Elder Law Section
Committee on Continuing Legal Education
7.0 MCLE Credits
Note: Newly admitted attorneys (less than 24 months) cannot receive MCLE credit for this program.
This program will provide the elder law practitioner with an advanced discussion of drafting techniques for a variety of legal documents utilized in connection with representing the elder law client. As you will note in the program agenda, a full range of documents, and their suitability for different clients and situations, will be discussed by the experienced elder law practitioners on the faculty.
Not only will the program provide document samples, but each document will be analyzed, and its purpose and use explained to maximize the benefit of the document's intended purpose.
REGISTRATION (outside meeting room)
I. DRAFTING REVOCABLE TRUSTS AND WILLS IN THE ELDER LAW CONTEXT
Will and Trust provisions to address disabled beneficiary's elective share; how family relationships and long-term health concerns affect dispositive decision making; estate, gift and income tax issues; credit shelter trusts; disclaimer trusts; married couples v. single individuals; pour over wills.
II. PROBLEMS / BENEFITS OF NEW POA STATUTE THREE YEARS LATER
Sample Modifications to the Statutory Document; Gift Rider or not?; discussion of powers of particular relevance in an elder law context; acceptance of power of attorney by financial institutions; when gifts are in the best interest of the principal; fiduciary responsibility of the agent.
III. DRAFTING IRREVOCABLE TRUSTS
Advantages of trust v. outright transfer; advantages of trust v. retention of a life estate; acceptable Medicaid language (e.g. limited power of appointment v. unlimited general power of appointment); basis issues; capital gains exclusion; senior citizen tax exemptions; drafting issues regarding purpose of trust - for Medicaid vs. for VA purposes and differences in language/requirements for each type.
LUNCH (on your own)
IV. MISCELLANEOUS DRAFTING ISSUES: FROM PROMISSORY NOTES TO CAREGIVER CONTRACTS TO COST BASIS OF GIFTED ASSETS: MISTAKES NOT TO MAKE
Applicable ADM regarding DRA compliant provisions for Notes; ADM regarding caregiver contracts; tax considerations of same; family agreements- including "reimbursement agreements"; sample forms
Coffee/Soft Drink Break
V. BASIC OVERVIEW OF ESTATE DISCOUNT VEHICLES: FLPs, CRTs, etc.
When to use discount vehicles; what works and what does not; understanding applicable IRC provisions; QPRTs, LLC and FLPs; what assets should be used; how much control does the Grantor have? IRC Section 2036 estate inclusion; traps and tricks.
VI. DRAFTING SUPPLEMENTAL NEEDS TRUSTS
Third-party supplemental needs trusts; Self-settled under 65 payback trusts; what can the trust pay for; testamentary vs. inter-vivos; revocable vs. irrevocable; Medicaid/SSI provisions; choosing the right trustee, corporate/individual; trusts "to or for the sole benefit" of a disabled individual; relevant Social Security POMS provisions
Buffalo Chair and Moderator
Kameron K. Brooks, Esq.
Brooks & Brooks, LLP
Speakers (in alphabetical order)
Lisa J. Allen, Esq.
Schop, Powell & Allen
Kameron K. Brooks, Esq.
Brooks & Brooks, LLP
Charles W. Beinhauer, Esq.
Pfalzgraf Beinhauer & Menzies LLP,
Dawn M. Myszka, Esq.
Attorney at Law
Bruce D. Reinoso, Esq.
Magavern Magavern Grimm LLP
Edward C. Robinson, Esq.
Hurwitz & Fine, P.C.
Coursebook Authors (in alphabetical order)
JulieAnn Calareso, Esq.
Burke & Casserly, P.C.
David Goldfarb, Esq.
Goldfarb Abrandt Salzman & Kutzin LLP
New York City
Sharon Kovacs Gruer, Esq.
Sharon Kovacs Gruer, P.C.
Avi Z. Kestenbaum, Esq.
Meltzer, Lippe, Goldstein & Breitstone, LLP
Michael E. O’Connor, Esq.
DeLaney & O’Connor, LLP
Joan L. Robert, Esq.
Kassoff, Robert & Lerner, LLP
Program Planning Co-Chairs
Ronald A. Fatoullah, Esq.
Ronald Fatoullah & Associates
Laurie L. Menzies, Esq.
Pfalzgraf, Beinhauer & Menzies, LLP
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.
From Buffalo-Niagara Int'l Airport: Exit the airport onto Rt. 33W and continue to the 90E. Take exit 50, Rt. 290W. Exit on Niagara Falls Blvd. exit 3 turn right.From the Canadian Border: (Peace Bridge) Take the 190N to the 290E to exit 3B, Niagara Falls Blvd. N (Rt. 62). Our hotel is just past the overpass on the right.From Niagara Falls Canada: (Rainbow Bridge) Take the 190S to the 290E to exit 3B, Niagara Falls Blvd. N (Rt 62). Our hotel is just past the overpass on the right.From the NYS Thruway (90) E or W: Exit 50, Rt. 290 W to exit 3, Niagara Falls Blvd. Turn right at the signal and right again into our parking lot.