NAELA Journal Volume 1 Issue 2

Foreword
Leading the Way

By Lawrence E. Davidow, CELA
A few short years ago, NAELA broadened its elder-focused mission statement to "enhance the lives of people with special needs and people as they age." Recognizing that our legal practices not only affect our senior clients but also a younger disabled population, we embraced this reality.

The Medicare Drug Benefit: A Prescription for Confusion
By Richard L. Kaplan, Esq.
Near the end of 2003, Congress enacted the Medicare Prescription Drug, Improvement, and Modernization Act (hereinafter referred to as "the Act"), which represented the largest expansion of Medicare's scope since that program was created in 1965.

A Compact to Solve New York's Long-Term Care Crisis
By Vincent J. Russo, CELA, and Howard S. Krooks, CELA
Anyone who has ever encountered the issue of financing Long-Term Care thoroughly comprehends the adversarial nature and needlessly complicated process of applying for Medicaid.

Elder Clients with Diminished Capacity: NAELA's Response to Specific Case Applications and Its Development of Aspirational Standards That May Cross Professional Organizational Boundaries
By A. Frank Johns, CELA, and Bernard A. Krooks, CELA
NAELA members, elder law attorneys and trust and estate counsel have for some time dealt with the aging of our society; a highly visible demographic forecast of the early '80s.

Who Guards the Guardians? Restrictions on Compensating Attorneys Who Serve as Guardians
By William J. Brisk, CELA, and Alexis B. Levitt, Esq.
On September 30, 2004, in the matter of In re Guardianship of Helen Johnson, Massachusetts Judge Rainaud adopted an exhaustive 78-page Master's Report which approved billing practices of Michael Hooker, an attorney who served as guardian for an incapacitated adult.

The Impact of the Uniform Trust Code on Special Needs Trusts
By Richard E. Davis, CELA, and Stanley C. Kent, Esq.
During the last year, some practitioners have raised concerns that the Uniform Trust Code ("UTC") will negatively affect Special Needs Trusts ("SNTs"). This paper provides an in-depth analysis of the issues that are involved in this debate.

Lawyering for Older Clients: A New Paradigm
By Andrew H. Hook, CELA, and Thomas D. Begley, Jr., CELA
As the law changes, so does the practice of law. Some of the services that Elder Law attorneys have traditionally provided are declining in demand.

Basic Strategies for SSI Planning
By John J. Campbell, CELA
The primary goal of disability planning is to preserve eligibility for all available and appropriate governmental benefit programs, including Supplemental Security Income (SSI) and Medicaid.

Case Note
Morenz v. Wilson-Coker
This case holds that federal law requires state Medicaid programs to honor "spousal refusal."

Fall 2005

 

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