Elder Law and Special Needs Section Summer 2024 Meeting

CLE Programs
Program Catalog
Elder Law and Special Needs Section Summer 2024 Meeting

Elder Law and Special Needs Section Summer 2024 Meeting

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
1.0 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

1.0 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

1.0 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
Please see Area Attractions for a listing of restaurant selections and unique dining experiences

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 – Sponsored by Arthur B. Levine Co., Inc.

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, Court Attorney to the Honorable Evelyn Gong, NYC Civil Court Queens County

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

1.0 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

Course Materials:

All program materials are being distributed online only via the NYSBA Learning Dashboard available at www.nysba.org.

We recommend that you save and download the course materials in advance if you are bringing a computer or tablet with you to the program. Wi-Fi access is available at this location; however, we cannot guarantee connection speeds.

Accessing Online Course Materials:

Log-in to the NYSBA website.
Hover over the link labeled “Hi, (First Name)" on the top right side of the screen.
Click “My Learning Dashboard” under “Hi (First Name)”.
Locate webinar under “My Programs” tab.
Click blue box labeled “Materials” to view the course materials.