Event Overview

Friday, January 20, 2023

1:30 PM – 2:00 PM — Section Business Meeting & Award

2:00 PM – 6:30 PM — In-Person CLE Program

5.0 MCLE Credits
1.0 Cybersecurity; 1.5 Areas of Professional Practice;
1.5 Skills; 1.0 Ethics

This program is transitional and is suitable for all attorneys
including those newly admitted.

6:45 PM – 8:45 PM — CLE Reception* — Oceana – 120 W 49th Street (Grand Salon)

7:30 PM – 8:30 PM — Elder Law and Special Needs Section’s Speaker’s Dinner** — Location TBD

Topics Include:

  • Cybersecurity and Privacy for Elder Lawyers and Elder Law Firms
  • Elder Law Annual Update
  • Medicaid Asset Protection Trusts (MAPT)– Drafting Update
  • Ethical Considerations When Communicating with multi-lingual or non-English speaking Elder Law Clients

Elder Law and Special Needs Section Chair
Christopher R. Bray, Rheinhardt & Bray, PC, Ilion, NY

Program Chairs

  • Martin Hersh, Law Offices of Martin Hersh, Liberty, NY
  • Sarah Amy Steckler, Warshaw Burstein LLP, New York, NY
  • Samantha Ashley Lyons, Enea, Scanlan & Sirignano, LLP, White Plains, NY

*Registration for this reception is limited to the attendees for the Elder Law and Special Needs CLE program. You must be registered for the CLE program to add this reception to your registration. Guests are welcome. The cost for attending is $55.00 per person. Please call the Member Resource Center Directly at 1-800-582-2452 to register.

**This event is open to the Elder Law and Special Needs Section Leaders the CLE program faculty and guests only. 

General Registration Fee

Required for in-person attendees. 

NYSBA Members$215
Non-members$300

+plus…

$105 Program Registration Fee

Friday, January 20, 2023

5.0 MCLE Credits
1.0 Cybersecurity; 1.5 Areas of Professional Practice;
1.5 Skills; 1.0 Ethics

This program is transitional and is suitable for all attorneys
including those newly admitted.

1:30 p.m. - 2:00 p.m.

Introduction, Business Meeting and Awards
Speaker

Christopher R. Bray | Rheinhardt & Bray, PC, Ilion, NY

2:00 p.m. – 2:50 p.m.

I. Cybersecurity and Privacy for Elder Lawyers and Elder Law Firms

This presentation will discuss the professional and ethical considerations of the attorneys’ use of technology and electronic data in the practice of law. It will identify the sources of lawyers’ obligations and the different kinds of cyber and privacy risks to be aware of in the practice. This discussion will also focus on how attorneys can mitigate their risks and best practices to follow to foster cultures of security and privacy within their organizations, including available insurance, what might be covered under the policies, and the obligations of policyholders and insurers.

Speaker

Stuart A. Panensky, Esq. | FisherBroyles, LLP, Princeton, New Jersey | New York, New York

Richard A. Kissel, Esq. | Kissel Hirsch & Wilmer LLP Tarrytown, New York

1.0 Credit in Cybersecurity, Privacy and Data Protection Ethics

2:50 p.m. – 3:00 p.m.

Break
II. Elder Law Annual Update

3:00 p.m. – 4:15 p.m.

Annual Elder Law Update Part I
Speaker

Julie Ann Calareso | Gleason, Dunn, Walsh & O'Shea Albany, NY

3:00 p.m. – 4:15 p.m.

Annual Elder Law Update Part II: Introduction to the New NYIA

The New York Independent Assessor (NYIA) assessment-step by step guide to what’s involved and then how to appeal or move the process on.

Speaker

Julie Ann Calareso | Gleason, Dunn, Walsh & O'Shea Albany, NY

Karen Ronan | Karen Ronan, RN. MSN-GCM Chestnut Health Navigation LLC

1.5 Credits in Areas of Professional Practice

4:25 p.m. – 5:40 p.m.

III. Medicaid Asset Protection Trusts (MAPT)– Drafting Update

Trust Drafting Considerations

  • Drafting Tips
  • Recent Denials Involving Trusts Provisions
  • Property Powers to Revisit
  • Grantor vs Non-Grantor Trust Status
  • Capital Gains/Step Up Issues

Speaker

Matthew J. Nolfo, Esq. | Matthew J. Nolfo & Associates New York City | White Plains

Britt Burner, Esq. | Burner Law Group, P.C. New York City | East Setauket | Westhampton Beach | East Hampton

1.5 Credit in Skills

5:40 p.m. – 6:30 p.m.

IV. Ethical Considerations When Communicating with multi-lingual or non-English speaking Elder Law Clients

Ethics rule for effective communication with clients

  • Discussion of representation of multi-lingual or non-English speaking clients
  • Discussion of when children want to serve as translator
  • Resources for translation and partnering with native speaking attorneys
  • Translation Issues

Speaker

Jiah Kim, Esq. | Jiah Kim & Associates, P.C. New York City | Fort Lee, NJ

Tamara Kenworthey | Kenworthey Law PLLC

1.0 Credit in Ethics
  • Christopher R. Bray, Rheinhardt & Bray, PC (Elder Law & Special Needs Section Chair)
  • Britt Burner, Burner Law Group, PC
  • Julie Ann Calareso, Gleason, Dunn, Walsh & O’Shea
  • Tamara Kenworthey, Kenworthey Law PLLC
  • Martin Hersh, Law Offices of Martin Hersh (Program Chair)
  • Jiah Kim, Jiah Kim & Associates, P.C.
  • Richard A. Kissel, Kissel Straton & Wilmer LLP
  • Samantha Ashley Lyons, Enea, Scanlan & Sirignano, LLP (Program Chair)
  • Matthew J. Nolfo, Matthew J. Nolfo & Associates
  • Stuart A. Panensky, FisherBroyles, LLP
  • Karen Ronan, The New York Independent Assessor (NYIA)
  • Sarah Amy Steckler, Warshaw Burstein LLP (Program Chair)
Dalli and Marino

Silver Sponsor

Jet Direct

Silver Sponsor

Care Patrol

Bronze Sponsor

Life Pooled Trusts

Bronze Sponsor