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Member Of

Description
California - Southern Chapter
Foundation Board of Trustees
Litigation Committee
Medicare, Medicaid and Health Care Advocacy Section Dues
Past President Advisory Panel
Special Needs Law Section Dues
Trust and Special Needs Trusts Section Dues
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Contact
Stuart D. Zimring, CAP, Fellow
16133 Ventura Blvd Suite 1075 Encino, CA 91436-2414
(818) 755-4848
(818) 755-4853

Articles/Seminars

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TitleDescription
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The Inclusion of Special Needs as a Core Element of NAELA's Aspirational Standards, Second EditionUnderstanding and responding to client capacity is crucial to offering a client thoughtful, responsive, and competent representation.
To Speak or Not to Speak: Effect of Third Party Presence on Attorney Client PrivilegeThe basics of the attorney-client privilege, the presence of the third person during attorney-client communication and how to protect the client's privilege.
Fiduciary Representation (AELR 2018)This session includes seeking the appointment of, giving advice to, representing, or serving as executor, personal representative, attorney-in-fact, trustee, guardian, conservator, representative payee, or other formal or informal fiduciary. This session includes a discussion of the ethics of fiduciary representation.
Ethical Issues of Elder Law (AELR 2018)Ethical issues can appear suddenly like a Chicago snow storm. This session will address how to navigate the ethical "snow storms" of an elder law practice with the help of NAELA's Aspirational Standards, a cornerstone of NAELA membership.
2018 NAELA Foundation UpdateThe Foundation Trustees adopted a refined mission in 2017: to promote the goals of NAELA and advocate for the rights of older Americans and people with special needs. This is accomplished through litigation and regulatory advocacy, research, amicus briefs, and education and scholarships.
Fair Hearing Decisions Confirm That There Is No Medicaid “Hardship”Of 44 claims presented to Fair Hearings from 2004 through October 2009, none were wholly successful. Given the narrow interpretations offered at Fair Hearings, advocates may need to engage in public advocacy.
Aspirational Standards Answers Practical Ethical QuestionsLearn to navigate the many difficult ethical issues that often arise when representing elderly individuals and individuals with disabilities including how to; Holistically meet the needs of clients; Identify the client and the individuals who will assist the client at the earliest stage of representation; Avoid conflicts of interest with family members, fiduciaries, and joint or concurrent clients; Preserve client confidentiality in situations involving frequent contacts with family members, caregivers, or other third-party individuals who are not clients; And appropriately protect clients who have diminished capacity who are at risk of substantial harm or who cannot adequately act in their own interest.
The POA Is Only As Good as the AgentLearn to recognize when the agent(s) may not be appropriate given the powers being granted. Identify early in the representation eithical issus that may arise when the principal and the named agent(s) are both clients of the attorney or firm. Develop communication tools and techniques to reduce the likelihood of issues.
NAELA Foundation: 2017 NAELA Foundation UpdateThe NAELA Foundation’s mission is to promote the goals of NAELA and advocate for the rights of older Americans and people with special needs.
Planning Options with Retirement BenefitsYou must be a member of the Trusts Section to view this content. For information on joining a section please email us at membership@naela.org
IRAs and SNTs - Private Letter Rulings Clarify How Retirement Accounts Can Be Placed in TrustsPrivate Letter Rulings 200620025 and 200826008 provide guidance as to how special needs trusts can be treated as owners or beneficiaries of individual retirement accounts.
NAELA Public Policy: 2011 National Legislative Efforts and Looking Ahead to 2012As we gear up for what is to come [in 2012], we want to give you a summary of our federal activities from 2011 and provide a sense of what we are likely to be working on in the coming year.
Fifty Shades of Gray Hair: Romance in the Nursing Home 2017The Baby Boomers started the sexual revolution and a little gray hair is not going to stop them. This presentation will consider the need for evolving nursing home regulation and the important intimacy issues attorneys should discuss with this revolutionary generation.
Advanced Medicare Issues- A Case StudyUsing a case example, the session will explore the assistance that can be provided to a Medicare beneficiary who is denied coverage or access to health care services. The panel presentation will focus on advanced advocacy tips for handling common and “hot topic” Medicare problems. Issues to be covered include the new hospital discharge notice, denials of Medicare coverage for failure to improve in a skilled nursing facility, and coverage issues involving Medicare Advantage and drug plans.
Psychiatric Treatment of the Incapacitated: A Balancing of InterestsThis session focuses on overcoming the complexities of obtaining court orders for treatment of persons incapacitated with Alzheimer's or other forms of dementia
Uniform Trust Code and SNTs: Should UTC Be Feared, Embraced or Ignored?The goal of this paper is to point out the areas in which the UTC impacts SNT planning, and which, if any, of the UTC changes should be cause for concern.
Effective Mediation in Elder LawTips and strategies for effective use of mediation in an elder law practice
Case Note: A Second Look at Marmet Health Care Center v. Brown (Journal)Ron M. Landsman, Esq., CAP, responds to a case note in the Fall 2012 issue about Marmet Health Care Center v. Brown, where the U.S. Supreme Court held that the Federal Arbitration Act preempted a West Virginia public policy prohibiting enforcement of predispute agreements to arbitrate personal injury or wrongful death claims against nursing homes. Although the opinion limits the ability to sue nursing homes for malfeasance resulting in injury and death, Landsman observes that it also reaffirms that state law controls whether a contract imposing binding arbitration is enforceable. After reviewing state law theories that attorneys can utilize to avoid an arbitration clause, Landsman discusses how attorneys can protect their clients from arbitration agreements when drafting powers of attorney and negotiating nursing home contracts.
Case Note: Lewis v. Alexander Vindicates Promacy of Federal Law of SNTsThis case note discusses Lewis v. Alexander, where the Third Circuit affirmed the district court in striking a Pennsylvania statute that restricted the use of (d)(4)(C) special needs pooled trusts. The court held that Pennsylvania could not require that a pooled trust retain only 50 percent of a deceased beneficiary’s account before payback to the state of its expenditures made on behalf of the beneficiary. The court also held that Pennsylvania could not preclude persons age 65 and older from establishing a special needs pooled trust account. NAELA filed an amicus brief in Lewis v. Alexander, authored by Landsman and Shirley Whitenack, Esq., CAP, in support of these outcomes.
NAELA Guardianship/Conservatorship Section: New Guardianship Guidelines Incorporated IntoGuidelines for improving the guardianship system and providing more protections for at-risk adults.
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Martha C. Brown, CELA, Fellow, CAP

Featured Member

Martha C. Brown, CELA, Fellow, CAP

The elder law attorneys and staff at Martha C. Brown & Associates, LLC strive to provide legal services in St. Louis and the surrounding areas in a professional and caring manner. We understand the importance of client service and work as a team to ensure that each client's needs are met. We take pride in the prompt and successful completion of quality legal work. We hope to always exceed our client's expectations. Our goal is to develop an ongoi...
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