ELDER LAW & SPECIAL NEEDS SECTION MEETING
Tuesday, January 28, 2020
1:30 PM - 6:30 PM
Trianon and Petit Trianon, 3rd Floor
#nysba20
Keeping Current in Elder Law and Special Needs Planning
Agenda
1:30 p.m. – 2:00 p.m.
Welcome Remarks, Business Meeting and Awards
Tara Anne Pleat, Esq., Chair
Wilcenski & Pleat, PLLC | Clifton Park, NY
Judith D. Grimaldi, Esq., Immediate Past Chair
Grimaldi & Yeung, LLP| Brooklyn, NY
Patricia A. Bave, Esq., Program Co-Chair
Kommer Bave & Ollman LLP | New Rochelle, NY
Sara L. Keating, Esq., Program Co-Chair
Hoffman & Keating, P.C. | New City, NY
2:00 p.m. – 2:50 p.m.
Annual Elder Law Update
- Medicaid & Medicare: Legislation, Regulations, Directives & Case Law
- Guardianship: Case Law Updates
- Other Areas Affecting the Practice of Elder Law
Speaker: David Goldfarb, Esq.
Abrandt Salzman & Kutzin LLP | New York, NY
(1.0 Credit in Areas of Professional Practice)
2:50 p.m. – 3:15 p.m.
Integrating Special Education Advocacy or Litigation into a Special Needs Practice
Speaker: Adrienne J. Arkontaky, Esq.
Cuddy Law Firm PLLC | Valhalla, NY
(0.5 Credit in Areas of Professional Practice)
3:15 p.m. – 4:05 p.m.
Maintaining the Maintenance Standard: An exploration of the Jimmo standard in a skilled nursing facility.
- Understanding the decision and its limitations
- Applying the appropriate standards
- Advocating to secure the “coveted” 100 days
Speakers:
Professor Guy Maytal
Assistant Professor of Clinical Psychology
Weill Cornell Medicine/New York Presbyterian | New York, NY
Lisa Volpe, Esq.
Mental Hygiene Legal Services | Garden City, NY
Moderator: Moira S. Laidlaaw, Esq.
Hollis Laidlaw & Simon, P.C. | Mount Kisco, NY
(1.0 Credit in Areas of Professional Practice)
4:05 p.m. – 4:20 p.m.
Break
4:20 p.m. – 5:10 p.m.
Mental Health Issues in Estate Planning and Administration Engagements
As the stigma surrounding mental health begins to lessen and our clients may be more willing to openly discuss such issues with us, we are presented with a unique opportunity to help our clients develop plans that support themselves or their loved ones more meaningfully. For clients with mental health issues, we can help develop Psychiatric Advance Directives (PADs) to supplement their Health Care Proxies. PADs can detail treatment-based information and preferences should a severe episode occur. For clients who support family members with mental health issues, we can help develop trusts or other support plans relating to care management to make sure that there is continuous support for their loved one impacted by mental health issues, especially in the event of the incapacity or death of the supporting family member, as that will likely be a time when the person needs even more support.
Speaker: Moriah R. Adamo, Esq.
Abrams Fensterman | New York, NY
(1.0 Credit in Areas of Professional Practice)
5:10 p.m. – 6:00 p.m.
Inter-Generational Family Representation Case Study in Ethics- Redux
The program will be part 2 of the panel discussion from the Summer Meeting 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, NY
Robert P. Mascali, Esq.
The Centers | Clearwater, FL
Paul M. Ryther, Esq.
Law Office of Paul M. Ryther | East Bloomfield, NY
Richard A. Marchese, Jr., Esq.
Woods Oviatt Gilman LLP | Rochester, NY
(1.0 Credit in Ethics)
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Section Chair
Tara Anne Pleat, Esq | Wilcenski & Pleat, PLLC | Clifton Park, NY
Program Chairs
Patricia A. Bave, Esq.| Kommer Bave & Ollman LLP | New Rochelle, NY
Sara L. Keating, Esq.| Hoffman & Keating, P.C. | New City, NY
Program Faculty
Moriah Adamo, Esq. | Abrams Fensterman | New York, NY
Adrienne Arkontaky, Esq. | Cuddy Law Firm PLLC | Valhalla, NY
David Goldfarb, Esq. | Goldfarb Abrandt Salzman & Kutzin LLP | New York, NY
Moira S. Laidlaw, Esq.| Shamberg Marwell Hollis Andreycak & Laidlaw, P.C | New York, NY
Richard A. Marchese, Jr., Esq. | Woods Oviatt Gilman LLP | Rochester
Robert P. Mascali, Esq. | The Centers| Clearwater, FL
Paul M. Ryther, Esq. | Law Office of Paul M. Ryther | East Bloomfield
Joanne Seminara, Esq. | Grimaldi & Yeung LLP | Brooklyn
Elder Law & Special Needs Law Section Executive Committee Meeting
Tuesday, January 28, 2020 | 10:30 a.m. – 12:15 p.m.
Gramercy | Second Floor
Elder Law & Special Needs Law Section Committee Meetings
Tuesday, January 28, 2020 | 12:30 p.m. – 1:30 p.m.
Sutton Center | Second Floor
