News & Events

Paralegal Course
Time: Continental Breakfast: 7:30 a.m., Program: 8:30 – 5:00
Location: Westin Hotel Waltham-Boston, 70 Third Ave. (Exit 27A, Totten Pond Road from I95 [Rte. 128], Waltham, MA
Speakers: Brian Barreira, Hyman Darling, Leslie Madge, Martha Ramsey and various paralegals

Program Summary:

Long in the making, this is the program Chapter members have been asking for. It is the program designed for paralegals and other support staff. It will provide these staff members with basic information in the areas of:

• Medicaid
• Deeds
• Wills and Trusts
• Health Care Proxies
• Durable Powers of Attorneys
• Probate

In each area the presenters will cover not only the basic law that support staff needs to know, but also the nuts and bolts of getting the job done. Such items as:

• Completing MassHealth Application
• Interacting with the MassHealth Enrollment Center
• Drafting Deeds and Homestead Declarations
• Simple Wills
• Pour-over Wills
• Wills with Testamentary Trusts
• Revocable and Irrevocable Trusts
• Health Care Proxies
• Health Care Proxy Clauses for Certain Religions
• HIPPA Authorizations
• Durable and Springing Powers of Attorney
• Probating Intestate and Testate Estates

Speakers:
Brian Barreira specializes in estate planning, probate and elder law, with offices in Plymouth and Hingham, Massachusetts. He attained an LL.M. in Taxation from Boston University School of Law in 1990 and the status of Certified Elder Law Attorney via the National Elder Law Foundation in 1996. During 1990-1995 he served as Chair of two committees of the American Bar Association on elder law. In 1994, Brian was President of the Massachusetts Chapter of NAELA, and in 2000 and 2002 he received its Outstanding Chapter Member Award. He has moderated and spoken at numerous ABA, MCLE, MBA and NAELA programs and has been widely published on elder law issues.

Hyman Darling is a partner in the Western Massachusetts firm of Bacon & Wilson, P.C., where he has practiced since 1981. He concentrates in the areas of Trusts, Estates, Taxes, Estate Planning, Probate, Guardianships and Elder Law. Prior to joining the firm, he was a Trust Officer. Attorney Darling has been a frequent presenter for both MCLE and the Massachusetts Bar Association as well as speaking for many Springfield civic and professional groups. He also has spoken for NAELA at several conferences both locally and nationally. He is also an adjunct faculty member at Western New England College – School of Law and Bay Path College. Attorney Darling is a member of the Special Needs Alliance and is a member of many local planned giving committees.

Leslie Madge is the founder of the Law Office of Leslie S. Madge, P.C. the premier estate planning and elder care law office of Acton, Massachusetts. Attorney Madge is a graduate of the New England School of Law and is admitted to practice in both Massachusetts and New Hampshire. She is a past President of the Massachusetts Chapter of NAELA and currently sits on its Board of Directors. Attorney Madge was certified as an expert in elder law by the National Elder Law Foundation. She is the author of Legally Speaking, a regular newspaper column addressing topics of interest to the senior citizen community, as well as a frequent presenter at MCLE, Suffolk Law School, NAELA, CPA groups and insurance associations.

Martha Ramsey is the founding partner of Ramsey & Hanesian, LLP, an elder law firm in Hyannis, Massachusetts, that solely provides lega l representation in matters which affect elders and disabled persons. She received her B.A. from Hood College and J.D. from the University Of Baltimore School Of Law. In 1988, she established Ramsey & Associates, the first law firm on Cape Cod to practice elder law. Attorney Ramsey has always been active in organizations which serve the senior population. She is a past director of the National Academy of Elder Law Attorneys, Massachusetts Chapter, past President of Elder Services of Cape Cod and the Islands, and council member of the Barnstable Council on Aging. Currently she is serving as a director of the Cape Cod Cooperative Bank and a trustee of the Cape Cod Foundation.

Senior Paralegals In addition to these speakers, the panel will also include several senior paralegals skilled at carrying out the work of their attorneys. While the attorneys will explain the “whys”, these experienced paralegals will explain the “how” and provide invaluable information on getting the job done.

Directions to The Westin Hotel Waltham-Boston:
From Pike Westbound: Exit 15. Follow signs for Route 128/I95 North. Take Exit 27A, Totten Pond Road and at the end of the ramp take an immediate U-turn onto third Ave. just before the lights. The Hotel is on your left. Follow past the hotel and take a left turn, and then another left into the hotel entrance. Free parking is available in the parking garage on your right.

From Pike Eastbound: Exit 14 to Route 128/I95 North. (Then follow directions above.)

From Route 128/95 North or South: Exit 27A (Then follow directions above.)

Registration Information

Dinner and Board Meeting
Time: Pre-Dinner Un-Program 5:00 p.m.; Program 6:00 p.m.
Location: Westin Hotel Waltham-Boston, 70 Third Ave. (Exit 27A, Totten Pond Road from I95 [Rte. 128], Waltham, MA
Topic: Caregiver Contracts/Caregiver Options
Speakers: G. Mitchell Eckel, III, Esq., Acton, MA; Ian S. Oppenheim, Esq., Halifax, MA; Jamie L. White, LICSW

Pre-Dinner Un-Program Summary:

Getting Through the Probate Maze for c.201, sec. 38 Petitions and other Non-Routine Petitions.

Due to room capacity, you must indicate on your registration if you will attend the pre-dinner program. Unless you sign up and arrive by 5:00 p.m. you will not be guaranteed admission to the discussion. Doors will be closed when the room capacity is met, or at 5:10 p.m., to eliminate the distraction caused by late arrivals.

Directions to The Westin Hotel Waltham-Boston:
From Pike Westbound: Exit 15. Follow signs for Route 128/I95 North. Take Exit 27A, Totten Pond Road and at the end of the ramp take an immediate U-turn onto third Ave. just before the lights. The Hotel is on your left. Follow past the hotel and take a left turn, and then another left into the hotel entrance. Free parking is available in the parking garage on your right.

From Pike Eastbound: Exit 14 to Route 128/I95 North. (Then follow directions above.)

From Route 128/95 North or South: Exit 27A (Then follow directions above.)

Program Summary:

Caregiver contracts were always a good planning tool for families who wanted to manage care giving responsibilities and expectations. Now, as options for financing long term nursing home care narrow, more and more people are exploring the viability of at-home care. A well written Caregiver Contract can protect family relationships, and family assets.

This program will examine the use of caregiver contracts for both family and non-family caregivers. The presenters will alert you to the "must-have" contract provisions that protect your clients, and pass muster with MassHealth. The viability of pre-funded contracts, and contracts for the benefit of individuals who are already nursing home residents will be discussed, in light of recent MassHealth developments.

The tax aspects of these arrangements are an integral part of the planning process. The program will discuss the various tax aspects of these contracts. Are there ways to lessen the income tax bite to family caregivers? What must elder law attorneys know in order to properly advise clients about their employment law and tax obligations under caregiver contracts?

Finally, attendees will learn about a new Massachusetts program under which family member caregivers can receive tax free payments from the state for providing care to an elder at home.

This program is a must for elder law practitioners who want to know about the most up-to-date opportunities available for their clients.

Speakers:
G. Mitchell Eckel, III, Esq. is a 1972 graduate of Harvard Law School and holds a Master of Laws in Taxation degree from Boston University School of Law. Attorney Eckel is a principal of the Eckel, Morgan & O'Connor Law Office in Acton, Massachusetts where he concentrates his practice in the areas of estate planning/administration, probate, taxation and general corporate and business planning areas. He is admitted to the Bars of Massachusetts and New Hampshire and has been awarded the "AV" professional rating, the highest rating of the Martindale-Hubbell Rating System for attorneys. Attorney Eckel is a member of the National and Massachusetts chapters of the National Academy of Elder Law Attorneys, and is past member of the Massachusetts Chapter Board of Directors.

Ian S. Oppenheim, Esq. is the managing partner of Oppenheim & Cole, LLP in Halifax, Massachusetts, an elder and disability law practice. Ian, a 1972 graduate of Northeastern University School of Law, is a Certified Elder Law Attorney, a NAELA Fellow, a Director of the National Elder Law Foundation and Immediate Past President of the Massachusetts Chapter of NAELA. He is a frequent planner, speaker and moderator of MANAELA/Suffolk University Law School Regional Elder Law Symposiums and Institutes. He also serves as a faculty member for Massachusetts Continuing Legal Education, Inc. [MCLE], has presented at national NAELA conferences and is the immediate past president of the Massachusetts Chapter of NAELA.

Jamie L White has been involved in elder services for over twenty years. As a LICSW, she has practiced clinically as a geriatric psychotherapist for multiple nursing facilities and health care companies including New England Geriatrics. With an MBA from Simmons Graduate School of Management, she has also held management positions in a number of diverse organizations including Work/Family Directions, Inc., Cambridge Focus, and Minuteman Home Care Corporation. Ms. White enjoys her current position as Massachusetts Program Director- Metro West for Caregiver Homes and its parent company, Seniorlink.

Dinner and Board Meeting
Time: Pre-Dinner Un-Program 5:00 p.m.; Program 6:00 p.m.
Location: Westin Hotel Waltham-Boston, 70 Third Ave. (Exit 27A, Totten Pond Road from I95 [Rte. 128], Waltham, MA
Topic: Funding and Administering Trusts
Speakers: Paul Bernstein, Esq., Salem; Ken W. Shulman, Esq., Boston, Ann I. Weber, Esq., Springfield

Pre-Dinner Un-Program Summary:

Selection of a Trustee and the duties and responsibilities of a Trustee. Removal of Trustees and having the Attorney serve as a Trustee or Co-Trustee.

The pre-dinner program for April will concentrate on the issues of Trustees. Discussion will revolve around the selection of trustees on various types of trusts, the duties and responsibilities of trustees, the appointment of successor trustees, and the removal of "unfriendly" trustees. Attorneys who serve as trustees will also lead discussion about their experiences, both positive and negative.

Directions to The Westin Hotel Waltham-Boston:
From Pike Westbound: Exit 15. Follow signs for Route 128/I95 North. Take Exit 27A, Totten Pond Road and at the end of the ramp take an immediate U-turn onto third Ave. just before the lights. The Hotel is on your left. Follow past the hotel and take a left turn, and then another left into the hotel entrance. Free parking is available in the parking garage on your right.

From Pike Eastbound: Exit 14 to Route 128/I95 North. (Then follow directions above.)

From Route 128/95 North or South: Exit 27A (Then follow directions above.)

Program Summary:

Although estate planning and elder law attorneys may be proficient in the area of drafting the appropriate trust instrument to meet their client's needs, many practitioners are less familiar with the actual funding and administration of the trusts they draft. This program will focus on the funding and administration of estate tax savings trusts upon the death of the first spouse and on the funding and administration of self-settled (d)(4)(A) trusts.

The panelists will review the various funding formulas commonly used, including the difference between the pecuniary formula and the fractional share formula, the 100% QTIP trust, and the 3-share trust commonly used in Massachusetts. The discussion will focus on the mechanics of funding the separate trust shares, including properly reflecting the funding on the estate tax return to ensure proper tax treatment.

The proper administration of these trusts during the lifetime of the surviving spouse will be explained. The discussion will include establishing and managing trust accounts, application of the ascertainable standard to distributions, advising family member trustees, and an overview of income tax reporting requirements.

The panel will then turn to the mechanics of creating and funding the (d)(4)(A) trust, in particular when there is no parent or grandparent available to do so. The discussion will focus on the administration of these trusts including permissible distributions, the mechanics of purchasing assets such as automobiles, filing income tax returns, and dealing with Social Security and MassHealth.

Whether you serve as Trustee or advise your clients who serve as Trustee, this program is a must.

Speakers:
Ken W. Shulman, Esq. is an attorney with Day Pitney LLP in Boston where his practice focuses on estate planning and related issues for elders and for families who have disabled children. Ken is co-chairman of the Elder and Disability Planning Committee of the Boston Bar Association. He is the author of the chapter entitled, Planning for the Disabled Child in the MCLE publication Estate Planning for the Aging or Incapacitated Client in Massachusetts, and recently coauthored the Special Needs Trust Administration Manual, A Guide for Trustees.

Ann I. Weber, Esq. is a partner with the firm of Shatz, Schwartz and Fentin, P.C. in Springfield, with a practice concentrating in the areas of estate planning, taxation and probate law. Ann is a frequent lecturer before professional and civic groups on the subject of estate taxation and estate planning and is the author of numerous articles on these topics as well as Medicaid planning for elderly clients. Attorney Weber is a fellow of the American College of Trust and Estate Counsel (ACTEC), the past president of the Estate Planning Council of Hampden County, and a former (and founding) board member of MANAELA.

Paul Bernstein, Esq. is the founder of the Bernstein Law Group, PC, located in Salem, MA, and is licensed to practice law in the Commonwealth of Massachusetts, having been admitted to the Bar in 1992. He is a member of the Bar of the State of Pennsylvania and is admitted to practice before the United States Tax Court and the United States District Court. Attorney Bernstein is a Founding Member of WealthCounsel estate planning attorneys, a charter member and Chairman of the New England Estate Planning Attorneys Symposium, member of the Board of Directors of the Massachusetts Chapter of the National Association of Elder Law Attorneys; a member of Business Enterprises Institute, a member of the Essex County Estate Planning and Business Council, and a member of the National Association of Trusts and Estates Professionals. He maintains his professional memberships in the American Bar Association and Massachusetts Bar Association and the Society of Financial Service Professionals. Attorney Bernstein is a frequent lecturer to attorneys and financial professionals concerning issues of Wealth and Business Strategy counseling.

ELDER LAW INSTITUTE XIII - THE A-Z'S OF REAL PROPERTY ISSUES

What Every Elder Law Attorney Needs to Know About Real Estate

Friday, March 16, 2007, 9:00 a.m. - 5:00 p.m.

Suffolk University Law School and the Massachusetts Chapter of NAELA

All elder law attorneys are faced with navigating thorny issues related to the use of special powers of appointments in deeds, as well as the consequences of releasing a life estate interest. The checklist of issues varies from how to "disjoint" joint interests to the practical implications of a petition to partition.  This year's Institute addresses the practical implications of real estate transactions elder law attorneys face on a daily basis. The impact of DRA – 05 is addressed in the context of the myriad of concerns that arise in utilizing new planning strategies that now include the use of promissory notes and reverse mortgages. The use of life estates and nominee trusts as well as all other forms of real estate transfers including the homestead provisions will be presented so you will be better equipped to handle these issues.

View the program brochure (PDF)

For more information

Multi-Site Breakfast Meeting
Time: 8:30 - 10:30 a.m.
Location:
Country Club of Halifax, 100 Country Club Dr., Halifax, MA 781-293-9061
Holiday Inn Peabody, 1 Newbury St. (Rte. 1 Northbound), Peabody, MA 978-535-4600
Holiday Inn Marlborough, 265 Lakeside Ave., Marlborough, MA 508-481-3000
The Hotel Northampton, 36 King St., Northampton, MA 413-584-3100
Topic: "Long Term Care Planning and Medicaid One Year After the Deficit Reduction Act"
Speakers:
Peabody: Margot G. Birke, Esq., Newburyport, MA (Site Coordinator/Panel Moderator); Kenneth Anding, LUTF, John Hancock, Andover, MA; Mark Baron, The Bulfinch Group, Wakefield, MA; Stephen Spano, Esq., MBA, CELA, Law Offices of Spano & Dawicki, Saugus, MA
Marlborough: Mark F. Cavanaugh, Esq., Bass, Doherty & Finks PC, Boston, MA (Site Coordinator/Panel Moderator); Tobe Gerard, CSA, CLTC, MBA, MLS, Natick, MA; Stephen R. Pepe, Esq., BNY Mortage Company, LLC, Milford, MA; Adam Sachs, Senior Financial Advisor, John Hancock Financial Network, Wellesley Hills, MA
Halifax: Holly K. Harris, Esq., Law Office of Holly K. Harris, Norwell, MA (Site Coordinator/Panel Moderator); David J. Correira, Esq. Correira & Associates, Providence and Newport, RI, Boston and Swansea, MA; Lisa McAree, CLU, LTCP, The McAree Company, Braintree, MA; Robert A. Wilkinson, Esq., New England Trust Services, Wakefield, MA
Northampton: John L. Roberts, Esq., CELA, Longmeadow, MA (Site Coordinator/Panel Moderator); Hyman G. Darling, Esq., Bacon & Wilson, Springfield, MA; John L. Gauthier, Dowd Financial Services, Holyoke, MA; Cynthia O'Dell- Martin, Retiree Financial Services, South Hadley, MA

Program Summary:

With a year's worth of experience since the enactment of the DRA, the multi-site MANAELA breakfast program will focus on long term care planning, problems and solutions.

The following will be discussed and analyzed by the panelists.

Maximizing the resources available to a community spouse.

• Dividing assets of the fragile couple
• Transfer assets between spouses
• Using testamentary trusts
• Reverse mortgages
• Spousal Annuities - who to name as beneficiary?

Maximizing resources available to other family members

• Transferring assets to a disabled child
• Creating equity interests in siblings
• Using annuities for single individuals
• Commercial v. private annuities
• Using promissory notes as planning tools
• Reverse half-a-loaf planning
• Partial cures
• Rental property as a planning tool
• Life estates - still living?
• Irrevocable Trusts
• Caregiver Agreements

Long Term Care Insurance – the wave of the future?

• Analyzing the client's income and assets
• Affordability and insurability
• Evaluating the LTC policy
• Comparing current Massachusetts LTC insurance with "Partnership" policies

This presentation offers a concise update on the issues and possible solutions available to your elder clients and their families. To optimize your ability to absorb and participate in the program, download The Shoppers Guide to Long Term Care Insurance from the National Association of Insurance Commissioners at:

http://www.ltcfeds.com/documents/files/NAIC_Shoppers_Guide.pdf

Dinner and Board Meeting
Time: Pre-Dinner Un-Program 5:00 p.m.; Program 6:00 p.m.
Location: Westin Hotel Waltham-Boston, 70 Third Ave. (Exit 27A, Totten Pond Road from I95 [Rte. 128], Waltham, MA
Topic: Elders in Financial Crisis
Speakers: Robert H. Ryan, Esq., Boston; Richard Shapiro, Natick; Victoria R. Whelan, Esq., Danvers

Pre-Dinner Un-Program Summary:

The pre-dinner program will follow the discussion format of the last few months. The kick off topic for January will be the guardianship process and Rogers hearings and will include a discussion of Rudow procedures for obtaining payment for guardians and attorneys, and how often payment may be made. MANAELA members with guardianship expertise will facilitate the discussion at the tables.

Due to room capacity, you must indicate on your registration that you will attend the pre-dinner un-program. Unless you sign up and arrive by 5:00 p.m. you will not be guaranteed admission to the discussion. Doors will be closed when room capacity is met, or at 5:10 p.m., to eliminate the distraction caused by late arrivals.

Directions to The Westin Hotel Waltham-Boston:
From Pike Westbound: Exit 15. Follow signs for Route 128/I95 North. Take Exit 27A, Totten Pond Road and at the end of the ramp take an immediate U-turn onto third Ave. just before the lights. The Hotel is on your left. Follow past the hotel and take a left turn, and then another left into the hotel entrance. Free parking is available in the parking garage on your right.

From Pike Eastbound: Exit 14 to Route 128/I95 North. (Then follow directions above.)

From Route 128/95 North or South: Exit 27A (Then follow directions above.)

Program Summary:

With the cost of health care, gas, food and other necessities of life on the rise, many elder law attorneys are seeing a significant increase in the number of their elderly clients who are unable to make ends meet. Some elders turn to credit cards, others to family members, and some just do without.

This program will examine ways in which we as elder law practitioners can assist our clients in financial crisis. The program will include an in-depth discussion of the Massachusetts Homestead statute, including the circumstances under which a Declaration of Homestead will and will not protect the home and whether elders can "stack" homesteads. The availability of tax credits and possible asset protection planning opportunities for elders will also be discussed.

The speakers will discuss the pros and cons of using reverse mortgages to create income for elders. Attendees will receive information about the eligibility criteria for a reverse mortgage, the cost of obtaining a reverse mortgage, and the various ways in which these products operate.

Finally, at what point should the elder law attorney refer his or her elderly client to bankruptcy counsel. The program will include a review of portions of the 2005 amendments to the federal bankruptcy law which include the potential for serious liability for attorneys who advise clients about debt relief. The panel will tell you what you need to know to ensure you don't run afoul of this new law!

Speakers:
ROBERT H. RYAN, ESQ., is an attorney with the Law Firm of Bove & Langa, P.C. in Boston, where he concentrates in the areas of estate tax planning, estate administration, charitable planning, and elder law planning. He received his B.S. degree in Accounting from the Wallace E. Carroll School of Management at Boston College, his J.D. degree from Suffolk University, and his LL.M. degree in Taxation from Boston University. Mr. Ryan has written numerous published articles, including the quarterly Legal Developments column in the Asset Protection Journal published by Aspen Publishers, Inc., which he co-authored in 2001 and 2002, the Massachusetts Bar Association Section Review, and has been a lecturer for both the Massachusetts and Boston Bar Associations, MCLE and Lorman Educational Services. Mr. Ryan is admitted to practice in both Massachusetts and Rhode Island, and is a member of the Boston (member, Trust & Estates and Estate Planning Sections), Massachusetts (member, Probate Section Council 2000 to 2003) and Rhode Island Bar Associations, The Boston Estate Planning Council, The Boston Probate and Estate Planning Forum and NAELA.

RICHARD SHAPIRO is a co-owner of Asset Mortgage Group which is located in Natick, MA. He is a graduate of the University of Denver and started working in the mortgage business in 1993. After his last employer sold and merged into a large national lender, Mr. Shapiro along with his older brother, Loren Shapiro and Mark Glynn opened Asset Mortgage Group in September of 2001. Asset Mortgage is a Massachusetts licensed mortgage broker and lender and has been offering reverse mortgages since 2005.

VICTORIA R. WHELAN, ESQ. is an attorney whose practice is concentrated primarily in the areas of Bankruptcy, Wills, Trusts and estates. Her law office is in Danvers, Massachusetts. Attorney Whelan has been practicing before the US Bankruptcy Court for Massachusetts since 2002. Her work has included both Chapter 7 and Chapter 13 bankruptcy filings. She is a member of the Boston Bar Association's Bankruptcy Section.

Dinner and Board Meeting - Annual Meeting
Time: Pre-Dinner Un-Program 5:00 p.m.; Program 6:00 p.m.
Location: Westin Hotel Waltham-Boston, 70 Third Ave. (Exit 27A, Totten Pond Road from I95 [Rte. 128], Waltham, MA
Topic: Implementation of the DRA: What Now?
Speakers: William Brisk, Esq., Newton, MA; G. Mark Shalloway, Esq., West Palm Beach, FL

Pre-Dinner Un-Program Summary:

The results of the Evaluations from the September and October Pre-Dinner Programs have been tabulated. The majority of those responding want less noise in the meeting room; to use the time to discuss questions and concerns with participants; and, a pre-selected topic to kick off the discussion, with a facilitator with expertise participating to answer questions and inspire the discussion.

Please note: At this meeting, we will have 2 rooms available for the Un-program in an effort to address the noise problem. The kick off topic in one of the rooms will be Social Security benefits, with Neal Winston facilitating, and in the other, Tiny Tax Topics with table discussions and Mass Naela member attorneys with tax expertise facilitating. Please check the meeting room assignments at the hotel to determine where to go.

Due to room capacity, you must indicate on your registration, that you intend to attend the pre-dinner unprogram and which session you plan to attend. Unless you sign up and arrive by 5:00, you will not be guaranteed admission to the discussion. Doors will be closed when room capacity is filled or at 5:10 pm to eliminate the distraction caused by late arrivals.

Directions to The Westin Hotel Waltham-Boston:
From Pike Westbound: Exit 15. Follow signs for Route 128/I95 North. Take Exit 27A, Totten Pond Road and at the end of the ramp take an immediate U-turn onto third Ave. just before the lights. The Hotel is on your left. Follow past the hotel and take a left turn, and then another left into the hotel entrance. Free parking is available in the parking garage on your right.

From Pike Eastbound: Exit 14 to Route 128/I95 North. (Then follow directions above.)

From Route 128/95 North or South: Exit 27A (Then follow directions above.)

Program Summary:

By now, most elder law practitioners are familiar with the various provisions of the Deficit Reduction Act (DRA) as they relate to our clients and our practices. However, the manner in which many of these provisions will be implemented and how the states will interpret these provisions is an entirely different matter. This program will cover major implementation issues of the DRA in various states and address the involvement of CMS in federal oversight of implementation and interpretation of the DRA.

Speakers:
ATTORNEY WILLIAM J. BRISK is a Certified Elder Law Attorney and a Fellow of NAELA. Bill received his B.A. from Brown University and his law degree from New York University School of Law as a Root-Tilden Scholar. Bill also holds a Ph.D. in international and Latin American politics from Johns Hopkins University. Bill manages an elder law practice in Newton, which concentrates on long-term care and estate planning, guardianship, probate, and litigation on behalf of elders. Bill has written articles, case comments, and book reviews on virtually every aspect of elder law. He lectures annually on Medicaid and on ethics. Bill was editor of the NAELA Quarterly and served as President of the Massachusetts Chapter of NAELA as well as on the Massachusetts Bar Association's Board of Delegates. He is currently serving his second term on NAELA's Board of Directors.

ATTORNEY G. MARK SHALLOWAY is the President-elect and a Fellow of NAELA. He specializes in elder law in the law firm of Shalloway and Shalloway, P.C., in West Palm Beach, Florida. He is a Certified Elder Law Attorney via the National Elder Law Foundation, and holds an AV rating with Martindale-Hubbell. Mark has served as President of the Academy of Florida Elder Law Attorneys and has received the NAELA Outstanding Achievement Award for his work at the state chapter level. He has spoken for Stetson College of Law on special needs trusts and at many other legal programs.

Pre-Dinner Un-Program Summary:

The pre-dinner program will follow the discussion format initiated at the September pre-dinner meeting. The general topic will be title and other real estate issues. Real estate gurus and at least one title insurance attorney will be present to provide expertise and stimulate discussion. Please email questions and issues that are of interest to you to Martha Ramsey prior to the meeting.

Groups will begin to form at 5:00 p.m. in the dinner meeting room and attendees will have approximately an hour before dinner to discuss not only the general UN-PROGRAM topic, but to explore other issues of mutual interest or concern.

Directions to The Westin Hotel Waltham-Boston:
From Pike Westbound: Exit 15. Follow signs for Route 128/I95 North. Take Exit 27A, Totten Pond Road and at the end of the ramp take an immediate U-turn onto third Ave. just before the lights. The Hotel is on your left. Follow past the hotel and take a left turn, and then another left into the hotel entrance. Free parking is available in the parking garage on your right.

From Pike Eastbound: Exit 14 to Route 128/I95 North. (Then follow directions above.)

From Route 128/95 North or South: Exit 27A (Then follow directions above.)

Program Summary:

While most elder law attorneys are familiar with the eligibility criteria for our clients who face institutional care, many of us are far less familiar with the options which may be available to our clients who are able to remain in the community with assistance.

This "must see" presentation will explore programs for community based elders about which many elder law attorneys may be unaware. Attendees will learn about programs available to elders in the community through their local Aging Service Access Point (ASAP) agency, including the ins and outs of the Home Care Program which enables elders to remain in their homes by providing a variety of services. The panelists will provide information regarding financial and other eligibility requirements which must be met.

The Elder Service Plan (PACE) can be an attractive option for elders living in communities serviced by this Plan. The criteria for eligibility and the advantages and disadvantages of signing onto this plan will be discussed.

Finally, MassHealth offers a variety of community programs to eligible elders. What are the current programs and who is eligible?

Speakers:
MONICA ALLEY, LICSW, completed her Masters in Social Work at Boston College in 1988. Since then, Monica has become certified as a Dementia Specialist and earned a Certificate in Human Services Agency Management at Boston University. She has worked in a variety of health and human service settings, and has developed specialized services for elders including home-based mental health treatment, bilingual programming, and caregiver wellness initiatives. Since 2001, Monica has been the Director of Client Services at BayPath Elder Services in Framingham, MA where she manages a wide range of home care programs, housing sites, and volunteer initiatives that promote elders' independence and quality of life.

DEBORAH LISS FINS, LICSW, is president of Deborah Fins Associates, PC, an elder care issues and organizational consulting firm. She is a licensed independent clinical social worker and certified care manager. Ms. Fins has lectured extensively in the areas of care options for elders as well as guardianship and related matters. She is a member of the National Association of Professional Geriatric Care Managers and its New England chapter, National Association of Social Workers, National and Massachusetts Guardianship Associations, Worcester Alzheimer's Partnership and is an educational subscriber to Massachusetts NAELA. She is an active community volunteer, currently serving as immediate Past-President of Elder Services of Worcester (the local ASAP), as a community member of the Ethics Committee at the Jewish Healthcare Center, and taskforce member of the Central Massachusetts Partnership to Improve End of Life Care. Ms. Fins is a graduate of Brandeis University and the Columbia University School of Social Work.

LAURA SILVER TRAIGER, ESQ. is a staff attorney with the Worcester and Fitchburg law firm of Ciota, Starr & Vander Linden. Ms. Traiger concentrates on the legal issues facing older and disabled clients, including estate and long-term care planning, guardianship and estate administration. She is a cum laude graduate of Suffolk University Law School and the University of Massachusetts at Amherst. She is the author of a chapter in Estate Planning for the Aging or Incapacitated Client in Massachusetts, entitled MassHealth Options For Individuals Living In The Community. She is a member of the National Academy of Elder Law Attorneys and serves on the Board of Elder Services of Worcester. She also speaks regularly before senior and professional groups, as well as to health care professionals in hospitals and nursing homes concerning the ever-changing field of elder law.

LISA YORRA has been the Community Outreach Manager at Elder Service Plan of Harbor Health, a PACE (Program All-inclusive Care for the Elderly) program, since 1998. Before that time, she worked as Director of Social Day Programs at Hale-Barnard Services, and as the Adult Day Health Manager at Elder Service Plan of East Boston. She is a graduate of Northeastern University.

Dinner and Board Meeting
Time: Pre-Dinner Program 5:00 p.m.; Program 6:30 p.m.
Location: Westin Hotel Waltham-Boston, 70 Third Ave. (Exit 27A, Totten Pond Road from I95 [Rte. 128], Waltham, MA
Topic: The New DRA Regulations on Long Term Care Eligibility in Massachusetts by Attorneys Susan Levin and Deborah Thomson.
Panel Topic: Commercial Annuities: Core Issue in Long Term Care Planning and the DRA
Speakers: Timothy R. Loff, Esq., Newton, MA; Emily Starr, Esq., Worcester and Fitchburg, MA; Ken Anding, Andover, MA

Pre-Dinner Program Summary:

At its Planning Retreat in June, the Board of Directors reviewed the Pre-Dinner Program format and concluded that the facilitator presentations with a large group in attendance have not been conducive to discussion among peers about practice issues, new laws and regulations.

This month there will be no pre-dinner program facilitator. Attendees of the Pre-Dinner Un-Program will break into small discussion groups. Groups will begin to form at 5:00 p.m. in the dinner meeting room and attendees will have approximately an hour before dinner to discuss not only the general un-program topic, but to explore other issues of mutual interest or concern.

GENERAL UN-PROGRAM TOPIC FOR THE SEPTEMBER MEETING — Filing Medicaid Applications Post DRA and the Massachusetts Regulations Effective 7/1/06
The primary discussion will start with sharing experiences of filing applications and the responses of the MassHealth Enrollment Centers.

Directions to The Westin Hotel Waltham-Boston

From Pike Westbound: Exit 15. Follow signs for Route 128/I95 North. Take Exit 27A, Totten Pond Road and at the end of the ramp take an immediate U-turn onto third Ave. just before the lights. The Hotel is on your left. Follow past the hotel and take a left turn, and then another left into the hotel entrance. Free parking is available in the parking garage on your right.

From Pike Eastbound: Exit 14 to Route 128/I95 North. (Then follow directions above.)

From Route 128/95 North or South: Exit 27A (Then follow directions above.)

Program Summary:

Dinner meeting begins with a Presentation and Discussion of the New DRA Regulations on Long Term Care Eligibility in Massachusetts, by Attorneys Susan Levin and Deborah Thomson

Faculty Presenters
Timothy R. Loff received his law degree from the New England School of Law in 1977. His law practice in Newton is focused on Estate and Healthcare planning; Disability and Long-term Care Planning; Trusts; Guardianship, and Estate Administration. He is a Director of MANAELA and the Visiting Nurse and Community Health, Inc. and is a member of the West Suburban Alzheimer's Partnership, Waltham Geriatric Care Task Force, Newton Inter-Agency Council on Aging, Newton-Wellesley Alzheimer's Center Ethics Committee, and is Vice-Chairman of the West Suburban Elder Services Money Management Advisory Board.

Emily Starr is a graduate of Vassar College and Boston University School of Law. She is a partner in the Worcester and Fitchburg law firm of Ciota, Starr & Vander Linden, concentrating in the area of elder law and special needs planning which includes Medicaid and estate planning, guardianship and probate. She co-edited the three volume treatise entitled Estate Planning for the Aged and Incapacitated Client in Massachusetts for MCLE and a Legal Handbook for Massachusetts Elders for the Massachusetts Bar Association. For twenty one years she has co-chaired the leading program on elder law given by MCLE and speaks frequently to professional and non professional groups. Emily served on the Board of the National Academy of Elder Law Attorneys (NAELA) which awarded her the honor of Fellow. She is certified as an Elder Law Attorney (CELA). She currently serves as chair of the Guardianship Committee of Jewish Family Service of Worcester and the Ethics Committee of Briarwood Continuing Care Retirement Community. In addition to her state and local bar association and NAELA memberships, Ms. Starr is a member of the Special Needs Alliance, a national organization of attorneys specializing in special needs planning.

Ken Anding, LUTCF has been with John Hancock for over 16 years offering insurance products for asset protection and estate conservation. PROPER USE OF ANNUITIES is another area he feels is very important. Due to his experience and his reputation as a credible and reliable speaker in this field, he has been asked to serve as a panelist at forums for the National Academy of Elder Law Attorneys, Massachusetts Black Lawyers, Suffolk Law University and cable television. Ken has been in constant attendance at NAELA for over 15 years.