Elder Law Library for Attorneys

Table of Contents—Volume 8, February 28, 1996

I. President's Message By Joyce Collins, Esq. Page 1

II. Publications Committee Listing and Areas of Responsibility Page 3

III. Committee News and Reports Page 4

• Summary of January 23, 1996 Meeting
  Prepared by: Susana Lannik, Esq.
• NAELA Long Range Planning- Las Vegas Meeting
  Prepared by: Alex Moschella, Esq.

IV. Feature Articles Page 9

• "Advanced Funeral and Burial Arrangements" by Timothy R. Loff, Esq.
• "Computer Technology Comes to NAELA" by Susan Lannik, Esq.

  NOTE: Practice oriented feature articles are needed. What have you learned that can help membership? What needs to be changed? How can we serve our clients better? How can we be less stressed out? Tell us about your case of the week, month or year.

V. Correspondence with D.M.A. and Other Agency Related Matters Page 13

• Thomas R. Mullen's February 22, 1996 Summary Cover Memo and Letter to Taunton DMA Office dated December 27, 1995 relative to transfer of a life estate interest.
• New DMA Phone Listing
  Letter dated February 8, 1996 and accompanying updated list of all DMA staff and phone numbers
  Submitted by: Thomas Mullen, Esq.
• Amicus Brief Regarding PCA Hearing Rights submitted under cover of Emily S. Starr's February 5, 1996 Memo and January 31, 1996 Memo from Pat Rae of Western Mass. Legal Services Inc.
• Post Eligibility Transfers by Community Spouse

  NOTE: An important letter from Daniel J. Tarantino regarding transfer by community spouse applying to a New York spouse that all Chapter members should be aware of. Submitted under cover of Emily Starr's January 30, 1996 Memo.

VI. Fair Hearing Decisions Page 32

• Favorable Decision awarding a deduction from the income of a long term care resident for a dependent's allowance, retroactive to date of eligibility.
  Submitted by: Brian Barreira, Esq. under cover of Liane Zeitz, Esq. January 10, 1996 Memo.
• Fair Hearing decision from Attorney James P. Cleary III in which he successfully argued that a distribution of principal form a Medicaid Qualifying Trust, despite clear language prohibiting such a distribution, does not cause the principal to be considered as a countable asset.
• Fair Hearing decision from Attorney Brooks S. Thayer discussing increased community spouse resource allowance pursuant to 10 C.M.R. 505.190.

VII. Legal Issues to Ponder Page 46

NOTE 1: Please see last issue that we need member response. We have attached once again.

NOTE 2: This is a new feature of our publication in 1996. Please respond to Francis X. Small, Esq. at 158 West Street, Milford, MA 01757, Phone (508) 473-2777, Fax (508) 473-0099. We will publish your response. This is an excellent opportunity to get a hands- on sense of what membership believes are legal issues warranting our consideration. Please submit your facts or questions to Fran.

VIII. Membership Submissions Page 47

• Pre-Paid Geriatric Care Contract allowed as part of Medicaid spend down. Submitted under cover letter of February 15, 1996 from Timothy R. Loff, Esq. with sample contract.
• Memorandum of Decision and Order on Defendant's Motion for Summary Judgment submitted under cover of Kathleen E. O'Connor's February 16, 1996 letter.
• "The Legal View," submitted under cover of Harriet O'Nello's January 26, 1996 Memo.

IX. Tiny Tax Bites

NOTE: Amy Webber and Jack Bowes article will be attached as part of our publication if received on time.

X. Practice Tips

NOTE: No submissions- Practice Management Committee Reports to be included in next edition.

XI. Legislative Update

NOTE: Public Policy Committee Reports to be included in next edition.

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