack Break with Exhibitors: Front Foyer
Break Co-Sponsor: ARTHUR B. LEVINE COMPANY                                   

2:45 - 3:35 pm             
THE OPWDD Service Delivery System
Discussion will focus on the future of service delivery for the ID/DD population.  What is the Office for Developmental Disabilities (OPWDD)? What is the Medicaid Waiver and how is it implemented? What is life like interfacing within the OPWDD System from the parents’ perspective and from an Executive Directors’ Perspective? What are the gaps practitioners advising families need to be aware of and plan for? What do the next ten years in the OPWDD system look like?

Speaker:                      
Mary Ann Allen, Esq.
, Executive Director, Wildwood Programs Inc., Schenectady

3:35 - 4:00 pm             
Refreshment Break with Exhibitors: Front Foyer
Break Sponsor: PREMIER HOME CARE 

4:00 – 5:30 pm            
Surrogates Session: Special Needs Trusts, Guardians Ad Litem, Article 17-A
Using a few common fact patterns, this panel will focus on issues related to  guardianship, disability and supplemental needs trusts.  Judges will be asked to explain their approach to procedural aspects of the practice, and to provide their insight into some of the broader challenges that arise in representing individuals with disabilities and the fiduciaries who serve them.

Moderators:                
Edward V. Wilcenski, Esq., Wilcenski & Pleat PLLC, Clifton Park
Ron M. Landsman, Esq., Landsman Law Group, Rockville, MD

Panelists:       
Honorable Peter J. Kelly, Queen’s County Surrogate’s Court, Jamaica 
Honorable Richard Kupferman
, Saratoga County Surrogate’s Court, Ballston Spa
Honorable Acea M. Mosey
, Erie County Surrogate’s Court, Buffalo
Honorable Brandon R. Sall, Westchester County Surrogate's Court, White Plains 

6:00 – 8:00 pm            
WELCOME Cocktail Reception:  Harborview Ballroom
Reception Sponsor: RDM FINANCIAL GROUP AT HIGHTOWER 

Dinner on your own this evening


FRIDAY, JULY 19

7:30 - 8:30 am            
Friends of Bill W. Meeting 

8:00 am                       
Registration and Continental Breakfast with Exhibitors: Front Foyer 

8:00 - 9:00 am             
Elder Law and Special Needs Section Committee and District Delegate Breakfast Meetings: Harborview Ballroom 

9:00 am – 1:00 pm     
GENERAL SESSION:  Salons A-G
Wifi Sponsor: ORANGE BANK & TRUST COMPANY

9:00 - 9:15 am             
Opening Remarks:Tara Anne Pleat, Esq., Wilcenski & Pleat PLLC, Section Chair 
Program Introductions: Jeffrey A. Asher, Esq., Program Co-Chair 

9:15 – 10:05 am          
The ABCs of the SSA  
Social Security programs can be very difficult to understand for parents of children with disabilities. This session will describe the Supplemental Security Income (SSI) program in more detail with examples of how it might apply to our clients, as well as provide some introductory information about Social Security Disability and Disabled Adult Child Benefits.

Speaker:                     
Neal A. Winston, Esq., Winston Law Group, Boston, MA

10:05 - 10:15 am         
Refreshment Break with Exhibitors: Front Foyer     

10:15 - 11:05 am         
The Sole Benefit Trust – Whatever Happened to this Planning Tool?
This session will review the requirements that must be satisfied in order to create a valid "sole benefit trust", a type of third party supplemental needs trust that protects the assets contained in the trust from being countable resources for government benefits purposes for the beneficiary who is disabled.  The session will review how the sole benefit trust achieves the further objective of avoiding the imposition of a penalty period for the grantor, who also may need to apply for government benefits in the near future.

Speaker:                      
Howard S. Krooks., Esq., Elder Law Associates PA, Boca Raton, FL 

11:05 - 11:20 am         
Refreshment Break with Exhibitors: Front Foyer     

11:30 am - 12:20 pm 
Family Law and Special Needs Issues
A survey of the intersection of special needs issues and matrimonial and family law. Topics of discussion will include the impact of child support on eligibility for benefits, covering future needs for advocacy and support, and issues that arise when individuals who receive means tested benefits decide to marry. 

Panelists:                     
Ellyn S. Kravitz, Esq., Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Brooklyn
Cora A. Alsante, Esq., Hancock Estabrook, LLP, Syracuse 

12:20- 12:30 am          
Refreshment Break with Exhibitors: Front Foyer

12:30 - 12:55 pm         
17-A Update
This program will provide a current update on legislative and judicial efforts to modify the law governing guardianship for individuals with intellectual and other developmental disabilities under SCPA Article 17-A.  The program will also briefly cover the law’s historical context and origins, recent pressures for change, and legislative efforts to date.

Speaker:                      
Kathryn E. Jerian, Esq., NYSARC, Inc., Latham

Optional Afternoon Activities:
2:00 – 3:30 pm            
HISTORIC PUB CRAWL
Join the Freedom Trail player guides and visit the real headquarters where the Revolution was brewed – Blackstone Block.  Experience Boston’s oldest taverns while sampling local brews.  Tour will depart from ArtsBoston Booth located past Faneuil Hall Marketplace. Directions will be provided.  Preregistration required. Tickets:  $43 each. Attendees Must be 21 and Over.

2:30 – 4:00 pm            
BEHIND THE SCENES AT FENWAY PARK, 4 Jersey Street
Don’t miss this chance to tour the Big Green Monster and learn its history. Added to the National Register of Historic Places in 2012, it has been home to the Boston Red Sox since 1912. Fenway is the oldest ballpark in major league baseball. The "Lone Red Seat" in the right-field bleachers marks Ted William's longest home run at the park. Group should meet at Gate D for tour.  Directions from the Kenmore “T” station will be provided.  Preregistration required. Tickets: $22 each. 

2:30 – 5:00 pm            
ISABELLA STEWART GARDNER MUSEUM TOUR, 25 Evans Way  
Learn about the woman, her vision and collection.  Built by Gardner in 1903 to emulate a 15th c. Venetian palace, “Fenway Court” houses her collection, mixing European paintings and sculptures with textiles, furniture and objects from various cultures and periods in an intimate manner.  The art collection includes works by Raphael, Michelangelo, Titian, Rembrandt, Sargent, Degas, Manet, Whistler, Raphael and others.  The museum’s much photographed interior courtyard reflects Gardner’s passion for horticulture and garden design. Meet at Museum for Tour (by Green Line Train, it take approximately 30 min to reach Museum from  hotel.) Preregistration requiredTickets:  $35 each.  

6:30 – 10:30 pm          
Cocktail Reception & Dinner:  NEW ENGLAND AQUARIUM,  1 Central Wharf
Entertainment Sponsor: NYSARC TRUST SERVICES
Don’t miss our Coastal Clambake on the shore of Boston Harbor! Enjoy cocktails on the Harbor Terrace and dinner in the Main Exhibition Gallery at the Aquarium. Venue is walking distance from hotel.
Preregistration required.

SATURDAY, JULY 20

7:30 - 8:30 am             
Friends of Bill W. Meeting 

8:00 am                       
Registration and Continental Breakfast with Exhibitors: Front Foyer 

9:00 am – 12:00 pm   
GENERAL SESSION:  Salons A-G
Wifi Sponsor: WELLS FARGO
 

9:00 - 9:10 am             
Opening Remarks:  Tara Anne Pleat, Esq., Wilcenski & Pleat PLLC, Section Chair 
Program Introductions: Judith M. Nolfo, Esq., Program Co-Chair                                                                                                      

9:10 – 10:00 am          
Case Law Update 2019
An update on important case law, legislation (both passed and pending), fair hearings, regulations and happenings throughout the state and nation on issues pertaining to elder law, estate planning and special needs planning. 

Speaker:                      
Matthew J. Nolfo, Esq., Matthew J. Nolfo & Associates, New York City

10:00 - 10:50 am         
Attorney Wellness:  The Science of Stress and the Road to Well-being
From productivity and profitability to ethical responsibility and public trust,attorney well-being is coming to the forefront of practice and personal management.  Attorneys face nearly a constant stream of information, increasing expectations on shorter and shorter deadlines. Self-care and personal wellness is a greater need than ever before. Mindfulness practices and a well-being focus are key to helping lawyers go from striving to thriving.

Speaker:                      
M. Elizabeth Coreno, Esq., The Law Offices of M. Elizabeth Coreno, Esq.P.C., Saratoga Springs

10:50 - 11:10 am         
Refreshment Break with Exhibitors
Break Sponsor: WILCENSKI & PLEAT PLLC 

11:10 am – 12:00 pm 
Inter-Generational Family Representation Case Study in Ethics
The program will be a panel discussion among 4 attorneys who will examine ethical issues that apply to a fact pattern involving potential clients within an inter-generational family who need or seek representation.  Relevant Rules of Professional Conduct will be applied to issues that include: who may become a client given past representation of some family members; conflicts among possible clients; clients with diminished capacity and informed consent; and confidentially with respect to former and potential new clients within the family.

Panelists:                     
Joanne Seminara, Esq.,  Grimaldi & Yeung LLP, Brooklyn
Robert P. Mascali, Esq., The Centers, Clearwater, FL
Paul M. Ryther, Esq., Law Office of Paul M. Ryther, East Bloomfield
Richard A. Marchese, Jr., Esq., Woods Oviatt Gilman LLP, Rochester

Program Concludes

Questions on this Event?  Contact Catheryn Teeter at 518.487.5573 or cteeter@nysba.org

Elder Law & Special Needs Section and
Trusts & Estates Law Section Joint Fall Meeting

Save the Dates

October 24-25, 2019
Gideon Putnam Hotel | Saratoga Springs, NY

Program information will be available closer to the Meeting.

Elder Law & Special Needs Section Annual Meeting 2020

Save the Date - January 28!

Program information will be available closer to the meeting.

Elder Law and Special Needs Section UnProgram

Save the Dates!

Thursday, April 30 - Friday, May 1, 2020

The Desmond Hotel
Albany, NY


VIEW THE LATEST ELDER AND SPECIAL NEEDS LAW JOURNAL

The Elder and Special Needs Law Journal (formerly the Elder Law Attorney) features peer-written substantive articles relating to the practice of elder law on such topics as long-term care, Article 81, advance directives, Medicaid, SNTs, guardianship, Social Security, tax issues, and estate planning. Edited by Patricia Shevy, Esq. and Katherine Carpenter, Esq., the Elder and Special Needs Law Journal is published quarterly by the Elder Law and Special Needs Section and distributed to Section members free of charge.

Read Now>

Elder Law and Special Needs Section

Status of Pending Legislation