News & Events

Dinner and Board Meeting
Time: Pre-Dinner 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: Medicaid Planning with d(4)(C) Pooled Trusts — What Every Good Medicaid Planner Needs to Know After DRA 2005
Speakers: Patricia Freedman, Esq.; Michael Hooker, Esq., Northampton; Peter M. Macy, Esq., Boston; Alex Moschella, Esq., Somerville

Pre-Dinner Program Summary: The topic for the pre-dinner meeting will be the use of health proxies, living wills, DNR orders and advance directives that specify one's right to die or not. Discussion will include the practical and legal use of these documents, as well as guardianship proceedings to terminate life sustaining measures. Also, the interaction with physicians, hospitals, and other medical personnel will be discussed.

Program Summary: Although d(4)(C) Pooled Trusts are nothing new, they have become increasingly important as resources for single elders facing extended nursing home stays in the aftermath of the Deficit Reduction Act of 2005. Most of us have more questions than answers about Pooled Trusts. How does a Pooled Trust account work? Who manages it, and what are its costs and benefits for our clients? How can the funds in the account be used? And how does opening a Pooled Trust account compare to the purchase of an annuity for an individual or couple facing long-term care? Elder law practice today requires that we know more about Pooled Trusts, and that we be able to discuss them as a planning option with our clients. Panelists will discuss:

• The statutory basis for Pooled Trusts.
• Why creating such an account can be penalty free.
• Which specific programs are available in Massachusetts, and how to contact them.
• Who can make transfers into these trusts and when they should be considered.
• What assets can be transferred and what makes sense in terms of types and amounts.
• What are the costs associated with these trusts and how do they compare with other alternatives.
• What benefits can be paid from a Pooled Trust account once the elder is qualified for Medicaid.
• What will happen to the elderís remaining assets after he or she dies.
• A comparison of Pooled Trust costs and benefits for single persons versus married persons.
• What are the estate planning implications of Pooled Trust accounts.

Speakers:
Patricia Freedman, Esq. has been the Executive Director of Planned Lifetime Assistance Network (PLAN) of Massachusetts, Inc. since 2003. In 2003, there were 32 Trust Beneficiaries and $1.2 Million in assets under management; there are currently close to 300 Trust Beneficiaries and $11.4 Million ins assets under management. PLAN of Massachusetts if a non-profit (501(c)(3) organization that is an affiliate of the National PLAN Alliance. PLAN of Massachusetts administers two Pooled Trusts: a self-settled (d)(4)(C) Pooled Trust; and, a Third Party Special Needs Pooled Trust. Prior to being at PLAN of Massachusetts, she was the Director of the Pike Institute on Law and Disability at Boston University School of Law. She also served as the Deputy Director of the Disability Law Center in Boston. She has written numerous articles on disability issues, including issues of estate planning for families who have family members with disabilities. Ms. Freedman has served on several boards of directors of organizations that address the needs of people with disabilities. A graduate of Northeastern University Law School, she has received several awards for her work on behalf of people with disabilities.

Michael Hooker, Esq. has worked exclusively in elder law for the last 14 years. He represents several nursing homes in western Massachusetts and has extensive experience in the area of guardianships. He has served as guardian/fiduciary for hundreds of elderly and disabled people. His practice is unique to western Massachusetts and perhaps the state because of his cross-discipline staff. He employees a geriatric care LSW, a nurse/ geriatric care manager and a Medicaid/third party insurance specialist. He earned his B.A. from S.U.N.Y Buffalo in 1979 and his J.D. from Suffolk University in 1985.

Peter M. Macy, Esq. is founder and executive director of the Family Trust of Massachusetts, Inc., a non-profit organization based in Boston that has established a Medicaid-exempt pooled trust for elderly and disabled persons. The Family Pooled Trust program currently provides supplemental support for more than 70 beneficiaries, and it has begun funding an endowment to provide guardianship services to the indigent in Massachusetts. In addition to managing the Family Pooled Trust program, Mr. Macy is a member of Weston Patrick, a professional association of attorneys located in Boston, Massachusetts, where he maintains a private practice in Medicaid law, trusts and estates, guardianship and probate matters. Mr. Macy has written about Medicaid issues for the Massachusetts Law Review, and speaks regularly in the Boston area about Medicaid and other elder law topics. He earned his J.D. from Boston College Law School, and holds graduate degrees in education and theology from Harvard University. He is a member of the Boston Bar Association and the National Academy of Elder Law Attorneys.

Alex L. Moschella, Esq. is a partner in the elder and special needs law firm of Moschella & Winston, LLP in Somerville. Since 1991, he has been an adjunct faculty member at Suffolk University Law School, teaching elder law. He currently serves on the Board of Directors of the Massachusetts Alzheimer's Association. Mr. Moschella, prior to entering private practice, served as Acting Executive Director and Assistant Director of the Massachusetts Bar Association (MBA). He also served on the Board of Directors of the National Academy of Elder Law Attorneys (NAELA), and is a Fellow of NAELA. Mr. Moschella served as Chair of the Task Force on Multidisciplinary Practices, co-editor of the NAELA newsletter, and is past President of the Massachusetts Chapter of NAELA. He has coordinated numerous Suffolk University Law School Elder Law Institutes and the New England Symposium on Elder Law with the Massachusetts Chapter of NAELA. A graduate of Villanova University, Mr. Moschella received his J.D. degree from Suffolk University Law School. He received the Suffolk Alumni Public Service Award in 2002, and in 2005 earned the prestigious Charles P. Kindregan, Jr. Award for Extraordinary Contributions to the Center for Advanced Legal Studies.

Directions to The Westin Hotel Waltham-Boston

Paralegal Course
Time: 8:00 a.m. – 4:00 p.m.  Lunch will be provided.
Location: Westin Hotel Waltham-Boston, 70 Third Ave. (Exit 27A, Totten Pond Road from I95 [Rte. 128], Waltham, MA
Speakers: Attorneys Paul Bernstein, Hyman Darling, Leslie Madge, Neal Winston and various paralegals

Program Summary: As a follow-up to last year's well-received "basics" program for paralegals, MANAELA's second annual Paralegal Course will cover everything paralegals need to know about Trusts. 

The program will review the life cycle of a Trust and will cover such topics as

• Types and purposes of different revocable and irrevocable trusts
• Issues to be aware of when drafting a trust
• Different trust distribution schemes
• Specific trust provisions
• Trust funding and issues related to funding trusts with different types of assets
• Preparation and approval of testamentary and inter vivos trust accounts
• Trust administration issues, including establishing a testamentary trust, tax filing requirements, communication with and distributions to beneficiaries, and trust termination

This year, the program will also include a panel discussion of how the speakers' offices handle a variety of practice issues related to trusts, including the allocation of work among staff members, best practices for completing various tasks, time-saving tips, and ways to streamline tasks and work more efficiently.

Speakers:
Paul Bernstein is the principal and founder of the Bernstein Law Group, PC, a firm concentrating in Advanced and General Estate Planning, Asset Protection Planning and other related areas. Attorney Bernstein 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 frequent lecturer to financial professionals concerning issues of Wealth and Business Strategy counseling. Attorney Bernstein is a Founding Member of Wealth Counsel 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 NAELA, and a member of the Board of the Essex County Estate Planning and Business Council.

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 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 law firm 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 (CELA) 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.

Neal Winston is an authority on government benefit programs, especially SSI and Social Security, and has extensive experience as a Trustee of special needs and other trusts. He is a graduate of Utica College of Syracuse University and Suffolk University Law School, and wrote the first edition of the Social Security Manual for the Community Worker in 1975. Neal was the 2004 President of the Massachusetts Chapter of NAELA and has been certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). He is a member of NAELA's Public Policy Committee, the National Organization of Social Security Claimants' Representatives, the Social Security Committee of the ABA, and the Special Needs Alliance. Neal is active in legislative issues, lectures frequently on Elder Law and Social Security programs, and has trained and written widely on benefit programs.

Directions to The Westin Hotel Waltham-Boston

Dinner and Board Meeting
Time: Pre-Dinner 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: Last Minute Medicaid Strategies - As the DRA Dust Settles, What's a Lawyer To Do?
Speakers: Leslie Sleeper Madge, Esq., Acton, MA; Matthew Marcus, Esq., Milton, MA; Eric R. Oalican, Esq., Boston, MA

Pre-Dinner Program Summary: The pre-dinner program will focus on the preparation, completion, and filing of Medicaid applications. The discussion will not be related to planning strategies, but rather, the most efficient and effective way to get an application filed and then the follow-up with DMA regarding follow-up verifications.

Program Summary: In the current environment of ever tightening Medicaid eligibility rules after the Deficit Reduction Act of 2005, it can sometimes seem as though there are few options left for those who fail to plan 5 years in advance. Many creative strategies—reverse half-a-loaf, promissory notes, caregiver agreements—have been tried but few are succeeding in Massachusetts.

In this practical, nuts-and-bolts presentation, the panelists will review strategies that must be explored with our elder clients who have not undertaken advance planning.

Last minute strategies to be discussed include:

• update of new strategies-reverse half-a-loaf, promissory notes, caregiver, etc.
• testamentary trusts
• annuities
• spend down options
• increased CSRA
• spousal refusal
• divorce
• pooled trusts (brief discussion of a topic reserved for our June meeting)
• transfer exceptions such as payback special needs trust

In addition, the program will review options for dealing with one of the most frequent concerns—real estate,

• renting out the property
• spending down on repairs
• purchasing a life estate
• sibling with an equity interest
• caretaker child transfer

This program is a must see for elder law attorneys who counsel elders in crisis.

Speakers:
Leslie Sleeper Madge is the principal in the firm Leslie S. Madge, P.C. in Acton, Massachusetts. Previously, she was a managing partner in the family law firm of Sleeper & Sleeper Attorneys. Ms. Madge is past president of the Massachusetts Chapter of the National Academy of Elder Law Attorneys and is currently serving on its Board of Directors. Ms. Madge is certified as a CELA, Certified Elder Law Attorney, a designation earned from the ABA-accredited National Elder Law Foundation. She is a member of the Massachusetts Bar Association, the National Academy of Elder Law Attorneys, the Real Estate Bar Association, the Merrimack Valley Conveyancers Association, and the Ayer Bar Association. She authors a newspaper column, Legally Speaking, addressing topics of interest to the senior citizen community. She also speaks regularly before senior citizen groups and professional organizations and is a frequent lecturer for Suffolk Law School and MCLE.

Matthew J. Marcus is a partner with Colucci, Colucci, Marcus & Flavin, P.C. in Milton, Massachusetts and concentrates in estate planning, elder law, mental health law, and disability law. Mr. Marcus was a member of the Board of Directors of the Massachusetts Chapter of the National Academy of Elder Law Attorneys for 8 years (1999-2006), serves on the advisory Board for Massachusetts General Prime Care, the geriatric care management component of Massachusetts General Hospital, Somerville/Cambridge Elder Services' Money Management Advisory Council, and is a member of the planned giving committee for South Shore Hospital. Mr. Marcus is also the coordinator of a self-advocacy group for adults with mental retardation for the ARC of Greater Boston (GBARC) and is a past member of the Board of Directors of United Cerebral Palsy Association of Metro Boston. Mr. Marcus was the co-chair of the 1999 New England Elder Law Symposium and has served on the faculty for MCLE programs, Suffolk University Law School's Elder Law Institute, and the New England Elder Law Symposium. He has written articles on estate planning, guardianships, and planning for families with disabled children for ALI/ABA's Practical Lawyer, MCLE, Massachusetts Lawyers Weekly, Massachusetts Family Law Journal, Life and Health Advisor Magazine, and ABA newsletters. He was selected as a Super Lawyer for 2006 and 2007, a list chosen by Massachusetts attorneys of the top 5% of Massachusetts attorneys, published annually in Boston magazine. Mr. Marcus is a graduate of Boston University, Suffolk University Law School, and holds a L.L.M. in taxation from Boston University School of Law.

Eric R. Oalican is a partner in the Boston elder law firm of Cohen & Oalican, LLP, where he specializes in representing elderly and disabled clients and their families. He received his law degree from the Washington College of Law of The American University and his B.A. from the University of Massachusetts at Amherst. Mr. Oalican concentrates his practice in the areas of estate, disability and long-term-care planning. Mr. Oalican is a member of the Board of Directors of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. He is also a frequent lecturer on elder law issues for Massachusetts Continuing Legal Education (‘MCLE'), the Massachusetts Bar Association, Health Education Network, and the Boston Tax Institute. Mr. Oalican authored the Older Clients and Long-Term Care Chapter for Drafting Estate Plans (MCLE, Inc., rev. ed. 2004). He is the chairman of the MCLE seminars Elder Law Litigation and Advocacy, Advising Elders in Crisis, and Elder Law Basics for Paralegals. Mr. Oalican serves as a Director on the Board of the Massachusetts Chapter of the National Academy of Elder Law Attorneys and is a member of the Massachusetts and Rhode Island Bar Associations.

Directions to The Westin Hotel Waltham-Boston

Elder Law Institute XIV - The Trials and Tribulations of Trusteeship - Serving as Trustee or Advising Clients Who Serve

Friday, March 14, 2008, 9:00 AM - 5:00 PM

Suffolk University Law School and the Massachusetts Chapter of NAELA

After many years of disfavor, the practice of lawyers serving as Trustees for middle class families seems to be making a return in a big way. Whether it is the complexity of the current laws or the increasingly complex needs of today's families, clients are finding real value in naming their attorney as Trustee which creates the opportunity for attorneys to expand their practices into this most rewarding area of representation. In addition, estate planning attorneys are frequently called upon to advise clients who are serving as Trustees for family members.

This program qualifies for 6 hours of credit for Category D guardians ad litem and trustees.

View the program brochure (PDF)
For more information

Multi-site Breakfast Meeting
Topic: Representing the Incapacitated or Possibly Incapacitated Client
Time: 8:30 - 10:30 a.m.
Location:
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
Country Club of Halifax, 100 Country Club Dr., Halifax, MA 781-293-9061
The Hotel Northampton, 36 King St., Northampton, MA 413-584-3100
Speakers:
Peabody: Site Coordinator/Panel Moderator: Karol A. Bisbee, Esquire, Stoneham, Massachusetts; Speakers: John J. Ford, Esquire, Neighborhood Legal Services, Lynn, Massachusetts; Natalie A. Simon, Esquire, Gloucester, Massachusetts; Robert A. Stern, Ph.D., Associate Professor of Neurology and Co-Director, Alzheimer's Disease Clinical and Research Program, Boston University School of Medicine
Marlboro: Site Coordinator/Panel Moderator: Denise N. Yurkofsky, Esquire, Wayland, Massachusetts; Speakers: Harriet H. Onello, Esquire, Lexington, Massachusetts; Gary Zalkin, Esquire, LICSW, Boston, Massachusetts; Matthew Shuster, M.D., Chief of Internal Medicine, Harvard Vanguard Medical Associates, West Roxbury Center
Halifax: Site Coordinator/Panel Moderator: Ian S. Oppenheim, Esquire, CELA, Oppenheim & Cole, LLP, Halifax, Massachusetts; Speakers: William J. Brisk, Esquire, CELA, Newton, Massachusetts; Holly K. Harris, Esq., Law Office of Holly K. Harris, Norwell, Massachusetts; William B. Land, M.D., Forensic Psychiatrist, Newton, Massachusetts
Northampton: Site Coordinator/Panel Moderator: John L. Roberts, Esquire, CELA, Longmeadow, Massachusetts; Speakers: Michael D. Hooker, Esquire, Northampton, Massachusetts; Mark I. Zarrow, Esquire; Lian, Zarrow, Eynon & Shea, Worcester, Massachusetts; Cheryl A. Rumley, R.N., Apex Healthcare Services Inc., Springfield, Massachusetts

Program Summary: Every elder law attorney is called on to represent clients with varying degrees of capacity. Each client presents a unique set of circumstances, legal challenges and ethical dilemmas which must be addressed as we attempt to do our best for these clients within the bounds of the law and the ethical rules of our profession. This year's multi-site breakfast program will focus on the practical and ethical issues practitioners face in representing clients with questionable capacity.

• How do you handle representation of a client who is lucid some but not all of the time?
• What factors should be considered in determining whether such a client is able to sign a will, a power of attorney, a deed, and what is the extent of the legal capacity needed for each of these documents?
• What is the difference between incompetence and lack of legal capacity?
• How much consideration should be given to the client's family situation, whether supportive or controversial?
• How can you best deal with family demands and expectations?
• When is there a need for protective services to get involved? What types of events or situations are physicians mandated to report?
• If a guardianship proceeding is pending or threatened, how do you best represent a former client who is now a potential ward?
• Can you represent a person who is seeking guardianship of a client, at the petition stage and/or after their appointment?

Each site's panel will include one or two attorneys who will discuss the practical aspects of representing elders with clear or possible capacity issues, and will also review and discuss applicable ethical rules and considerations, as well as recent Board of Bar Overseers disciplinary decisions related to representation of elderly and incapacitated clients. Each panel will also include a medical doctor, nurse practitioner or geriatric care manager who will speak to the clinical side of these issues, and will discuss what a lawyer should look for when evaluating a client's capacity, and the best ways to handle clients with these issues in a sensitive and professional manner.

Directions to the Hotels

Fundamentals of Elder Law Practice

Thursdays, February 7 through March 6, 2008, 4:00-8:00 p.m.

Suffolk University Law School and the Massachusetts Chapter of NAELA

Fundamentals of Elder Law Practice is an in-depth, interactive, five-part series, which is taught by Massachusetts' leading elder law attorneys. As an elder law practitioner, you need to have a firm understanding of Medicare, Medicaid, DRA (Deficit Reduction Act of 2005), Asset Protection, Estate Tax Rules, Income Only Trusts vs. Testamentary Trusts, Durable Power of Attorney, Health Care Proxy, HIPAA, Social Security and Supplemental Security Income (SSI), guardianships and conservatorships. You need to know how to prepare clients for health care decision making and advice about complicated tax issues.

View the program brochure (PDF)
For more information

Dinner and Board Meeting
Time: Pre-Dinner Program 5:00 p.m.; Program 6:00 p.m.
Location: Sheraton Framingham Hotel, 1657 Worcester Road, Framingham, Massachusetts 01701, Phone: (508) 879-7200
Topic: Marital Status and its Affect on Planning and Benefits
What You Need to Know Before Your Clients Say "I Do" (Or, "I Don't Anymore")
Speakers: Hyman Darling, Esq., Springfield, MA; Peter Macy, Esq., Boston, MA; Harreit Holzman Onello, Esq., Lexington, MA

Pre-Dinner Program Summary: The pre-dinner program for November will be Practice Management. This month's pre-dinner program will be a follow-up and continuation of the November meeting. Discussion will include practice management and office related issues. Please bring your ideas, strategies and policies with you to the meeting to participate with your fellow NAELANS.

Program Summary: Marital status is a key component when advising clients about eligibility for pension and governmental benefits, estate planning matters, and tax issues. And while in some instances marriage can create eligibility for benefits, the legal state of being a spouse can bring with it liability for a spouse's debts, including nursing home care costs. Elder law practitioners must be able to competently advise their clients contemplating marriage or divorce about these important consequences.

The presenters will discuss how a client's marital status impacts eligibility for Social Security retirement and Medicaid benefits and explore planning opportunities a change in marital status might offer. They will also examine how prenuptial agreements may, or may not, offer advantages to married couples in the benefits context (i.e. spousal refusal for Medicaid ) and against the other spouse's creditors.

This panel will examine the implication of a change in marital status from an estate planning and tax planning perspective. Whether the change is a result of remarriage, the consequences of divorce, or the death of one spouse, the estate plan that previously met your client's needs will need to be reviewed and updated. The panel will also weigh in on planning for clients who are not married but living together and clients who, although legally married, are living separate lives.

This program is a must for elder law attorneys who advise clients about estate planning matters, tax planning, and Medicaid eligibility.

Speakers:
Attorney Hyman G. Darling, Esquire, is a partner in the Springfield firm of Bacon & Wilson, P.C., where he concentrates in estate planning, elder law, probate, adoptions and guardianships/conservatorships. He is a graduate of Boston University and Western New England College School of Law. Prior to joining Bacon & Wilson, he was a Trust Officer for several years. He has lectured and coauthored many MCLE programs and also speaks frequently for civic and charitable organizations. He is an adjunct faculty member at Western New England College-School of Law, LLM program and Bay Path College. He is also a member of and lecturer for both the National and Massachusetts Chapters of the National Academy of Elder Law Attorneys.

Attorney Peter M. Macy, Esquire, is a member of Weston Patrick, a professional association located in Boston, Massachusetts. His practice focuses on Medicaid law, trusts, estate planning and guardianship matters. He also is a founder and director of Family Trust of Massachusetts, Inc., a non-profit organization based in Boston that has established a Medicaid-exempt pooled trust for elderly and disabled persons. Mr. Macy has written about Medicaid for the Massachusetts Law Review, and speaks regularly in the Boston area about Medicaid and guardianship topics. He earned his J.D. from Boston College Law School and holds graduate degrees in education and theology from Harvard University. He is a member of the Boston Bar Association and the National Academy of Elder Law Attorneys.

Attorney Harriet Holzman Onello, Esquire, is a founding member and past president of the Massachusetts Chapter of NAELA. She has a solo practice in Lexington, focusing on elder, probate and family law. Harriet received her undergraduate degree from Douglass College, M. Ed. from Harvard Graduate School of Education, and J.D. from Suffolk University Law School.

Directions to The Sheraton Framingham Hotel

Dinner and Board Meeting
Time: Pre-Dinner 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: Current Trends in Long Term Care Planning
Speakers: William Brisk, Esq., Newton Centre, MA; Susan Levin, Esq., Newton, MA; Craig C. Reeves, Esq., Kansas City, MO

Pre-Dinner Program Summary: The pre-dinner program for November will be Practice Management. Various issues that are common to all practitioners will be discussed, including staffing, computer technology, document assembly, and office techniques to become more efficient. While no answers are 'right' for all, it is usually beneficial to hear what other attorneys do within their offices. There will likely be significant interaction and participation at this program.

Program Summary: A year and half after enactment of the Deficit Reduction Act of 2005, states, including Massachusetts, have responded to the new law in a variety of ways, sometimes with unintended consequences. Meanwhile, lobbying efforts in both Massachusetts and at the federal level are being undertaken to address the hardships that the implementation of the law has caused.

Attorney Craig C. Reaves, the incoming President of the National Academy of Elder Law Attorneys, will offer a national perspective on the current state of long-term care planning, while Attorneys William Brisk and Susan Levin will educate attendees about the latest developments in Massachusetts, as well the prospects for any legislative action to alleviate the harshness of the current law.

Speakers:
Attorney William J. Brisk, Esquire, a Certified Elder Law Attorney and a Fellow of NAELA, 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 earned a Ph.D. in international and Latin American politics from Johns Hopkins University. Bill's elder law practice in Newton concentrates on long-term care and estate planning, guardianship, probate, and litigation on behalf of elders. Bill is co-author of MASSACHUSETTS ELDER LAW, the third edition to be published by Lexis-Nexis early in 2008, and has written articles, case comments, and book reviews on virtually every aspect of elder law. He lectures annually on Medicaid. Bill is executive articles editor of the NAELA Journal and served as President of the Massachusetts Chapter of NAELA as well as on the Massachusetts Bar Association's Board of Delegates.

Attorney Susan H. Levin, Esquire, is a partner at Rosenberg, Freedman & Goldstein in Newton, MA, practicing exclusively in the areas of Medicaid and elder law. She is the author of the chapter, "Medicaid and Resource Planning," in Estate Planning for the Aging and Incapacitated Client in Massachusetts, (MCLE, 1998 - 2007). She also co-authored "Medicaid: Strategies for Resource Planning" for the Elder Law Portfolio Series, Portfolio 14, Aspen Law & Business, (December 2000).

Attorney Levin was selected in September 2007 for inclusion in The Best Lawyers in America® in the specialty of Elder Law. She is a member of the Board of Directors and Chair of the Public Policy Committee of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (NAELA) and serves on the National NAELA Public Policy Committee. In 1999 and 2002, The Massachusetts Chapter of the National Academy of Elder Law Attorneys chose her as Outstanding Chapter member. She received her law degree from Boston University.

Attorney Craig C. Reaves, Esquire, is the incoming president of the National Academy of Elder Law Attorneys (NAELA). Mr. Reaves is a Certified Elder Law Attorney (CELA) whose practice areas include Estate Planning, Elder Law, Medicaid Planning, Special Needs Trusts, and Guardianships. He is an Adjunct Professor of Elder Law at the University of Missouri at Kansas City Law School and at the University of Kansas School of Law. Mr. Reaves is a Fellow of the National Academy of Elder Law Attorneys. He is a member of the Kansas and the Missouri Bars, the American Academy of Estate Planning Attorneys, WealthCounsel and the Special Needs Alliance. He is also Past President and founding Board Member of the Missouri Chapter of NAELA and a member of the Kansas Chapter. Mr. Reaves' practice is located in Kansas City, Missouri.

Directions to The Westin Hotel Waltham-Boston

Dinner and Board Meeting
Time: Pre-Dinner 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: REVERSE MORTGAGES: What You Need to Know, Alternatives, and Planning Considerations
Speakers: Leo J. Cushing, Esq., Boston, MA; Joseph DeMarkey, Holliston, MA; Laura L. Schaeffer, MBA, Plymouth, MA

Pre-Dinner Program Summary: In the current environment of many denials from the DMA, significantly more hearings are being requested and held, both in person and telephonically. As the hearings are not always conducted similarly from hearing officer to hearing officer nor consistently within the separate enrollment centers, the pre-dinner program will focus on how to prepare for and present a case at the fair hearing.

Program Summary: Elders are increasingly turning to reverse mortgages to access the equity in their principal residence, often their largest asset. In fact, the number of popular HUD Home Equity Conversion Mortgages (HECM) has increased ten-fold in the last ten years. Even so, this number represents less than 1% of the total potential $4.3 trillion in home equity owned by seniors 62 and older. The growth of reverse mortgages is continuing at a breakneck pace with an explosion of new products, lenders and brokers. In order to competently advise clients, elder law attorneys need to understand the different types of reverse mortgages and be able to advise clients about viable alternatives.

Attendees will learn:

• What is a reverse mortgage and how does it work?
• Are all reverse mortgages the same?
• What are the different types of costs incurred with a reverse mortgage?
• What can the proceeds be used for?
• When is a reverse mortgage appropriate?
• Are there good alternatives to a reverse mortgage?
• Will the reverse mortgage lender take the house? Share in appreciation after the loan?
• Can a reverse mortgage be used to plan to address the changes under DRA? Will it avoid a Medicaid lien or estate recovery?
• What should an attorney consider in elder planning today to insure that the option to obtain a reverse mortgage in the future is kept open? Does a life estate qualify? An interest in trust—revocable or irrevocable?
• What should an attorney do to represent a client who takes out a reverse mortgage?
• Can an attorney represent an elder client/borrower and also close the reverse mortgage for the lender?

Attorney Leo J. Cushing will moderate a panel with two of the leading reverse mortgage professionals in Massachusetts—Joe DeMarkey of BNY Mortgage—An Everbank Company and Laura L. Schaefer, Executive Director and Reverse Mortgage Counselor with the Plymouth Redevelopment Authority. Together, the panel will give us an historical perspective of reverse mortgages, including products, alternatives and planning considerations that are being developed and introduced currently at a rapid rate.

If you think you already know all you need to know about reverse mortgages to represent your clients fully, think again.

Speakers:
Attorney Leo J. Cushing, Esq. Leo J. Cushing is the founding partner of Cushing & Dolan, PC, in Boston. Established in 1984, the firm currently employs twenty-two attorneys and concentrates in all aspects of planning and administration of trusts and estates for family businesses and wealthy individuals, including wills, trusts, asset protection, life insurance, charitable giving, probate, family limited partnerships, limited liability companies, domestic asset protection trusts, and retirement distribution planning. Mr. Cushing is also a certified public accountant and has a master's degree in Taxation. He is a past director of the Boston Estate Planning Council. He previously served as an Assistant Attorney General for the Commonwealth of Massachusetts and prosecuted criminal tax cases for two years before joining the tax department of the international accounting firm of Ernst & Whitney (Ernst & Young). Mr. Cushing is a graduate of Boston Latin School, University of Notre Dame (B.B.A. Accounting), New England School of Law (J.D. cum laude), and Boston University School of Law (L.L.M. Taxation).

Joseph P. Demarkey. Joe is the Director of Corporate Development with BNY Mortgage Company specializing in Reverse Mortgage Lending, with over 21 years of banking experience. His educational background includes a Bachelor of Science from Villanova University and a Masters in Business Administration from the University of Connecticut. He currently serves as the Co- Chairman of the National Reverse Mortgage Lenders Association, and also serves on the Board of Directors for the Central Massachusetts Agency on Aging. Joe was born and raised in Fairfield County, CT, and currently resides in Holliston, Massachusetts with his wife and two children.

Laura L. Schaefer. Laura holds a BA from Middlebury College and an MBA from Boston University. Prior to joining the Plymouth Redevelopment Authority in 1997, she was a Division Head and Senior Vice President of the Commercial/Construction Division of a Boston based bank. In 1999, she effected the approval of the Plymouth Redevelopment Authority as a HUD Approved Counseling Agency and has applied for and received HUD grant funding to provide reverse mortgage counseling. Laura and her team of counselors provide comprehensive reverse mortgage counseling to approximately 200 Massachusetts seniors each year.

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Suffolk University Law School and MA NAELA

Practical Tips for Implementing DRA
10th Annual Northeast Elder Law Symposium

Time: 9:00 a.m. – 4:30 p.m.
Location: Southbridge Hotel & Conference Center, Southbridge, MA

Attend this dynamic and practical Symposium to learn what legal techniques your fellow practitioners in the Northeast have been successfully using in their respective states to cope with the draconian effects of the DRA of 2005: strategies that you may be able to implement in your practice to help your clients. You will learn that there are significant differences in how some states treat certain assets. That knowledge, combined with geographical considerations, may lead clients to consider residing in another state. Come learn whether there is a significant difference in the eligibility requirement of neighboring states that may benefit your clients.

Suffolk University Law School and MA NAELA

Maximizing and Transitioning Your Elder Law Practice

Time: 6:00 p.m. – 9:00 p.m.
Location: Southbridge Hotel & Conference Center, Southbridge, MA

Join us for an exclusive dinner meeting hosted by three of the best law firm entrepreneurs in the nation: Harry S. Margolis, Bernard A. Krooks and Vincent J. Russo.

This Thursday evening limited, private session [no more than 30 attendees] will be an interactive and free wheeling discussion about "maximizing" and "transitioning" your elder law practice. Attendance is strictly limited to those who have been members of the state bar for at least 15 years.

This session should not be confused with the following day's presentations. This dinner meeting is not CLE. Rather it will be a frank and honest discussion among experienced lawyers who have an ownership stake in their law practices and who have interests in branding, merging, buying or selling their practices. Enjoy an evening of congeniality while sharpening your business acumen.

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: The Veterans' Benefits Program
Speakers: Katrina Eagle, Esq., San Diego, CA; Patricia A. Servaes, Framingham, MA; Paula Almgren, Esq., Lenox, MA; Mary Ann Lyman, Veterans Administration, Leeds, MA

Pre-Dinner Un-Program Summary: This program is unstructured and designed to provide an interactive forum for discussion. The pre-dinner program will start at 5:00 p.m and run for approximately an hour before dinner.

The primary discussion will focus on Veterans Benefits, and the dinner meeting speakers have graciously agreed to participate in the discussion of all VA programs, benefits and procedures.

Bring your questions and be part of the program with your participation to provide dialogue which will benefit all who attend.

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.

Program Summary: Elderly veterans and their families are often unaware of Veterans Administration programs that can fill gaps in long term care coverage. VA programs can help a family pay for long term care at home, in assisted living, or in a nursing home. These VA benefits paid are not subject to estate recovery!

As elder law attorneys, we must be aware of the availability of these programs to best serve our clients. This program will provide an overview of the VA programs which are most useful to our clients, and explain what you will need to learn, if you are going to help a client obtain:

• Disability compensation that provides income to veterans who have service-connected disabilities
• Dependency and Indemnity Compensation for survivors of deceased veterans
• Pension benefits for veterans who served 90 days during a period of war
• Aid and Attendance benefits for veterans and spouses
• VA Nursing Home eligibility
• Massachusetts Soldiers Homes eligibility

The presenters will also explain the rules governing the services for which an attorney may charge a client, and those for which no attorney fees may be billed. Finally, the speakers will describe the steps to appeal denied claims, including the layers of administrative review within the VA and the US Court of Appeals for Veterans Claims in Washington, DC.

Speakers:
Attorney Katrina Eagles, Esq. An attorney from San Diego, California, who has practiced in this niche for 10 years, Katrina has trained other practitioners to help disabled veterans who need VA benefits and compensation. Katrina is a member of the board of directors of NOVA, the National Organization of Veterans Advocates, and she has handled veterans' claims at all administrative levels of the VA, at the US Court of Appeals for Veterans Claims in Washington, DC, as well as in various federal district courts as plaintiff's attorney. Katrina currently practices veterans law in San Diego, CA.

Patricia A. Servaes. Patty holds a Masters of Science in Accounting and MBA from Northeastern University. She began her career at Price Waterhouse in Boston in 1987, and went on to become lead accountant for the Boston Globe in it's merger with the New York Times. During her ten years with the Globe, she served as a Globe executive on loan to the NY Times for two years after the merger. She finished her corporate career as Finance VP at Stratus Technologies and in 2005 started her own business: a franchise of Homewatch CareGivers in Framingham. Now, in addition to providing homecare to her clients, Patty enjoys using her accounting skills to qualify veterans for the VA Aid and Attendance benefits that cover home care and assisted living.

Attorney Paula Almgren, Esq. A NAELA member who practices in Berkshire County, Paula is the Moderator of the program. Paula will cover the basic admissions and eligibility requirements for VA Nursing Homes in Massachusetts, and the Massachusetts Soldiers Homes.

Mary Ann Lyman. Mary Ann, who is the Supervisor of Enrollment & Eligibility for the VA Medical Center, will explain the admissions criteria for VA nursing homes.

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