Previous Events & CLE Programs
June 17, 2008
Committee Meeting
Common Ethical Issues that Arise in the Representation of Elder or Disabled Clients
Join Linda G. Bauer, Assistant Bar Counsel, Board of Bar Overseers, for a discussion on common ethical issues that arise when representing an elderly or disabled person. Examples are:
- Identifying who is the client,
- Determining whether joint representation is possible,
- Identifying other conflicts of interest,
- Importance of meeting alone with the client,
- Assessing competency of the client,
- Protecting client confidences, and
- Getting paid.
May 29, 2008
Committee Meeting
Hospice Care Delivery and Costs: Is There a Better Way?
Sponsors
Health Law Section
Elder Law & Disability Planning Committee
Family Law Section
Please join Dr. Haiden Huskamp, Harvard Medical School, for an overview on the status of hospice. Research shows that hospice, which includes a broad array of palliative and supportive services, can improve symptom management and quality of life for patients with a terminal illness. Use of hospice has increased rapidly over the past several years, yet many terminally ill patients receive hospice care only in the final days before death or never enroll.
This seminar will describe trends in hospice use and the supply of hospice providers, coverage of hospice care, and factors that influence a patient's decision to use hospice. We will also discuss how the primary payer of hospice care - the Medicare program - pays hospices for the care they provide, problems created by this payment approach, and alternative ways of paying for these services.
April 30, 2008
Committee Meeting
The DRA-2 Years Later and How it Has Impacted the Practice of Elder Law
Steven M. Cohen, Cohen and Oalican, will discuss the provisions of the Deficit Reduction Act of 2005. Specifically their impact on elder law practice with particular focus on asset protection strategies that may still be viable for elders needing long term care. In addition, practice issues in dealing with the Office of Medicaid will be addressed.
February 27, 2008
Committee Meeting
Guardianships
Sponsors
Elder Law & Disability Planning Committee
Estate Planning Fundamentals Committee
Elizabeth Baum and Robert Weber of Weber & Baum will provide a general overview of the guardianship process: basic law, a "how to," and pitfalls and problem areas.
A discussion will follow regarding the “Rogers process,” when a Rogers guardian is necessary and a description of duties, along with topics including:
- Interaction of a guardian,
- A health care agent,
- HIPPA issues, and
- The role of the professional guardian.
October 24, 2007
Committee Meeting
Chapter 201, Section 38 Estate Planning Petitions
Harriet Onello and Harriet Schecter will discuss the estate planning statute (chapter 201, section 38) and discuss its use in various contexts, e.g., sale of real estate, inheritances, personal injury settlements, tax savings, etc. They will speak from the perspectives of a practitioner who often acts as counsel for the petitioner and as one who frequently acts as a guardian ad litem. Case studies will be presented and illustrative pleadings will be distributed.
June 27, 2007
Committee Meeting
David H. Jones, a private elder law practitioner, will discuss the planning issues that arise when choosing between a (d)(4)(C) and a (d)(4)(A) trust and introduce you to the MARC Special Needs Pooled Trust, the largest (d)(4)(C) special needs pooled trust currently operating in Massachusetts.
OBRA '93 gave planners two main planning options for self-settled disability trusts, the "(d)(4)(A)" special needs trust and the "(d)(4)(C)" special needs pooled trust. Each of these planning options has its advantages and disadvantages, and knowing how to guide your client through this choice is an important skill.
Prior to entering private practice, Mr. Jones was Assistant General Counsel at the Department of Public Welfare where his duties included appeals involving Medicaid eligibility and enforcement of the state's Medicaid accident and estate recovery liens.
June 12, 2007
Committee Meeting
End-of-Life Treatment Decisions: An Ethicist’s Perspective
Sponsors
Health Law Section
Elder Law & Disability Planning Committee
Join us as we discuss ethical decision-making in end-of-life care. The expert panelists will address ethical issues surrounding the treatment of life-threatening medical conditions, touching on fundamental principles and pragmatic approaches. Topics to be covered include futility of treatment, quality of life and impact of family. Consideration will be given to a range of situations, including treatment of persons with severe pre-existing disabilities.
Panelists:
March 29, 2007
Committee Meeting
How to Administer a Special Needs Trust
Ken Shulman, Counsel to Day Pitney LLP and Marjorie Suisman, Shareholder of Davis, Malm & D’Agostine, PC will continue with part two of a three part series on Special Needs Trusts. Specifically, they will review:
- the differences between self-settled and third party trusts
- the administration of these types of trusts
- how to make trust distributions without running afoul of the SSI and Medicaid rules applicable to clients with special needs
February 26, 2007
Committee Meeting
Advantages and Limitations of Durable Powers of Attorney
Sponsors
Estate Planning Committee
Elder Law & Disability Planning Committee
Russel E. Haddleton of Haddleton & Associates, P.C. and Daniel A. Wentworth of Fidelity Investments will discuss the advantages and limitations of durable powers of attorney. This will be viewed both from the perspective of the attorney who is presenting the power and the person requested to accept the durable power of attorney.
October 25, 2006
Committee Meeting
Basics of Special Needs Planning – Part I: Third Party Trusts vs. Self-Settled Trusts
Ken Shulman, of Day, Berry & Howard, LLP, and Marjorie Suisman, of Davis, Malm & D'Agostine, P.C. will review the differences between third party trusts and self-settled and how they impact eligibility for government assistance. The primary focus will be on trusts which are designed to preserve eligibility for Medicaid and Supplemental Security Income.
Mark your calendars. This will be the first in a series of four basics programs about special needs planning. Future programs are scheduled for February 28, April 25 and June 27.
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