WHO WE ARE

The Elder Law and Special Needs Section provides services and opportunities for NYSBA members to become involved on issues relating to elder law and special needs law.  Among activities, the Section presents educational programs and publishes materials on practice, procedure and developments to enhance the competence and skill of lawyers who practice in this field and improve their ability to deliver the most efficient and highest quality of services to their clients; prepare studies, analyses and recommendations to seek improvement in the law and procedure relating to elder law; and undertake projects to increase the understanding of senior citizens, their families and the general public concerning legal issues affecting the elderly.

SECTION BENEFITS 

Once you are an Elder Law and Special Needs Section member, you may join a committee by updating your NYSBA member profile online, or by making a direct request with the Elder Law and Special Needs Section liaison, Bridget Donlon, at [email protected]. Please note liaisons are only able to add committee memberships to members’ profiles. Section memberships need to be added by updating your NYSBA member profile online or by contacting the Member Resource Center directly at 1-800-582-2452.

Important Notice About Committee Memberships: Section committee memberships are self-managed.  Please confirm your committee memberships when renewing your association dues to ensure that you continue to receive all communications, meeting details, and any community access.  Failure to confirm committee memberships may result in you being removed from their member rosters.

The Elder Law and Special Needs Section has been in the forefront of introducing, monitoring and evaluating legal developments in the areas of Elder Law and Special Needs at both federal and New York State levels.

CONTACT US

To learn more about this Section, please contact Bridget Donlon.
[email protected]
(518) 487-5531

Please do not contact the Section liaison with a request for legal advice or an attorney referral. You can instead visit our ‘Public Resources’ or ‘Lawyer Referral Service’ page for this type of request.

2024-25 Elder Law and Special Needs Section Chair

Britt Burner EsqBritt Burner, Esq.

Partner, Burner Prudenti Law, P.C.

Britt Burner joined Burner Prudenti Law, P.C. in March 2014. Since that time, she has been the driving force behind their Manhattan office. Britt focuses her practice on Elder Law and Estate Planning. Britt received her undergraduate degree from Boston College and her Juris Doctor from Brooklyn Law School where she was a Notes & Comments Editor of the Brooklyn Law Review.

In 2022, Britt Burner was recognized in the Best Lawyers rankings for Elder Law in Setauket, NY. Previously Britt has been included in the Best Lawyers: Ones to Watch list by Best Lawyers and her peers in the practice areas of Elder Law and Trusts and Estates.

In 2016 Britt was named as a “Brooklyn Star under 40” by Star Network which honors young professionals in Brooklyn under 40 years old who exemplify outstanding leadership skills, not only in their chosen fields, but also in their community. In 2017 she received the honor of being named an “Outstanding Woman in Law” by Hofstra University School of Law Center for Children Families and the Law and Long Island Business News. In 2020, Britt was named a Caregiver’s Champion by CaringKind.

Britt is a past-Chair of the New York City Bar Association Committee on the Legal Problems of the Aging. She previously served as Chair of the Legislation Committee, Vice-Chair of the Medicaid Committee and as the Production Editor of the section’s journal. She is also a member of the New York State Bar Association in the Trusts and Estates section. Britt frequently lectures to consumer and professional groups, including presenting Continuing Legal Education content for attorneys.

In addition to her Bar Association responsibilities, Britt is a charter member of the Advisory Council for The Katz Institute for Women’s Health at Northwell. The Katz Institute is a leader in women’s health, dedicated to improving the quality of life for women by providing education resources, prevention, wellness programs and clinical care. As a member of the Katz Institute Advisory Council, we assist the leadership of the Katz Institute by assessing, evaluating, and appraising the programs of the Katz Institute to support and advance its mission.

Britt is licensed to practice law in New York State. She lives in Manhattan and Westhampton Beach.

Online Community

Elder Law & Special Needs Section Publications

Newly released issues are restricted to Section & Committee Members only for the first 90 days, after which they become available to all members.

Elder Law Journal Vol 34 No 3

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 Katherine Carpenter, Esq. and Lauren Enea, Esq., the Elder and Special Needs Law Journal is published by the Elder Law and Special Needs Section of the New York State Bar Association and available to Section members only.

The Elder and Special Needs Law Journal encourages article submissions on topics of interest to members of the Section. Writing an article for a NYSBA Section publication is a great way to get your name out in the legal community and advertise your knowledge. Our authors are respected state-wide for their legal expertise in such areas as the DRA, Medicaid, SNTs, grandparent’s rights, and guardianships.

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Article Library

Looking for specific articles from our issues? Explore our library of individual articles, available from current and past editions.

View article library

Author Guidelines

NYSBA has created comprehensive author guidelines, with information regarding our reprint policy, style guidelines, and obtaining MCLE Author Credits.

Awards


Scholarships

Honorable Joel K. Asarch Elder Law and Special Needs Section Scholarship
Asarch Scholarship
The Elder Law and Special Needs Section encourages law students, through an elder law clinic experience, to learn about important legislative developments, regulations, and case laws impacting the elderly and disabled and to provide representation to those clients struggling with a variety of legal issues and problems related to aging and incapacity.

Through the scholarship, the Section aspires to advance opportunities for the disabled by implementing a preference for awarding the scholarship to a student who demonstrates a present and permanent physical or mental disability that substantially limits one or more of the major life activities of the individual.

The ultimate goal of the scholarship is to create a network and cultivate relationships among lawyers whose practice focuses on elder law and special needs planning and law students planning to practice in these areas to encourage the practice of elder law and special needs planning among lawyers throughout the State of New York.

T. David Stapleton Memorial Scholarship

The Section is pleased to offer this Scholarship in honor of former Section Chair, T. David Stapleton. The scholarship, with a value of $2,500, will be awarded to a second year (2L) or third year (3L) law student who is enrolled in a law school in the State of New York in one of the following regions: Central New York, Finger Lakes, Southern Tier and Western New York who has a demonstrated interest in the Elder Law and Special Needs practice areas and/or a law student that is from this region, studying at a law school outside the region who has clear plans to return to the region to practice Elder Law.

T. David Stapleton practiced in Auburn, NY and served as NYSBA Elder Law & Special Needs Section Chair from 2011-2012, after having followed the officer track and being involved in leadership within the Section leading up to such role. David not only led as a tremendous lawyer, he advocated for “upstate” involvement, sought to expand our knowledge of literature by peppering almost every writing and conversation with a poignant quote, encouraged a healthy lifestyle through diet and exercise and demonstrated the importance of family, friends, and camaraderie among lawyers.

David’s signature issue during his tenure as Chair was the expansion and rescinding of expanded Medicaid estate recovery. Some will recall his having mentioned that while he understood the underlying concept of the state in seeking to expand recovery options, he truly believed the powers-that-be did not appreciate the devastating impact it would have on the “little folks” who would lose even modest inheritances if the expansion was carried out.

While not diminutive in stature, David always diminished his breadth of knowledge of the law, often calling himself a “small, upstate lawyer.” It is our honor to offer this scholarship in David’s memory to another potential “small, upstate lawyer.”


Mentor Program

Elder Law and Special Needs Section Offers Opportunities for Mentoring

The Elder Law and Special Needs Mentor Program his program pairs an experienced elder law attorney with a Section member new to the practice of elder law for the coming year.  The term is for one year, commencing April 30th and ending May 1st.  The mentoring program will provide

  • A one-on-one mentoring initiative matching experienced Elder Law and Special Needs attorneys with those who are newer to the practice; and
  • Opportunities to work together on section programs, reports and events that will enhance careers and the profession.

The mentoring relationships will incorporate several different elements, encompassing a mix of formal and more “ad hoc” opportunities for mentors and mentees to collaborate.  Section Committee Chairs are poised to welcome mentor/mentee pairs to work together on committee projects, reports, events, etc.  As for ad hoc opportunities, we look forward to seeing what pairs produce, and to learning from one another.  We plan that there will be at least one communication per month, whether in person, by telephone or email, to keep continuity and maximize the value to the participants.

TO BE A MENTEE:

  1. You must be practicing elder law for 5 years or fewer;
  2. You must be a member in good standing of the Elder Law and Special Needs Section of NYSBA; and
  3. You must attend at least 2 Section meetings.

We are hoping to make 21 matches this year:

  • 7 matches for Mentees living or practicing in the 1st, 2nd, 12th and 13th Judicial Districts.
  • 7 matches for Mentees living or practicing in the 9th, 10th and 11th Judicial Districts.
  • 7 matches for Mentees living or practicing in the 3rd, 4th, 5th, 6th, 7th and 8th Judicial Districts.

While we are hoping to accommodate as many pairings as possible, in the event we receive more requests for Mentees than we have available Mentors, selection of Mentees will be made randomly.

If you are interested in applying to be a Mentor or Mentee, please fill out the appropriate form below and email to the Mentorship Committee Co-Chairs, Miles Zatkowsky
([email protected]) and Honorable Timothy O’Rourke ([email protected]
).   

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