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Member Of

Description
California - Southern Chapter
International Committee
Past President Advisory Panel
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Contact
Ruth A. Phelps, CELA, Fellow, CAP
301 N. Lake Ave, Ste 1002 Pasadena, CA 91101-4148
(626) 795-8844
(626) 795-9586

Articles/Seminars

TitleDescription
Estate Plan Portability in a Mobile SocietyLearn how to identify important issues regarding state law differences from both a tax and public benefits perspective and how differences in state law regarding health care decision making can affect client wishes if they move. Understand the appropriate timing and benefit to involve local co-counsel.
Knowing Your Ethics Limits On TaxesWhat can a tax lawyer do and not do for a client? How do you recognize when a client wants to commit tax fraud and what steps can you take to avoid being involved?
Full Life Care Planning: What It Is and How to Do ItYou must be a member of the Young/New Attorney Section to view this content. For information on joining a section please email us at membership@naela.org
IRA Elections and Requirements as You Approach Age 70 1/2After reaching your Required Beginning Date (RBD) several important decisions should be made.
Beyond Bedsores: Investigating Suspicious Deaths, Self-Inflicted Injuries, and Science inThis paper addresses the problem of detecting elder abuse and neglect in cases of suspected natural death and self-inflicted injury under the lay coroner system. The coroner system is distinctly contrasted from the medical examiner system by the lack of scientific methodology that coroners employ in their work (as discussed, infra, at Section II A). Coroners are almost never trained medical professionals, while most medical examiners are doctors, pathologists, or forensic pathologists. The Congressionally mandated report on forensic methodology compiled in 2009 by the National Academy of Sciences (NAS) will be used as a guide in structuring medicolegal investigations to ensure that incidents of elder abuse and neglect do not go undetected.
Book Review: Someday All This Will Be YoursThis book provides a unique insight into what is arguably the basis of modern Elder Law.
New Homes, New Lives, New Legal IssuesMany of America’s largest cities are now home to “new” ethnic elders who have migrated here in old age. These elders find themselves without social supports, and often navigate through a mix of Western and non- Western norms, codes, and advisors. This raises new issues and challenges for Elder Law attorneys and, indeed, for the practice of Elder Law.
Florida Medicaid Long-Term Care Shifts to For ProfitsIn February, CMS gave the green light for Medicaid managed care in Florida. These long-term care changes are the first steps of a proposal to shift Medicaid beneficiaries statewide into managed care. Does this support a goal of improving cost, quality, and access to health care; or will it squeeze care provided to low-income people? Learn about Medicaid managed care and how it might affect your state.
State Reviews of SNT's and SNT AccountingsOBRA 93 presented the SSA, HCFA/CMS and the state Medicaid agencies with the challenge of determining how to review SNT's and ultimately SNT accountings. At the federal level, guidance on general issues has been given through the SSA's POMS and the CMS State Medicaid Manual. At the state level, however, there is no uniformity in approach. Some states review SNT's through legal departments; some put the responsibility on Medicaid case workers; others make no review whatsoever. HMS has established a national project for state review of SNT's and SNT accountings, which has been implemented as a best practice model by client state Medicaid agencies and is garnering interest from other state agencies around the country. This presentation discusses the expanding project and the experience gained from SNT and SNT accounting reviews performed for state clients.
Mediation and GuardianshipThe panel discussion addresses such matters as what is guardianship mediation, when is it appropriate, regulation (or lack thereof) of guardianship mediators and what special ethical concerns can arise in guardianship mediation cases. Guardianship mediation programs in a number of jurisdictions including Alaska, New York and North Carolina are also described. The panel discussion is followed by a workshop-style directed discussion led by panel members and leaders from the Guardianship/Capacity
Running Pooled Trusts That Benefit the CommunityThis session addresses the charitable missions, policies and procedures, compliance monitoring, board roles, and mechanics of operating pooled trusts.
Medicare Secondary Payer ComplianceDiscussion of the duty of fiducaries to protect and safeguard elderly/disabled persons from abuse, neglect and mistreatment in healthcare settings.
Ten Points to Consider When Selecting a Skilled Nursing Facility(Page 20) Our clients come to us for assistance with their estate planning, asset preservation and other questions in anticipation of long-term care. What do we tell these family members who ask our advice on choosing where their loved one will receive long term care?
10 Tips in Administering a Special Needs TrustTurn these 10 tips into a helpful handout for your clients.
Guiding Your Client To Get the Best Tax Break in CaregivingThis session will enable you to alert caregivers to the income tax treatment of qualified long term care services and facility costs such as medical deductions, and personal exemptions for dependents.
CAPSules 10 Tips on Administering a Special Needs Trust (SNT)Special needs trusts are more complicated than other trusts. Here are a few tips to help you sort out the issues.
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Richard J. Shapiro, CELA

Featured Member

Richard J. Shapiro, CELA

Blustein, Shapiro, Rich & Barone, LLP is a preeminent law firm in New York's Hudson Valley. Along with litigation and transactional work, our estate planning, elder law, and special needs planning team features three knowledgeable and experienced attorneys along with a support team of three dedicated legal assistants.
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