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
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.
- July 11, 2024
- July 13, 2024
- 1:00 PM
- 12:30 PM
- 7.0
- 5.5
- 12.5
- Outside USA
- Marriott Chateau Champlain
1050 Rue De la Gauchetière Ouest
Montréal, QC H3B 4C9
- Deborah S. Ball, Law Offices Of Deborah S. Ball
- Sara E, Meyers, CELA, Enea, Scanlan & Sirignano, LLP
- Britt N. Burner, Burner Prudenti Law, P.C.
- In-Person
- ELDSU24
- Elder Law & Special Needs Section
- Committee on Continuing Legal Education