Elder Law and Special Needs Section Summer Meeting 2024

Registration opening soon

Elder Law and Special Needs Section Summer Meeting 2024
Montreal Marriott Chateau Champlain
1050 Rue De la Gauchetière O, Montréal, QC H3B 4C9, Canada
Event Registration Now Open!
Preregistration is required to attend the conference. Attendees will not be able to Register for the conference or RSVP for the receptions or dinner onsite.
Be sure to select all the events you plan to attend as part of your conference event registration.
The deadline to register for conference is Friday, July 5th. We will not be able to accept any conference registrations or RSVPs after Friday, July 5th.

Online Registration: https://nysba.org/events/elder-law-and-special-needs-section-summer-2024-meeting/
You may also register by phone directly with the Member Resource Center at 1-800-582-2452.

Please direct any questions regarding event registration to the Member Resource Center.

Anyone that is unable to login to their NYSBA profile should also contact the Member Resource Center

Pricing & Ticket Options (Includes CLE programing):
Elder Law and Special Needs Section Member – $725
NYSBA Member – $825
Non-member attorney registration – $925
New Attorney (5 years or less) – $600

Discounted pricing for partial attendance is available to those in town for the Real Property Law Section’s Summer Meeting. Please contact bdonlon@nysba.org if you’re interested.

Guest Tickets (for non-cle events):
These tickets cannot be purchased ala cart. They must accompany a CLE conference registration or the purchase of an exhibitor table.
Guest tickets are also available to anyone that is in Montreal attending the Real Property Law Section’s Summer Meeting.
Option 1: Includes All Meals (2 Breakfasts, Welcome Reception, Offsite Reception & Dinner) – $375
Option 2: July 12th Offsite Reception and Dinner Guest Ticket – $200
*Covers the cost of the offsite reception & dinner only. No other meals are included in this price.
Exhibitor Representative Guest (Not Available Online). Please be sure to select this option on the Sponsorship Form.
Children 17 and Under – Free

Tuition Assistance is available for those who qualify. Please visit NYSBA.ORG/TUITIONASSISTANCE for more information.
Accommodations for Persons With Disabilities: NYSBA.ORG/ADA

Cancellation Policy:
Cancellations received prior to July 1st will be refunded 100% of the registration free.
Cancellations received after July 1st will be refunded 50%.
No refunds will be given for no shows or cancellations that occur the day of or after the event.

Elder Law and Special Needs Section 2024 Summer Meeting

Montreal Marriott Chateau Champlain | Montréal, Canada

Program Chairs

Deborah S. Ball, Esq., Law Offices of Deborah S. Ball, NYC

Sara Meyers, Esq., CELA, Enea, Scanlan & Sirignano, LLP, White Plains

Elder Law and Special Needs Section Chair

Britt N. Burner, Esq., Burner Prudenti Law, P.C., NYC

Day 1: Thursday, July 11, 2024

9:00 a.m. – 5:00 p.m. Exhibitors
Champlain Room

9:00 a.m.– 10:00 a.m. Executive Officer’s Meeting and Breakfast

(Section Leaders Only)

Samuel C

10:15 a.m.– 12:45 p.m. Executive Committee Meeting and Lunch

Tidan / Rez-de-chaussee

*Remote Option Available

12:30 p.m. – 1:00 p.m. CLE Program Registration

Foyer Chateau

1:00 p.m. – 5:00 p.m. CLE Programing/General Session

Champlain Ballroom

4.0 MCLE Credits:

2.0 Areas of Professional Practice, 2.0 Skills

1:00 p.m. – 1:10 p.m. Program Introduction
Elder Law and Special Needs Section Chair

Britt N. Burner, Esq., Burner Prudenti Law, P.C., NYC

1:10 p.m. – 2:00 p.m. I. Elder Law Update

Medicaid (home care, CDPAP)
Transfer on Death Deeds
Guardianship, Estate litigation cases

Speaker:
Tammy Lawlor, Esq., Miller & Milone, P.C., Garden City

MCLE Credit in Areas of Professional Practice

2:00 p.m. – 2:50 p.m. II. Duty of Care: What To Expect from MLTCs and Nursing Homes to Keep Consumers and Residents Safe

Statutes & regulations, Case Law
Obligations of MTLCs and Skilled Nursing Facilities to consumers and residents
Advocacy Tips

Speaker:
John Dalli, Esq., Dalli & Marino LLP, Mineola

MCLE Credit in Areas of Professional Practice

2:50 p.m. – 3:10 p.m. Refreshment Break

Champlain Room

3:10 p.m. – 4:00 p.m. III. Community/Home Care Medicaid

The Soup to Nuts Filing of a Medicaid Application

Compiling an Application – What is needed?
What goes into application?
When to apply for pooled trust?
When to submit disability applications
Immediate need, Reimbursement
Post-filing advocacy

Speaker:
Brittni Sullivan, Esq., Burner Prudenti Law, P.C., East Setauket

MCLE Credit in Skills

4:00 p.m. – 4:50 p.m. IV. The Medicaid Trust Has Been Executed, What Next? Post-Execution Medicaid Strategies

Invasion of trusts if a person needs nursing home care within the 5 year look back
Spinkling provisions
Revocation
Submission of older trusts: How to amend a trust for Medicaid acceptance.

Speaker:
Richard A. Marchese, Jr., Esq., Woods Oviatt Gilman LLP, Rochester

1.0 MCLE Credit in Skills

5:30 p.m. – 7:00 p.m. Welcome Cocktail Hour and Refreshments

Onsite at Marriott Chateau Champlain

Champlain Room
Cost is included with conference registration
* You must RSVP for this event as part of your conference registration.

The Deadline to register is Friday, July 5th.

Dinner on Own

7:30 p.m. Executive Officer & Speaker’s Dinner

Program faculty & sections leaders only.

Offsite at Hiatus (tentative)

Day 2: Friday, July 12, 2024

8:00 a.m. – 9:00 a.m. Committee Breakfast Meetings

Breakfast with Exhibitors

Samuel C/Chateau Floor

8:30 a.m.– 9:00 a.m. CLE Program Registration

Foyer Chateau

9:00 a.m. – 1:30 p.m. CLE Programing/General Session

Champlain Ballroom

4.0 MCLE Credits:
2.0 in Areas of Professional Practice, 2.0 in Skills

9:00 a.m.– 9:10 a.m. Introduction

9:10 a.m. – 10:00 a.m. I. Trial Advocacy Skills and Rules of Evidence in a MHL Article 81 Guardianships

Objections
Opening and Closing Statements
Burden of Proof
Cross Petitions

Speaker:
Linda A. Redlisky, Esq., Rafferty & Redlisky, LLP, Pelham

1.0 MCLE Credit in Skills

10:00 a.m. – 10:50 a.m. II. The MHL Article 81 Hearing Date is Scheduled, What’s Next? How To Prepare

Preparing witnesses
Meeting with the court evaluator
Appearing at the Hearing

Speakers:
Deborah S. Ball, Law Offices of Deborah S. Ball, NYC

Edmond Wong, Law Secretary to the Honorable Justice Evelyn Gong, Queens Supreme Court

1.0 MCLE Credit in Skills

10:50 a.m. – 11:10 a.m. Refreshment Break

Foyer Chateau

11:10 a.m. – 12:00 p.m. III. The Recovery of Assets in MHL Article 81 Guardianships and Estates

Turnover and Discovery proceedings
Timing
Involving law enforcement

MCLE Credit in Areas of Professional Practice

Speaker:

Joseph M. Accetta, Court Attorney / Referee, Supreme Court Westchester County, Adult Guardianship Part

12:00 p.m. – 12:50 p.m. IV. A Simulated Guardianship Hearing

Fact pattern
Trial advocacy tips
What to expect in Court

Panel: TBD

1.0 MCLE Credit in Areas of Professional Practice

12:50 p.m. – 6:00 p.m. Lunch (on own)

Cultural/Social Events

6:00 p.m.– 7:00 p.m. Cocktail Hour

7:00 p.m. – 9:00 p.m. Dinner

Vargas Steak and Sushi

690 René-Lévesque Ouest

Montréal, Québec, H3B 1X8

Cost is included with conference registration
* You must RSVP for this event as part of your conference registration.

The Deadline to register is Friday, July 5th.

Day 3: Saturday, July 13, 2024

8:00 a.m. – 9:00 a.m. Breakfast with Exhibitors

Champlain Room/Samual AB

8:30 a.m. – 9:00 a.m. CLE Program Registration

Foyer Chateau

9:00 a.m. – 12:30 p.m. CLE Programing/General Session

Champlain Ballroom

4.5 MCLE Credits:

3.0 MCLE Credits in Areas of Professional Practice, 1.5 Skills

9:00 a.m. – 9:10 a.m. Introduction

9:10 a.m.– 10:25 a.m. I. How To Terminate an Estate Planning/Elder Law Client or a Potential Client

When does your malpractice clock stop ticking?
Termination letters
File retention
Returning files

Speaker:
Lauren C. Enea, Esq., Enea, Scanlan & Sirignano, LLP, White Plains

1.5 MCLE Credit in Skills

10:25 a.m.– 11:40 a.m. II. What Happens When an Attorney Becomes Incapacitated or Dies?

Files and clients – notification to present & past clients
Fiduciary accounts
Malpractice insurance
Short- and long-term incapacity issues
Selling a Practice
Obligations of a guardian or executor
Rules of attorney-client privilege & confidentiality

Speaker:

Ellyn S. Kravitz, Esq., Abrams Fensterman, LLP, Brooklyn

1.5 MCLE Credit in Areas of Professional Practice

11:40 a.m. – 12:00 p.m. Refreshment Break

Foyer Chateau

12:00 p.m. – 1:15 p.m. III. Gray Divorce

Estate planning implications
Medicaid planning implications
Ethical issues

Speaker: TBD

1.5 MCLE Credit in Areas of Professional Practice

1:15 p.m.– 1:30 p.m. Closing Remarks

1:30 p.m. Meeting Adjourns

Area Attractions and Dining Suggestions:

Montréal Complètement Cirque (Circus Festival)
This festival offers circus programming throughout the city. For 11 days ending on July 14, Montréal lives to the rhythm of the circus arts and its theaters, streets, parks and sidewalks become the scene of colorful performances. Some free, some ticketed.

The Marriott Chateau Champlain is near next to Bell Centre & connected to Underground City.

Shopping in Montréal’s Underground City
Neighborhood: Ville-Marie
Downtown shopping and the Place des festivals, Montréal’s vibrant public plaza. RÉSO is a 20-mile subterranean (and largely climate-controlled) pedestrian network with over 1,600 shops and facilities that connects to three major shopping malls. Don’t get lost!

Montréal Space for Life is the largest natural science museum complex in Canada, guiding human beings towards a fuller experience of nature. Its Biodôme, Biosphère, Jardin botanique, Insectarium and Planétarium offer a variety of programming year-round. Note that the Biosphère is not located at Olympic Park – it is on St. Helen’s Island.

Biodôme, Insectarium and Planétarium
Olympic Park

Built as the velodrome for the 1976 Olympic Games, the Montréal Biodôme now houses five ecosystems of the Americas under one roof. Experience a walk in nature and observe the interactions between animal and plant species!
Immerse yourself in the world of insects in the new Insectarium de Montréal, which gives visitors the opportunity to mix with, in addition to free-flying butterflies, a number of other live and naturalized insect species.
The Planétarium offers an innovative approach to astronomy, using cutting-edge technology to create a unique experience of the universe through its immersive theatres and exhibits.
Located on St. Helen’s Island, the Biosphère de Montréal houses the first museum entirely dedicated to the connections between society and the environment in North America. An architectural emblem of Montréal since the 1967 World’s Fair, its famous geodesic dome symbolizes social innovation and human inventiveness.

Musée des beaux-arts de Montréal
Neighborhood: Ville-Marie
The Montréal Museum of Fine Arts is one of Canada’s most visited museums, exhibiting fine arts, music, film, fashion and design. Its rich encyclopedic collection, distributed among five pavilions, includes international art, world cultures, decorative arts and design, and Quebec and Canadian art. For more art, Montréal’s Mural Festival website or app will guide you through the top murals in the city. Boulevard Saint-Laurent is now the largest street art corridor in Canada.

Mount Royal Park
Neighborhood: Ville-Marie
This park is one of Montréal’s largest greenspaces. Designed by Frederick Law Olmsted (who also designed New York’s Central Park), Mount Royal Park boasts miles of trails and superb views of the city. Here, you can stroll down the tree-lined paths, canoe on Beaver Lake, or visit Saint Joseph’s Oratory, founded by Saint Brother André in 1904, a catholic sanctuary and the largest domed Basilica in North America. Nearby in Le Plateau Mont-Royal you can find the Museum of Jewish Montréal, which offers walking tours through the historically Jewish neighborhoods of Montréal.

Vieux Montréal and Shopping
Neighborhood: Ville-Marie
Discover Notre Dame Basilica, built in 1656, and known for its intricately designed interior and stained glass chronicling the history of the city. Wander cobblestone streets, embrace chance encounters, and relish historic landmarks. Check out the Bonsecours Market for some unique shopping and stroll along Rue Saint-Paul, the oldest and one of the prettiest of Montréal’s streets. At the enchanting Old Port you can find a Ferris wheel ride, zipline, more shops and a cruise on the St. Lawrence River.

The Montreal Science Center delivers incredible exhibitions and educational programs, especially for the youngest set (and their families).

Jean-Doré Beach: Lakeside beach with an inflatable obstacle course on the water, plus canoe & pedal boat rentals.

Île Sainte-Hélène (Saint Helen’s Island)
The island is situated immediately offshore from Old Montréal, in the St. Lawrence River, and hosts the Saint Helen Island Fort, the Biosphère and La Ronde amusement park. The island can be accessed by public transit via the Montréal Metro Yellow Line (Jean-Drapeau station), or by car, bicycle or on foot over the Concordia Bridge, or by car over the Jacques Cartier Bridge.

La Ronde amusement park is operated by Six Flags and is the largest amusement park in Quebec. Attractions include live shows and 30+ amusement rides, including 8 roller coasters. One of the roller coasters, Le Monstre, holds the record for highest double-tracked roller coaster in the world.

Bota Bota, spa-sur-l’eau Spa and health club
Historic river ferry turned upscale “floating spa” offering diverse treatments, yoga & a restaurant.

Restaurant Recommendations and Unique Dinning Experiences:

Bar George – Grand, swanky wood-clad venue serving a Scottish & British menu with cocktails in a boutique hotel.

CathCart – Has a glass ceiling that’s beautiful when dinning at night.

Jatoba – Refined eatery serving modern, Asian-inspired fare, including seafood & dumplings, with a full bar.

La Traversée – Located in a historic river ferry turned upscale “floating spa”. The menu favours health, and delicacy, is continually enhanced with fresh local produce from the Quebec terroir
Le Balcon – Hidden at the back of an active church on Sainte-Catherine Street, Le Balcon is a dinner and show experience not to be missed. Outdoor seating is also available.

Les Enfants Terribles – The highest restaurant in Montreal! Perched at 185 meters on the 44th floor of the Ville-Marie tower.

Resto-Bar Le Turf au Oasis Surf – Casual dining beach type restaurant that surrounds a wave of indoor surfing.

O’noir Restaurant & Bar – Dining in the dark. The visually impaired staff welcomes you and offers you a variety of surprise dishes. A guaranteed sensory experience since without sight, other senses intensify!

Ristorante Beatrice – Nestled in downtown Montreal’s Golden Square Mile district, Ristorante Beatrice is an Italian eatery with an affection for flavor and style.

The Speakeasy – A prohibition-themed cocktail restaurant that you secretly enter through an ice cream shop.