Intermediate Elder Law
9:00 a.m. to 4:00 p.m.
6.0 MCLE Credits: 2.5 Skills; 2.5 Professional Practice; 1.0 Ethics
Can’t be There in Person?
A Live Webcast Option is Available on Tuesday, November 1, 2016!*
Not Able to Attend in Person?
A Live Webcast Option is Available. (Note: Newly admitted attorneys (less than 24 months) who attend via webcast are only eligible to receive Professional Practice and Ethics MCLE credits. Please note that Ethics credits must be viewed simultaneously with the live webcast to receive MCLE credit.)
NYSBA Program Co-Sponsors:
Elder Law Section
Committee on Continuing Legal Education
The New York State Bar Association gratefully acknowledges
our corporate sponsors for this program:
Overall Planning Co-Chair
Burke & Casserly, P.C.
New York City Session: Fern Finkle, Co-Founding Partner,Finkel & Fernandez LLP, Brooklyn (Chair and Moderator).
Westchester Session: Frances M. Pantaleo, Head of Elder Law Department, Bleakley Platt & Schmidt LLP. One North Lexington Avenue, White Plains (Chair and Moderator).
Buffalo Session: Kameron Brooks, Partner,Brooks & Brooks, LLP, Little Valley (Chair and Moderator).
Albany Session: JulieAnnCalareso, Principal, Burke & Casserly, P.C. Albany (Chair and Moderator).
Long Island Session: Richard A. Weinblatt, Partner, Haley Weinblatt & Calcagni, LLP, Islandia, (Chair and Moderator).
8:30 - 9:00 AM Registration
9:00 - 9:15 AM Welcome/Opening Remarks
9:15 - 10:05 AM I. Representing the Fiduciary
A. Advising Power of Attorney Agents
B. Advising “Responsible Parties” under residential placement
C. Discussion of “spend down”, the obligation to pay NAMI, and the proper use of funds – all as applied to family members.
D. Counselling Trustees of Revocable and Irrevocable Trusts
during the lifetime of Grantor.
10:05 - 10:55 AM II. Guardianship Update
A. Update on Mental Hygiene Law Article 81 cases from New York State.
B. Review of guardianship cases of interest from other states
C. Mental Hygiene Law Article 81 recent updates
D. Mental Hygiene Law Article 83 updates, changes and cases
10:55 - 11:10 AM Break
11:10 – 12:00 PM III. Ethics
A. Who is the Client?
B. How Do You Identify and Handle Conflicts of Interest?
C. When Does the Attorney-Client Privilege Apply? Who has the Right to Know What?
D. How Do You Represent a Client with Diminished Capacity?
E. How Do I Get Paid?
1:15 PM - 2:05 PM IV. Community Medicaid
A. MAGI Medicaid
i. What is it and for which clients?
ii. What are financial eligibility criteria?
iii. Where to apply – Exchange or DSS?
iv. Planning opportunities: What happens when no longer eligible for MAGI because enrolls in Medicare or has other changes?
B. Status of FIDA and MLTC throughout the State.
C. Tips for advocacy – Delays in MLTC enrollment - using “Immediate Need Medicaid” and MLTC advocacy.
2:05 PM - 2:55 PM V. Social Security
A. Understanding the difference between SSI and SSDI
B. Children’s benefits
C. Spousal benefits
D. Eligibility rules for various programs
E. Coordinating the benefits: SSI, SSDI, adult child benefits, and dependent’s benefits
2:55 PM - 3:10 PM Break
3:10 PM - 4:00 PM VI. Medicaid Planning Update
A. Promissory Note/Gift Update
B. Weiss, etc. Return of Gift
C. Recent Fair Hearings, Cases and ADMs/GIS
D. Spousal Budgeting Issues (eligibility as single person, post-eligibility budgeting)
E. MLTC budgeting (spousal impoverishment at post-eligibility budgeting; do spousal refusal with application)
NYSBA Members: $175.00
Elder Law Section Members: $148.75
Non Members: $275.00
ELECTRONIC COURSE MATERIALS: NYSBA distributes all program materials exclusively online in searchable PDF format. Traditional printed course books can be ordered at the program site for a discounted price and will be shipped subsequent to the program date.
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Call (800) 582-2452 and join today!