NAELA Journal Volume 1 Issue 1

Foreword
Welcome to Volume 1 Number 1

By Stuart D. Zimring, Esq.
Welcome to the first issue of the new NAELA Journal, which replaces the NAELA Quarterly. The NAELA Quarterly has served the Elder Law community admirably as one of the primary sources of scholarly information on Elder Law topics for over 14 years.

National Perspective on Expanded Estate Recovery: Case Law Analysis, Emerging Legislative Trends and Responsive Strategies for the Elder Law Attorney
By Ian S. Oppenheim, CELA, and Alex L. Moschella, CELA
Expanded estate recovery was first authorized by the Omnibus Budget Reconcilitation Act of 1993 (hereinafter "OBRA '93").

Planning with Special Needs Youth Upon Reaching Majority: Education and Other Powers of Attorney
By Judith C. Saltzman, Esq., and Barbara S. Hughes, Esq.
A logical extension of special needs trust work on behalf of families with a disabled child or other relative is planning for disabled young adults.

Revised ABA Model Rules of Professional Conduct Applied in Elder Law: The Basics Framed in Core Values Get Complicated Fast - MRCP 1.0 - 1.6
By A. Frank Johns, CELA
Legal ethics have changed. Not that there wasn't forewarning; many of the changes were recommended more than a decade ago in a flurry of publications and one national conference.

Minimizing Income Taxes with "Qualified" Supplemental Needs Trusts
By Caryl Shortridge Peters, Esq., and Roy W. Froemming, Esq.
Supplemental needs trusts (SNTs) are typically used to give assets to a disabled individual for his or her supplemental care and needs while allowing that individual to qualify for public benefit programs for support or other services.

Relentless Pursuit: Claims Against Third Parties in Nursing Facility Collection Cases
By Edward E. Zetlin, Esq.
The federal Nursing Home Reform Act of 1987 prohibits nursing facilities from requiring third party guarantees as a condition of admissions.

The Greater Asset Protection Self Settled Special Needs Trust (Or GAPSNT)
By Robert F. Collins, Esq.
We consider the use of the ordinary self-settled special needs trust (SNT) in an extraordinary way: to further protect the SNT's assets from the claims of the beneficiary's general creditors.

National Advance Directives: One Attempt to Scale the Barriers
By Charles P. Sabatino, Esq.
Mrs. Clark is a 75-year-old widow. She lives part of the year in her condominium in Northern Virginia and spends a large portion of time each year living in turn with each of her three children and their families, located in Florida, Indiana, and Nevada. She wants to do a health care advance directive that she can be confident will be respected in all four jurisdictions.

Spring 2005

 

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