Calendar of Events · Carlton, Palm Beach, FL. For more information contact Jenifer Mowery at (520)...

IRS To Begin Levies onSocial Security Paymentsand Other Federal BenefitsBy Thomas J. Murphy, Esq.

So much for the kinder, gentlerIRS.

In a low-profile study, the GeneralAccounting Office (“GAO”) has sub-mitted a report to the House Ways andMeans Committee that details a newIRS program, set to begin in July 2000,that will aggressively expand the IRS’slevies on Social Security benefits, fed-eral retirement payments and other fed-eral funds.

As of February 1999, the GAO re-ports that there were 4.4 million indi-viduals and businesses who owed a col-lective $59 billion in federal taxes. Ofthese, there were 264,000 delinquenttaxpayers who owed a collective $2.8billion yet who received $2.1 billionfrom the federal government. The GAOestimates that, by targeting these tax-payers, the IRS could recoup up to $478

million per year.The monies paid to delinquent tax-

payers came in many forms, such asvendor payments on contracts with thefederal government and salaries of fed-eral employees. However, in recoupingthe annual $478 million, it is estimatedthat 65 percent of that sum will comefrom levies issued on Social Securitybenefits with another six percent com-ing from federal retirement plans. Thisis causing many bureaucrats outside theIRS to squirm.

The angry phone calls from eld-erly taxpayers will start to come in July2000, which is when the IRS will be-gin implementation of this program. Itwill initially involve levies on federalretirement plans and vendor payments.Not long after that, the program will

In this issue...President’s Message ................. 3

Members in the News ............... 7

Peripatetic Essayist ................ 15

Internet Corner ........................ 19

V O L U M E X I I ● I S S U E V ISEPTEMBER 2000

Calendar ofEventsS E P T E M B E R 1 5 - 1 7 , 2 0 0 0

National Association of Profes-sional Geriatric Care Managers’2000 Conference “Riding theWave Into a New Era,” The RitzCarlton, Palm Beach, FL. Formore information contact JeniferMowery at (520) 881-8008, ext.114 or [email protected].

O C T O B E R 4 - 7 , 2 0 0 0

National Aging and Law Confer-ence: Aging and Legal ServicesUnited for the New Millennium

This is a conference for legalservices and aging advocates. Itis sponsored by the AARPFoundation and focuses on elderlaw and aging issues; Crystal CityMarriott, Arlington, VA. For moreinformation contact Ada Albrightat (202) 434-2197 or by e-mailat: [email protected].

N A T I O N A L A C A D E M Y O F E L D E R L A W A T T O R N E Y S

NEWSNEWSNAELANAELA

(continued on page 2)


2 NAELA News ● September 2000

Chapter Presidents

ARIZONABrian C. Bjorndahl

Tucson, AZ(520) 321-970

CAROLINASPatricia L. Harrison

Columbia, SC(803) 256-2017

Michael J. McCannHendersonville, NC

(828) 693-0811

NORTHERN CALIFORNIAMark A. Hyjek, CELA

Fair Oaks, CA(916) 965-8941

SOUTHERN CALIFORNIAEdward W. Long

Torrance, CA(310) 533-1996

COLORADOR. L. Steenrod, Jr.

Denver, CO(303) 534-5100

FLORIDAScott Solkoff

Boynton Beach, FL(561) 733-4242

ILLINOISD. Jamieson Long, Jr.

Moline, IL(309) 764-2577

KANSASKaren Weber

Overland Park, KS(913) 661-0550

MASSACHUSETTSEmily Starr

Worcester, MA(508) 754-8882

MISSOURIWilliam HubbardKansas City, MO(816) 472-4673

NEW JERSEYEugene Rosner, CELA

Clark, NJ(732) 382-6070

TEXASPi-Yi G. MayoBaytown, TX

(281) 421-5774

WASHINGTONDan KelloggRenton, WA

(425) 227-8700

Please note that this list doesnot include the NAELA chapters

currently in formation.

be expanded to include Social Securitybenefits and federal salaries. A pre-cise date has not been set because, ac-cording to the report, the Social Secu-rity Administration (SSA) wants noth-ing to do with the program due to theincreased volume of inquiries and com-plaints that will be generated by thelevies. The SSA is insisting that it re-ceive a copy of any levy notice sent to aSocial Security recipient. The IRS isequally insistent that it is precludedfrom such disclosures until the levy hasactually commenced. Only time willtell how this is resolved. The GAOreport also recom-mends that pay-ments from otherfederal agencies,such as HUD, theSBA and the VA,be brought into theprogram althoughthere are no defi-nite plans as yet forthat.

Practit ionersneed to have someidea of what to dowhen the calls fromelderly widows be-gin in July. This isparticularly truesince the IRS hasnot established anymeaningful qualitycontrol proceduresfor this program.

A levy is essentially a two-step pro-cess. A taxpayer receives a “notice ofintent to levy” and then there is theactual levy itself that is sent to the bank,employer or, as here, the governmentagency. The notice of intent to levy tellsthe taxpayer to do something within thenext 30 days or a levy will commence.During that 30-day period, the taxpayercan demand an administrative hearing.All collection activity must cease whilethe results from the hearing are pend-ing.

If the taxpayer does nothing (or, ifdue to a recent change of address, doesnot receive the notice), a levy is issued.

The levy states that, if the agency doesnot hear from the IRS within 20 days,it is to garnish 15 percent of the pay-ment and send it directly to the IRS.In other words, the taxpayer still has20 days to cut a deal with the IRS be-fore the money is gone.

Due to the sensitivity of the SocialSecurity issue, the IRS has alreadystated that it will issue a second noticeof intent to levy (and thereby giving thetaxpayer a second 30 day window) ifthe levy is on Social Security payments.

When a levy hits, there are severalquick measures that any practitionercan undertake. First, have the taxpayercomplete a 2848 form, which is the IRSpower of attorney form. As most prac-titioners know, the IRS will not giveyou the time of day without a completed

2848 form on filewith the IRS. Ifyou have it but havenot filed it, take theform with you tothe nearest IRS of-fice, present it tothe local staff andcall the collectionoffice from that IRSoffice. Otherwise,it will take two tothree weeks to pro-cess the power ofattorney. By thattime, your client’smoney is gone.

The secondstep is to get a copyof the levy, whichwill indicate whichIRS office to call.

Third, makesure your client is current, i.e., that alltax returns have been filed. You willnot get far with the IRS if there areyears in which your client has not fileda return.

Fourth, is to review section 6334of the Internal Revenue Code to see ifyour client’s funds are exempt. Do notget your hopes up. There is not muchthat is exempt. And, contrary to popu-lar belief, retirement money has neverbeen exempt from IRS collection.

Fifth, get a hold of IRS Publica-tion 1494 and review the “Table ForFiguring Amount Exempt From Levy

Practitioners need to

have some idea of

what to do when the

calls from elderly

widows begin in July.

This is particularly true

since the IRS has not

established any

meaningful quality

control procedures for

this program.

IRS To Begin Levies onSocial Security Paymentsand Other Federal Benefits(continued from page 1)


NAELA News ● September 2000 3

Board of Directors2000-2001

P R E S I D E N TJudith A. Stein, Esq.

Mansfield, CT

P R E S I D E N T - E L E C TCharles Patrick Sabatino, Esq.

Washington, D.C.

V I C E P R E S I D E N TBernard A. Krooks, CELA

New York, NY

T R E A S U R E RLawrence E. Davidow, CELA

Islandia, NY

S E C R E T A R YWilliam J. Browning, CELA

Columbus, OH

P A S T P R E S I D E N TA. Frank Johns, CELA

Greensboro, NC

E X E C U T I V E D I R E C T O RLaury Adsit Gelardi, Tucson, AZ

M A N A G I N G D I R E C T O RDeborah J. Barnett, Tucson, AZ

D I R E C T O R SDonna R. Bashaw, CELA,

Laguna Hills, CADennis J. Christensen, Esq.,

Mount Pleasant, SCJoyce M. Collins, Esq.,

Hyannis, MARonald A. Fatoullah, CELA,

Great Neck, NYJo-Anne Herina Jeffreys, CELA,

Hoboken, NJDan Kellogg, CELA, Renton, WA

John (Jay) F. Kearns, CELA,West Hartford, CT

Julia E. Merkt, Esq., El Paso, TXAlex L. Moschella, Esq.,

Somerville, MAJulie R. Osterhout, CELA,

Fort Myers, FLCraig C. Reaves, CELA,

Kansas City, MOMary T. Schmitt Smith, CELA,

Bloomfield Hills, MIG. Mark Shalloway, CELA,

West Palm Beach, FLJohn J. Wargo, CELA, Racine, WI

Stuart D. Zimring, Esq.North Hollywood, CA

C O N S U L T A N T SPublic Policy, Brian Lindberg

Washington, D.C.Legal, Hugh K. Webster, Esq.

Washington, DC

President’s MessageBy Judith A. Stein, Esq.

Judith A. Stein

Last time I wrote ourgarden here in NortheasternConnecticut needed prun-ing, replanting, and mulch-ing. The tulips and daffodilshad gone by. The annualswere newly planted and notyet blooming. The perenni-als were just leafing out.Much has developed sincethen. This past July 4th weekend wascelebrated with a garden in full bloom.Daisies, roses, zinnias, impatience —annuals and perennials alike — all an-nounced their inde-pendence with vi-brant color. Thetomato plants arefull enough to needstaking. We cutback the iris leavesand forsythiabranches to getmore air and lightto the herbs anddaylilies. Still, notall is success: theneighbor gopherhas apparently de-stroyed any chanceof sunflowers and done in quite a bit ofthe Echinacea. Ken says maybe it hasa cold.

Like my garden, muchof the work to establishNAELA’s infrastructure andproject’s for 2000-2001 isnow complete. New com-mittee chairs are in placeand they are taking on theirjobs as NAELA leaders withenthusiasm and dedication.In order to complete certain

tasks, some individuals have agreed tocontinue as chairs. Equally as impor-tant, many past chairs and leaders havecontinued the NAELA tradition of gra-

ciously relinquish-ing the reins andhelping new volun-teers so thatNAELA can con-tinue to developnew leaders, newvisions, and thrivein the years ahead.

Most of thisyear’s committeesand SIGs have met.I provided eachcommittee and SIGchair with an item-ized agenda for the

year with their appointment letter.Each has an ambitious “to-do” list for

The NAELA News is published by theNational Academy of Elder Law Attorneys, Inc.

1604 N. Country Club Road ● Tucson, AZ 85716-3102520/881-4005 ● 520/325-7925 Fax ● www.naela.org

© Copyright NAELA 2000

Articles appearing in the NAELA News may not be regarded as legal advice. The natureof elder law practice makes it imperative that local law and practice be consulted beforeadvising clients. Statements of fact and opinion are the responsibility of the author and donot imply an opinion or endorsement on the part of the officers or directors of NAELAunless otherwise specifically stated as such.

Publications Chair ........................................ Rebecca C. Morgan, Esq., St. Petersburg, FL

Editor ........................................................................... Steven H. Stern, Esq., Islandia, NYAssociate Editor ...................................................... Sharon Gruer, CELA, Great Neck, NY

Associate Editor .......................................... Amanda B. D’Wynter, Esq., St. Petersburg, FL

Executive Director ........................................................... Laury Adsit Gelardi, Tucson, AZ

Communications Director ............................................. Jihane K. Rohrbacker, Tucson, AZ

Communications Coordinator .................................................. Kimberly Hess, Tucson, AZ

Graphic Designer ............................................................. Kristin L. Hager, Redmond, WA

Like my garden, much

of the work to

establish NAELA’s

infrastructure and

project’s for 2000-

2001 is now complete.



On Wages, Salary, and Other Income”.Do not overlook this one. It sets outthe minimum amount that a taxpayeris allowed to keep from a levy. For asingle person over age 65, a taxpayeris entitled to keep $666.67. A marriedtaxpayer over age 65 is entitled to keep$1,183.18.

Do all of the above before contact-ing the IRS. It really pays to do yourhomework prior to contacting them. Ithas been my experience that a practi-tioner is much more likely to get con-cessions from the IRS if the IRS staffthinks you know what you are talkingabout. The knowledge level of manyIRS staff members is broad but not verydeep. They will often back off if youseem to know what you are talkingabout.

If you do not get anywhere withthe IRS collection staff and you feel thatyour client has been treated unfairly,then you need to acquaint yourself withform 911, which is the “Application ForTaxpayer Assistance Order”. This has

recently become a very potent weaponfor tax practitioners. This form re-quests the involvement of the taxpayeradvocate. Simply asking for this formwill get a collection agent’s attention.The taxpayer advocate is an in-houseombudsman. It used to be a toothlesspaper tiger. No longer. You can ob-tain meaningful relief by filing thisform and it costs nothing. Do not hesi-tate to use it.

If you are determined to keep fight-ing, you need to take some time to be-come well versed in IRS collection pro-cedures. This is not as difficult as youmight think, especially since there aretwo fabulous treatises that will tell youeverything you need to know. They areIRS Tax Collection Procedures by Rob-ert S. Schriebman from CCH and Rep-resentation Before The Collection Di-vision of the IRS by Robert E.McKenzie from Clark BoardmanCallaghan. You cannot go wrong witheither one. If you can afford it, I rec-ommend getting both since each authoroffers some unique insights and strate-gies.

The 52 page GAO report is citedas GAO/GGD-00-65. It was issuedMay 9, 2000 and is available from themajor tax services.

IRS To Begin Levies onSocial Security Paymentsand Other Federal Benefits(continued from page 2)

Calendar ofEvents(continued from page 1)

O C T O B E R 2 8 -N O V E M B E R 1 , 2 0 0 0

National GuardianshipAssociation’s 2000 Confer-ence, “The Guardian’s Toolbox:Nuts & Bolts of Practice,” HyattRegency, Albuquerque, NM.For more information contactJenifer Mowery at (520) 881-6561, ext. 114 or [email protected].

N O V E M B E R 1 6 -1 9 , 2 0 0 0

National Academy of ElderLaw Attorneys’ 2000Institute, “Climbing ToProsperity with Profession-alism,” The Broadmoor,Colorado Springs, CO. Formore information contactJenifer Mowery at (520)881-4005, ext. 114 [email protected].

Spread the Word About NAELA!Do you have any speaking engagements in the nearfuture? If so, we’ve got the perfect proposition for you!

If you are speaking at a CLE or a legal seminar, did youknow that NAELA is able to provide you with valuableinformational brochures and membership applicationsto distribute to your audience? This is your opportunityto help build NAELA’s membership!

Help us spread the word about elder law and the good works our mem-bers do... contact us today with the following information and we will mailyou the materials for you to distribute:

1. Title of your presentation.2. Who you are presenting to.3. Date and location of presentation.4. Estimated attendance.

Please send your requests to: Kimberly Hess at [email protected] or Jihane Rohrbackerat [email protected]. They can both be reached at (520) 881-4005.


P A I D A D V E R T I S E M E N T

LexisAd

(right-reading, close to front)


the year ahead. I thank all these dedi-cated volunteers for agreeing to tacklethis work. I continue to offer whateverhelp I can provide. I also thankNAELA’s fine professional staff whichably assists me, the NAELA Board, allcommittees, and SIGs with administra-tive tasks and invaluable support. Thestaff also serves our members and is anintegral part of NAELA’s institutionalmemory.

Of particular note, congratulationsare due to Rene Reixach and ElliceFatoullah. Rene, chair of NAELA’sAmicus Committee, led NAELA’s sup-port of Ellice’s Shah case, drafting awonderfully intelligent amicus brief. Afine decision in favor of Plaintiff Shahwas issued in June 2000. The decisionand brief are available on NAELA’swebsite at www.naela.org. Rene’s com-mittee has now begun work for 2000-2001. Joined by Julie Osterhout, BillBrowning, Sally Hart , and FrankJohns, the committee will develop stan-dards and procedures for determiningwhen NAELA will file amicus briefsin the future.

As I write this message I lookahead to the NAELA Board’s annualretreat which will be held this year inPortland, ME from July 12 –16, 2000.We will be tackling many issues criti-cal to NAELA’s future. We will greetnew board members, Craig Reevesfrom Kansas, Mark Shalloway fromFlorida, Jo-Anne Jeffereys from NewJersey, and Lawrence Davidow fromNew York. This year’s retreat not onlyincludes a full day of Board meetings,but also a long range planning meet-ing.

On Saturday, July 15, the boardwill meet with representatives from theNAELA Long Range Planning Com-mittee which has worked throughout1999-2000 to develop a long range planand vision for NAELA. These are dy-namic times and the committee has pro-posed a dynamic long range vision. Thecommittee has worked by conferencecall and in-person for 12 months un-der the able leadership of chair, MyraGilfix, to bring this proposed plan tothe Board for review and action. Ithank the entire committee for their ex-

traordinary dedication to this endeavor:Donna Bashaw, Dennis Christensen,Jamie Long, Vincent Russo, DennisToman, and Ira Wiesner. Thanks tooare due to NAELA’s Executive Direc-tor, Laury Adsit Gelardi for her pro-fessional facilitation of this effort. Inmy next president’s message I will re-port on the board’s meeting and longrange plan decisions.

One of the challenges facingNAELA and its board is to embrace thenew opportunitiesand tackle thechallenges broughtto us by computers,email, and theInternet. In ourroles withNAELA, as well asin our law prac-tices, technologyhas changed andenlarged ourmeans of commu-nication dramati-cally - and itpromises to con-tinue to do so inthe future. Indeed I do not know how Iwould be doing the work I do if it werenot for e-mail and the Internet. Thus, Ihope to increase NAELA’s effective useof technology in my year as president.

I have asked NAELATechnologyCommittee Chair, Steve Silverberg, towork with President-Elect CharlieSabatino and NAELA’s Managing Di-rector, Debbie Barnett, to develop avision for NAELA’s website and tomake plans for immediate and longterm enhancements. I have also askedSteve Silverberg, and the ProgramCommittee, led by Stu Zimring , to re-view our ability to offer NAELA Sym-posium and Institute materials on com-puter disk, CD-ROM, or in other “non-traditional” formats. We have addedmember e-mails addresses wheneverpossible to this year’s NAELA Direc-tory, and we increasingly communicateamong ourselves by e-mail - both forNAELA and professional purposes. (Ican be reached at . )

NAELA”s Listserv boasts over 700members and, as anyone who reads itcan attest, it is a vibrant site to shareNAELA member news, opinions, anddebate. I posted an invitation on theListserv for volunteers and received ap-

President’s Message(continued from page 3)

proximately 10 responses. I have com-municated with all of these individu-als and have suggested committees orSIGs in which they might like to par-ticipate. Still, for all its value, theListserv still only includes about 1/5 ofNAELA’s membership, and it engagesfar fewer in active “conversation.” Wemust keep this in mind when we gagemembership opinion through theListserv and when we decide what, andhow, to “speak” through the List. This

too is a changingdynamic and one,which the boardwill continually re-view.

Currently wehave determined toplace all formalNAELA positionson NAELA’swebsite. While weannounce thepostings on the List,we do not use theList as an officialmeans of communi-cation. The board

will discuss this too at its July meet-ing. I encourage members to partici-pate on the Listserv. I also ask all mem-bers to encourage thoughtful discussionand to understand that your officers andboard members are trying hard to thinkcarefully and fully on NAELA’s behalf.There is a temptation to respond im-mediately on the List, which is, afterall, a very immediate technology.There is also, however, a need for pro-cess and discussion by the NAELABoard and Executive Committee.Thinking together during our in-per-son and telephone meetings bringsimportant group dynamics and en-hanced results, which we do not wantto lose through our competing desireto be, and to seem to be, responsive. Ihope all NAELA members will under-stand and support us as we work tostrike this important balance.

I look forward to reporting onNAELA’s Board and Long Range Plan-ning meetings and on all our variedcommittee activities in my next report.Until then I send best regards for asunny and restful summer - with sometime to spare for whatever your gardenmay be.

One of the challengesfacing NAELA and its

board is to embrace thenew opportunities andtackle the challenges

brought to us bycomputers, email, and

the Internet.



Baird Publishing – ½ page . New Ad through Nov/Dec 2000. PLACE ON RIGHT HAND SIDE

Howard J. Atlas, CELA, wasfeatured in the Summer 2000 issue ofthe Albany Law School Magazine, in“The Holistic Practice of Elder Law.”He was also featured in the July 2000issue of the ABA Journal, in “MoreMileage for an OldVehicle” and“RealityCheck.”

DonnaBashaw,CELA, wasfeatured inan article writtenby Fay Blix, CELA,for the June 2000 issueof the Orange County Lawyer,entitled “Donna Bashaw : The 2000Justice Harmon G. Scoville AwardRecipient.”

Charles Bauer, Esq., wrote anarticle for the June 19, 2000 issue ofThe Herald, entitled “Elder LawForum – A Recap.”

Clarence Behrend, Esq., was

featured in the June 3, 2000 issue ofThe Daily News, in “Estate Planning,Living Wills take on Greater Impor-tance.”

Fay Blix, CELA , and DorisHawks, Esq., were co-presenters atthe Estate Planning Section’s“Advance Directives Under the NewHealth Care Decisions Law” session

at the CaliforniaState BarSectionEducationInstitute heldin June 2000.

Jan L.Brown, Esq.,

was named oneof Pennsylvania’s

Best 50 Women inBusiness. She was also featured inthe May 19, 2000 issue of TheCentral Penn Business Journal, in“Pennsylvania’s 2000 Best 50 Womenin Business Judges.”

Robert Clofine, CELA, wasquoted in the July issue of MutualFunds Magazine, in an article


● Cazenovia Republican, in theMay 23, 2000 issue, in “EstatePlanning Basics Every SeniorShould Know.”

● FamilyPC, in the July 2000issue, in “An Online ResourceGuide.”

● The Guide to Retirement Living,in June 2000, in “What is ElderLaw?”

● The Oneida Daily Dispatch, inthe June 3, 2000 issue, in “OFAOffers Estate Planning Basics forSeniors.”

● Prevention, in the July 2000issue, in “License to Cry.”

● Valley News, in the May 31, 2000issue, in “Estate Planning Basicsfor Seniors.”

NAELA was mentionedas a resource in thefollowing publications.

NAELA Members in the News


dealing with IRAs.David Dorfman, CELA, was

quoted in the May 28, 2000 issue ofDependent Care, in “Who’s LookingAfter Sheila and Her Money.”

Mark W. Dost, Esq., wasfeatured in the June 26, 2000 issue ofThe Connecticut Law Tribune, in“Boomers Swell Elder Law Ranks.”

Linda L. Eliovson Esq., andKeith Bradoc Gallant, Esq., werefeatured in the June 26, 2000 issue ofThe Connecticut Law Tribune, in“Boomers Swell Elder Law Ranks.”

Ronald Fatoullah, CELA, andEdna Spiegel,, Esq. were featured inthe June 10, 2000 issue of Newsday,in “The Stubborn Generation.” Ronwas also featured in the June 18,2000 issue of The New York Times, in“A Method of Cutting Taxes.”

Philip R. Farthing, Esq., ToddJ. Preti, Esq., and C. ArthurRobinson III, Esq., were featured inthe June 6, 2000 issue of the VirginiaLawyers Weekly, in “Lawyers in theNews.”

Neil V. Golden, Esq., wrote anarticle for the June 2000 issue of TheElderLaw Report, entitled “LibertyBell Rings for Elder Law Attorneys atNAELA’s Twelfth Annual Sympo-sium.”

Marc Hankin, Esq., wasfeatured in the May 15, 2000 issue ofThe Los Angeles Daily Journal, in“Easy Marks.”

Sally Hurme, Esq., was featuredin the March 22, 2000 issue of theRecord, in “Crime Wave draws NewAlert for Seniors to Be Wary.” Shewas also featured in the June 18,2000 issue of The Washington Post,in “Living Trust Peddlers Prey on theUniformed” and the Fort Worth Star– Telegram in “Living Trusts Can Bea Raw Deal.”

James Jaeger, Esq., was quotedin the May 25, 2000 issue of theMilton Courier, in “Inside Wiscon-sin.”

Michael A. Jensen, Esq., wrotean article for the May 2000 issue of

Utah Spirit, entitled “Be CarefulWhen Amending Your Will” and forthe June 2000 issue of the UtahSpirit, entitled “Plan Now for YourLong Term Care.”

John F. Kearns III, CELA, wasfeatured in the June 1, 2000 issue ofAbout Time, in “Improve YourFinancial Literacy” and in the June9, 2000 issue of Health City Sun, in“Improve Your Financial Literacy.”He was also featured in the June 26,2000 issue of The Connecticut LawTribune, in “Boomers Swell ElderLaw Ranks” and in the July 2000issue of the ABA Journal, in “MoreMileage for an Old Vehicle.”

Clifton Kruse, Jr., Esq., wasfeatured in the June 18, 2000 issue ofthe Fort Worth Star – Telegram in“Living Trusts Can Be a Raw Deal.”

Whitney M. Lewendon, Esq.,was featured in the June 26, 2000issue of The Connecticut LawTribune, in “Boomers Swell ElderLaw Ranks.”

Julia E. Merkt, Esq., wasmentioned in the June 11, 2000 issueof the El Paso Times, in “People inthe News.”

Rebecca C. Morgan, Esq., andKatherine Mewhinney, CELA,were featured in the July 2000edition of the ABA Journal, in “MoreMileage for an Old Vehicle.”

Danielle B. Mayoras, Esq.,presented a special needs seminar atthe Summer 2000 Michigan SpecialOlympics.

Charles Ian Nash, Esq., wasrecently reappointed to the Wills,Trusts, and Estate CertificationCommittee of the Florida Bar aftercompleting his term as chairman ofthat same committee.

Daniel Parsons, Esq., wasfeatured in the May 18, 2000 issue ofThe Elburn Republican, in “Gover-nor and St. Charles Mayor CallAttention to Legal Needs of Elderly.”

Steve Perlis, CELA, wasinterviewed by Alan Krashevsky andPatrick T. Murphy for News Views, aChicago ABC Program On FinancialIssues Affecting Elderly Persons,which aired June 18, 2000.

Ruth Phelps, CELA, presented

NAELA Membersin the News(continued from page 7)

“Special Needs Trusts - How andWhen to Use Them” for the SeniorLawyer Section at the CaliforniaState Bar Section Education Instituteheld in June 2000.

Rene H. Reixach Jr., Esq., wasrecently featured in the June 9, 2000issue of the New York Law Journal,in “Medicaid Continues After AssetTransfers.”

Charlie Robinson, Esq., wasquoted in the July/August 2000 issueof Family Money as a BoardCertified Elder Law Attorneyconcerning Medicaid qualifications.On July 14, He addressed thePennsylvania Bar Third AnnualElder Law Institute on “It’s Time toReinvent Ourselves—Multidisciplinary Practice in ElderLaw.” He also Addressed the FloridaLegal Education AssociationGuardianship at its 2000 seminarheld in May 2000.

Don L. Rosenberg, Esq., wasquoted in the March 6, 2000 issue ofForbes magazine, in “It is to BeTrue.”

Charles Sabatino, Esq., wasfeatured in the June 19, 2000 issueof The Washington Times, in“Movers and Shakers.”

Judith A, Stein, Esq., wasfeatured in the June 6, 2000 issue ofThe Chronicle, in “News in Brief –Mansfield Attorney Voted AcademyPresident” and the June 26, 2000issue of The Connecticut LawTribune, in “Boomers Swell ElderLaw Ranks.” She also wrote anarticle for the June 26, 2000 issue ofThe Connecticut Law Tribune,entitled “Medicare manual: cover-age, Claims, and Appeals.”

Peter Strauss, Esq., wasfeatured in the May 15, 2000 issueof Physicians Financial News, in“Meeting Needs of Aging Parents.”

Jan Warner, Esq., co-wrote anarticle for the June 4, 2000 issue ofThe State, entitled “InheritanceShouldn’t Disqualify Husband fromMedicaid.”

Greg Wilcox, CELA, wasfeatured in the May 22, 2000 issueof The Recorder, in “Taking Aim atAnnuities.”



InterimHealthcare

Ad(right-reading, close to front)


aminations of NAELA and thenproject how all of the future targetedleaders may learn to make NAELAwork better. I targeted ways by whichthat could be funded. It is sort of justwaiting on the back burner for morecareful consideration from a long rangeplanning perspective.

SS: Do you feel that it needs to be astanding committee?AFJ: I do. We must have a constantand continuing effort in targetingmembers who by their efforts showleadership potential and providingthem necessary educational opportu-nities.

SS: Another area that you are intovery heavily today is ethical issuesfacing elder law attorneys, andparticularly the issue of “who is theclient?” What kind of work haveyou been doing personally on thatissue and whatdo you see assome of theimportantdevelopments in

that area?AFJ: My per-sonal work in thearea has been tostudy more his-torical and philo-sophical writingsthat chroniclecurrent legalthinking whenexamining multiple client relation-ships. This has led to a conceptionalexamination of how lawyers are law-yers. It is split in two philosophicalcamps. One is called “radical individu-alism”, which is considered the flag-ship or the hallmark of legal ethics cur-rently supported by the ABA’s major-ity. That is, that the autonomy andthe singular connection between a

lawyer and a client is sanctified andshould be of the greatest interest.Anything else should be treated withsome degree of negativity, although notrising to the level of sanction. The othercamp is a philosophical approachbased on the communitarian conceptthat within the social construct we dealwith families as entities. Regardless ofthe argument that there is no legal defi-nition of “family”, our society clearlyfunctions on the basis of family. In fact,the concept of the right of privacy isthe primary element that wraps aroundthe family and protects it. Within thefamily, the parent has a right to dothings for a child. Within your family,you have the right to dictate faith, be-havior, discipline and even punishmentto the point of physical punishment offamily members. You have the rightwithin the family context of so much.So the idea that you can’t legally de-fine family is somewhat of a ruse or il-

lusion propped upby the philosophyof radical individu-alism. Currently, un-der Model Rule 1.7family unit or entityrepresentation is notavailable. What isavailable is that youcan provide joint ormultiple client en-gagement as long asit is clear that thereare no material con-flicts. Multiple en-

gagements could be several familymembers each engaging you to repre-sent them collectively. What legal eth-ics experts currently assert is that youcan’t represent all members of the fam-ily as one entity. That is where a lot ofmy writing has been of recent focus forNAELA, and really for the benefit of allelder law and estate planning counsel.

You have the right withinthe family context of somuch. So the idea thatyou can’t legally definefamily is somewhat of aruse or illusion proppedup by the philosophy ofradical individualism.


SS: Would that be in the form of amentorship program?AFJ: Yes, a mentorship program and inaddition, I had suggested when I firstdesigned the idea of a NAELA leader-ship track that every couple of years wehold a leadership retreat where eachChapter sends potential leaders, andthen each committee sends leaders tojoin many past leaders and board mem-bers to a weekend in which valuable ef-forts of leadership are documented, ana-lyzed, and described. We would alsoconduct workshops with historical ex-

Steven Stern(SS): Frank,one of themany issuesimportant toyou and tothe future ofNAELA isdevelopingfuture

leaders. You have worked hardto promote the NAELA Leader-ship Task Force. What do youthink are some of the mostimportant commendations of theTask Force?

A. FrankJohns (AFJ):One is tomore care-fully identifythose in themembershipwith leader-ship poten-tial and

organize ways by which theirefforts may be more carefullyguided and then to couple thatwith giving them proper trainingand that would help them bestlearn how NAELA works andthen how to be leaders inNAELA.

Getting to Know NAELA LeadersA Conversation with Past President A. Frank Johns, CELAby Steven Stern, Esq.

Steven Stern

A. Frank Johns


SS: Is there current activity on thatissue and has it changed a lot of rulesperhaps?AFJ: There has been a lot of activity,although NAELA is not articulating acommunitarian conceptual approach andwe are not asserting, at least not now,advocacy for the family unit or familyentity representation because there is ahuge political negativity towards it cur-rently. But it is such an important issuefor elder law attorneys in particular.That is why I started a particular drumbeat last year when the significant pub-lic hearing process began on the modelrules. I went to the then-chairs, CliftonKruse and Becky Morgan, and I saidwhat we at least need to do is share withthe ABA Commissioners that the nega-tive view of this type of representationand the comments and rules of ModelRule 1.7 need at least one counter com-ment that says in proactive languagethat you can approach families and rep-resent them even to the point of familyunit and/or family entity representation.We only had a few days last summer toget what I was thinking about on paper.Then at the ABA annual conference lastyear I presented it at a public hearing. Idid that and I came back to NAELA witha broader perspective, articulating whywe should at least begin a dialogue onthe national level and make NAELA avisible player with its assertion that cli-ent representation should embrace ourability to deal with families as a whole.Now Becky and Clifton were both clearthat they would let me take it in for thefight, but they knew and were quite clearthat we probably would not get there.My argument was, no one has evertalked about this before with detail froman elder law context so let’s at least starttalking.

SS: What else have you been doing onthis front?AFJ: Steve, I recently wrote a three-part article on ethics for Elder Law Ad-visor. That came out as sort of a lead tothe NAELA Symposium, where I wrotean outline that addressed some of thesame issues. I am also currently pub-lishing a law review article out thismonth on the topic. In addition, during

the course of next year, Clifton and I areco-editing the Winter 2001 issue of theQuarterly on ethics and professionalism.

SS: So from now through next June,there should be a spotlight on thisissue.AFJ: Yeah, there is going to be and theBouchard Foundation is going to do itsconference in November 2000 on capac-ity and ethics which really will focus onRule 1.14 and that kind of stuff.

SS: You mention capacity/guardianship issues. That isobviously something that you arecommitted to in a really big way.What should NAELA members knowabout them?AFJ: One of the bigger things that weare going to attempt to accomplish in2001 is the guardianship conferencecalled Wingspan.

SS: What do you hope comes out ofthat conference?AFJ: I hope two things: A uniform ef-fort to consistently apply the state lawsas written so thatguardianship adjudi-cations comply withdue process. That isto say that, toomany probate judgesdo their own thing,exercising judicialdiscretion contraryto statutory man-date. I would like theresults of the confer-ence to be a catalystfor training and pro-moting a partnershipwith the NationalCollege of ProbateJudges to make surethat the operation ofthe states guardian-ship laws are effec-tive. The secondthing is to bringmore national atten-tion to the fact thatwe are neither train-ing guardians, norholding guardiansaccountable for thequality of life of thewards that theyserve. We keep them

Getting to KnowNAELA Leaders(continued from page 10)

in close attention to the accounting ofthe money, but we do not in terms of theperson. We really then need to be pay-ing attention and doing somethingabout it.

SS: What can or should be done?AFJ: There are many things. One is totake some of the volunteer models fromacross the country that have been suc-cessful at not only organizing guard-ianship training, but also organizingvolunteers and monitor the wards.NAELA and other organizations shoulddo it as a national project. The problemis that many other players out there wantto take the project and do it themselves.I hope the conference recommends aconsortium to approach a group likeRobert Woods Johnson Foundation andliterally bring the grant back to NAELA.I believe that if this type of project washoused within a volunteer organizationwhose members serve the clientele asthe target, I think it would be betterserved.



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He says that most lawyersget their business through refer-rals, but points out that one in

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SS: We first met following one ofyour presentations on guardianshipissues. In fact, to this day I still usethe phrase; guardianship is “notalways a slam dunk.”AFJ: I appreciate that. You know,you never know if anyone really ap-preciates your writing. I worried aboutthat with all my president’s messages Iwrote last year. I guess I lost my self-assurance and can’t tell. Objectivelyand on the whole I worry about whetherI served NAELA as president the wayits members hoped I would.

SS: What are some of your proudestaccomplishments as NAELAPresident?AFJ: There were two board meetingsthat were not easy, and I feel that whilemaintaining my responsibilities as thepresident, I was able to make it clear toeveryone that I would not allow any ofthe hot issues to become personal.Outside of that boardroom some of itdid, but that was dealt with profession-ally and with high standards. I amproud of how I guided the boardthrough those difficulties. When youtalk about leadership, I think that lead-ership is generally delivered based onthe personality and the presence of theperson leading.

SS: What do you think are the mostimportant things to be accomplishedby the organization in the future?

AFJ: I think growth is one, andgrowth can only come if NAELA paysattention to its grassroots. A majorcomponent of growth has got to be inthe chapters and we are not that goodat it yet and one reason is because insome states we don’t have chapters atall or we have weak chapters. It is be-cause the state bars have sort ofusurped our position by creatingstrong elder law sections. New York iscertainly an example of that. So weneed to promote position and attractpeople to organize chapters in thosestates and to do it in ways that areparallel and not in conflict with StateBar sections. Two, if we accomplishthe growth, as a parallel to that, webecome much more visible in terms of

our political advocacy and in supportof our client needs both at state levelsand even more at the congressionallevel.

SS: How do you think NAELA hasdone in that department thus far?

AFJ: I think on a federal and nationallevel we must be thankful to some otherplayers who just happen to be our mem-bers. I think we would be politically in-visible if we didn’t have Judy Stein withthe Center for Medicare Advocacy andthe fact that they are so well recognizedas a national player; and if we did nothave Charlie Sabatino, assistant direc-tor of the ABA Commission of LegalProblems of the Elderly and singularlyrecognized for his own gifts to the ag-ing network and if we did not haveBrian Linberg and Chip Chiplin keep-ing NAELA visible inside the beltway.If we did not have important playerssuch as those, I’m not so sure thatNAELA would be seen with muchstrength at all. Put all of this together inthe beltway and we have gained a lot ofcredibility and visibility. At the statelevel, we are not there yet, but we canbe and I think we will have to be if weare going to increase membership andwe have to, that is a prime focus.

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Getting to KnowNAELA Leaders(continued from page 11)

If you’ve beenlooking for aneducationalevent where…

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Spend two days of un-inter-rupted discussions with your fellowNAELA Members. This is yourchance to pick the brains of the bestin NAELA with program team leaders!

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For more information contactJenifer Mowery at (520) 881-4005, ext.114 or at [email protected].


Protection of Social SecurityBenefits from Banks andOther Creditorsby Gerald A. McIntyre, Esq.

Statutory Protections: Ever sincethe Social Security Act was first en-acted in 1935, it has contained a pro-vision to protect benefits payable un-der the Act from the claims of credi-tors. 42 U.S.C.§ 407.1 When the SSIprogram began in the 1970s, a provi-sion was enacted incorporating the pro-tections of 42 U.S.C. § 407 into theSSI program. 42 U.S.C. § 1383(d)(1).In 1983, after cases finding a modifi-cation of the statute implied by subse-quent legislation, Congress strength-ened the protection by the addition of§ 407(b), prohibiting any modificationor limitation of the statute, except byexpress reference. Pub. L. 98-21, TitleIII, § 335(a). Congress has enactedexceptions to 42 U.S.C. § 407 for 1)collection of federal, but not state,taxes, 26 U.S.C. § 6334(c), 2) enforce-ment of a judgment imposing a fine,18 U.S.C. § 3613(a), 3) administrativeoffset of a claim owed to the U.S. Gov-ernment (most commonly delinquentstudent loans), 31 U.S.C. §3716(c)(3)(A)(i), 4) recovery of SSIoverpayments from Title II benefits, 42U.S.C. § 1320b-17(a)(1), and 5) with-holding of Title II (but not SSI) ben-efits for child support.

The majority of states also havestatutes protecting Social Security andSSI benefits, with the majority of themsimply providing an exemption fromthe state’s garnishment provisions orincorporating the Social Security Actprovision by reference. An exceptionis California which protects $2,000($3,000 for a couple), regardless ofsource, in a bank account into whichSocial Security or SSI benefits are di-rectly deposited. Cal. Code Civ. Proc.§ 704.080.

Bank Practices: As more andmore Social Security beneficiaries andSSI recipients choose to receive theirbenefits through some form of auto-matic direct deposit in a financial in-stitution,2 banks have found them to

be increasingly attractive customers.Not only does the bank receive the ad-vantage of the float and the low trans-action cost of the electronic deposit,but it also has the assurance of incom-ing funds the next month. A numberof banks, secure in the knowledge thata new SSA benefit will be automati-cally deposited the next month, arenow trying to entice their low-incomeSocial Security or SSI customers intooverdrawing theiraccounts throughuse of a debit card,in the process run-ning up substantialoverdraft chargeseach time they usethe debit card. Thenext month, whenthe Social Securityor SSI benefit is de-posited by the Trea-sury, the bank thensimply helps itselfto so much of theincoming SocialSecurity or SSIbenefit as is needed to cover the over-drafts and associated bank fees. Insome instances, the bank takes thewhole monthly benefit with disastrousconsequences for the individual.

Litigation has been filed to chal-lenge these bank practices, with theplaintiffs alleging that the practicesviolate the Social Security Act and/orstate law.3 The banks contend there isno violation of the law because therewas consent and, in any event, thereis no “execution, levy, attachment,garnishment, or other legal process”involved. There have been no rulingsin any of these cases so far.

Case Law: The Supreme Courthas examined the Social Security Actprotections on two occasions. InPhilpott v. Essex Co. Welfare Board,409 U.S. 413, 93 S.Ct. 590 (1973), thecourt invalidated a New Jersey statute

authorizing recovery from past due So-cial Security benefits for state welfarebenefits previously provided. In so con-cluding, the court noted that the stat-ute “imposes a broad bar against theuse of any legal process to reach allsocial security benefits.” 409 U.S. at417, 93 S.Ct. at 592.

Similarly, the court struck down anArkansas statute, insofar as it autho-rized the state to recover from SocialSecurity benefits for the cost of care ofstate prison inmates, ruling that “Sec-tion 407(a) unambiguously rules outany attempt to attach Social Securitybenefits.” Bennett v. Arkansas, 485U.S. 395, 397, 108 S.Ct. 1204, 1205(1988).

Subsequent Cases: Much of thelitigation since Bennett has revolvedaround the meaning of the statutory

term “other legalprocess.” InBrinkman v. Rahm,878 F.2d 263 (9th

Cir. 1989), thecourt found Wash-ington State’s prac-tice of seizing So-cial Security fundsof patients commit-ted to state mentalhospitals was“other legal pro-cess” even thoughthe judicial processwas not used. Seealso, Crawford v.

Gould, 56 F.3d 1162, 1167 (9th Cir.1995) (Social Security benefits “cannotbe used to pay the plaintiff’s cost of carewithout the patient’s knowing, affirma-tive and unequivocal consent.”), but seeFetterusso v. State, 898 F.2d 322 (2nd

Cir. 1990). More recently, the TenthCircuit rejected a credit union’s attemptto recover a delinquent loan from So-cial Security funds through setoff, eventhough the Social Security beneficiaryhad signed an agreement authorizingsuch a practice. Tom v. First Ameri-can Credit Union, 151 F.3d 1289, 1292(10th Cir. 1998).

Other cases have found a violationof § 407 even where payment was notrequired from Social Security funds.King v. Schafer, 940 F.2d 1182 (8th Cir.1991) (State’s efforts to seek reimburse-


Not only does the bankreceive the advantageof the float and the lowtransaction cost of the

electronic deposit, but italso has the assuranceof incoming funds the

next month.


ment for care triggered by receipt ofSocial Security funds); ContinentalCasualty Co. v. Hunt, 913 P.2d 292(Okla. 1996) (Insurance co. could notmaintain suit for repayment of disabil-ity insurance benefits when it was re-ceipt of Social Security benefits thattriggered repayment obligation).

Although there was virtually nolitigation on the anti-assignment clauseuntil the decision in Philpott, almost40 years after its enactment, there hasbeen a fair amount of litigation sincethat time in both state and federalcourts. It can be expected that litiga-tion surrounding the provision will in-crease in the coming years, both in con-nection with more aggressive bankingpractices and also in connection withthe use of SSI income for determina-tion of child support.4

Gerald A. McIntyre is DirectingAttorney, National Senior Citizens LawCenter, Los Angeles office.

Footnotes1. The text of this section currently reads as

follows:

(a) The right of any person to any futurepayment under this subchapter shall notbe transferable or assignable, at law or inequity, and none of the moneys paid orpayable or rights existing under thissubchapter shall be subject to execution,levy, attachment, garnishment, or otherlegal process, or to the operation of anybankruptcy or insolvency law.

(b) No other provision of law, enactedbefore, on, or after April 20, 1983, maybe construed to limit, supersede, orotherwise modify the provisions of thissection except to the extent that it doesso by express reference to this section.

2. In December, 1999, the percentage ofSocial Security beneficiaries using directdeposit was 77.2 percent wide, rangingfrom a low of 46.4 percent in Puerto Ricoto a high of 87.6 percent in Florida.

3. Lopez et al v. Washington Mutual, Inc.,Case No. C-99 20890 RMW/PVT (N.D.Cal., filed Sept. 2, 1999); Miller v. Bankof America, Case No. 301917 (Cal.Super., S.F. Co. filed Mar. 11, 1999)

4. For example, see Davis v. Office of ChildSupport Enforcement, ___S.W.2d___,2000 WL 638934 (Ark.).

Name/Telephone Ext. E-Mail Address

Address Changes .......................... Jenifer Mowery, ext. 114 .......... [email protected]

Advertising ..................................... Kimberly Hess, ext. 106 .......... [email protected]

Billing Questions .......................... Janet Tite, ext. 119 .................... [email protected]

Board Action .................................. Laury Adsit Gelardi, ext. 113 ... [email protected]

Brochures ....................................... Terri Anthony, ext. 107 ............. [email protected]

Certification .................................... Brittany Betz, ext. 116 ............... [email protected]

Chapters .......................................... Janice Phillips, ext. 121 ............ [email protected]

Committee Placement .................. Janice Phillips, ext. 121 ............ [email protected]

Executive Director ......................... Laury Adsit Gelardi, ext. 113 ... [email protected]

Experience Registry ...................... Jenifer Mowery, ext. 114 .......... [email protected]

Fellows ............................................. Debbie Barnett. ext. 117 ............ [email protected]

Finances .......................................... Debbie Barnett, ext. 117 ............ [email protected]

Mailing Questions ......................... Jami Morris, ext. 118

................................................. or Terri Anthony, ext. 107 ........ [email protected]

Media Relations ............................. Jihane Rohrbacker, ext. 115 .... [email protected]

Membership .................................... Jenifer Mowery, ext. 114 .......... [email protected]

Membership Directory ................. Jenifer Mowery, ext. 114 .......... [email protected]

NAELA News/Quarterly Articles . Jihane Rohrbacker, ext. 115 .... [email protected]

Public Policy .................................. Laury Adsit Gelardi, ext. 113 ... [email protected]

Special Interest Groups ............... Jane Coppolla, ext. 109 ........... [email protected]

State Coordinators ........................ Jenifer Mowery, ext. 114 .......... [email protected]

Symposium/Institute Information

CLE ......................................... Brittany Betz, ext. 116 ............... [email protected]

Exhibitors .............................. Pam Carlson, ext. 108 ............. [email protected]

Publicity ................................. Jihane Rohrbacker, ext. 115 .... [email protected]

Registration .......................... Jenifer Mowery, ext. 114 .......... [email protected]

Speakers ................................ Janice Phillips, ext. 121 ........... [email protected]

Tapes/Manuals ............................... Terri Anthony, ext. 107 ............. [email protected]

There are often questions as to who is who on the NAELA staff.As you know, we have a staff of 15 people working for us, andeveryone is responsible for very specific things. Our offices arelocated at 1604 North Country Club Road, Tucson, Arizona 85716and are open from 8:00am. to 5:00pm., Mountain Time, Mondaythrough Friday, except holidays. The telephone number is (520)881-4005. The fax number is (520) 325-7925. We also have voicemail and therefore, you may leave messages 24 hours a day,seven days a week! To help you in your endeavor to get throughthe maze, we are listing who you should contact for what things:

Who’s Who on theNAELA Staff?

Protection of SocialSecurity Benefits fromBanks and Other Creditors(continued from page 13)


“But, I’d have to leaveNike.” Nike is Bill’s nine-year-old cat. Widowed, myclient’s three children arelong out of the nest. Bill isnow alone and his bestfriend is a long-haired man-darin orange colored feline,one the cat fanciers wouldcall “a red.”

Nike and his servant-master livetogether; their home is one among sev-eral clinging to a rocky slope on thecity’s western edge, part of the greatRocky Mountain foothills. Bill’s andNike’s home is high enough so that thecity’s lights can be seen as eveningcomes each day. They are visible fromthe home’s kitchen window and fromthe windowed pantry where Nike’s foodis stashed when its sliding door is open.

A modest but deep, narrow gorgeis a slash at the eastern lot line’s edge.This ravine carries the rainfall and themelting winter snow away from thehillside slope to an unknown destina-tion somewhere on a lower level, per-haps to an underground, natural cis-tern. The water just disappears. Billdoesn’t know where it goes and doesn’tcare. Nike knows to stay away whenthe runoff fills the narrow slit in theearth beside his home; so do the redfoxes and an occasional gray whotrample the backyard earth of thehomes on Constellation Avenuewhere Bill and Nike live.It’s a macadamedshelfthat conjoins thehouses ofthose livingin the sky-ward lofts n u g g l e donto themountainsinitial slope.And it’s fresh,crisp mountain air that’sbreathed at every moment by thosewhose claims are staked out on the ris-ing ground above and below the

avenue’s passageway.Bill is 82 and for the

past few weeks has been ca-rousing1 the city’s assistedliving centers, the “A-L’s” hecalls them, those in placesfilled with the combinedaroma of people living in alarge indoor community, andthose in the making, sched-

uled for completionsoon with leasing of-fices on site, and col-ored drawings onlarge signs urginglookers to stop - tomake deposits beforethe good rooms, notyet framed, are alltaken.

“It’d be$3,400.00 a monthjust to live in one,”Bill said, “with noassistance until Ineed it. Then the billgoes up. Holy moly,it only costs me$700.00 a monthnow, maybe $800.00,to live in my ownhome - with Nike.” Bill’s cat wouldn’t

be welcomed in an A-L, and Bill knowsthat.

Draft one ofBill’s will had justbeen completed, andwe met at his home to

do some fine tuning.His net worth in dollar

bills stacked on top of eachother wouldn’t reach the tall-est peak in the Rocky’s rangewithin Bill’s eyesight, butthere would be a tall stack.How high would a pile oftwo million ones be?“All my friends tell me to

get into an A-L center so I’ll be readyif and when I need it.” He looked atme helplessly. He needed some ammo,

P E R I P A T E T I C E S S A Y I S T

But, I’d Have To Leave Nikeby Clifton B. Kruse, Jr., Esq.© Clifton B. Kruse, Jr.

Clifton B. Kruse, Jr.

reasons for remaining where he is, inhis home, as if leaving his beloved Nikewasn’t a sufficient reason to stay put.

“Ever been on a cruise ship, Bill?”I asked, “same people every day, dayafter day. The cabin doors open andout they come, parading toward thebreakfast buffet. Do the topics of con-versation change? Do you get cor-nered? Do you listen to the same non-sense every day? Do you stay insidethe cabin’s close confines some daysjust to avoid the ceaseless chatter, thephatic talk, of those who have nothingto say?

“Do the people change at the A-L’s? One dies or is taken to a nursing

home, anotherarrives, one wholooks and talksjust the same asthe one nowgone. Do I havethis right, Bill?And you’re aprize, a reallygood catch.Those lookingwill have theirWoolworth co-logne smearedon at breakfastmixed, ofcourse, with thearoma of bathpowder, a whiffof which will beenough to over-

come you. It’ll make the crepes lesstasty. Burned toast is something you’lllook for, a nosebag full, a nostrumagainst the freshly perfumed ones nearyou, those in line for seconds.

“I’ve never been on a cruise ship,Bill, so I’m just making this up - butcan you visualize it - a room filled withthe same people every day, people whohave little in common except they, too,were told, as were you, that they’d bet-ter move into an A-L because theymight need it someday. “And theymight, and so might you, so rent onethen, not now. This is the rule, Bill:never, ever leave your home until youhave no choice. Bring help to you.How much help can you have for thesame price that the A-L will cost? Youspend $800.00 a month now. Subtract

Widowed, my client’s

three children are long

out of the nest. Bill is

now alone and his

best friend is a long-

haired mandarin

orange colored feline,

one the cat fanciers

would call “a red.”



There is more demandtoday for the services of el-der law attorneys than everbefore. There is also morecompetition from other agingnetwork professionals thanever before. Some of us willbe inclined to stick our headsin the sand: hoping we willretire before the practicechanges. But most of us are

looking at our crystal balls trying to figure out whatto do and where to go to keep our practices healthyand thriving.

Geriatric care managers, accountants, insuranceagents, and financial planners are all eyeing areasthat were traditionally considered elder law matters.The American Institute of Certified Public Accoun-tants (AICPA) has actually formulated their “ElderLaw Assurance Program” that proclaims how the CPAshould be “the trusted professional” for all their cli-ents’ elder care needs.

I met with the AICPA Elder Care Committee inJanuary 1998 to discuss how CPAs could work withelder law attorneys as part of the aging network. Itwas very apparent to me that accountants were notaware of nor participating in the aging network. Wehad an extensive discussion at that point, about at-torneys being the center of the aging network andthat we would welcome other knowledgeable profes-sionals in working with our clients and exchangingreferrals.

My hats are off to the AICPA. Faced with de-clining tax work, they are work-ing to position their members intonew areas of practice. They couldhave reacted like the AmericanMedical Association and stucktheir heads in the sand (no one butdoctors will head health care or-ganizations), but instead, they arelooking to guide their membersinto viable practice areas. Thereality is that CPAs can have non-

Laury Adsit Gelardi

Threats?... I Think Not!By Laury Adsit Gelardi, Executive Director

CPAs as partners and can practice in areas that werenot traditionally deemed to be “accounting work.”

Our board has closely watched the activities ofthe AICPA and their materials were definitely stud-ied closely by our long range planning committee.We have had board members participate as speakersat AICPA meetings. The feedback has been interest-ing. Accountants are definitely trying to figure outhow they can replace attorneys as the center of theaging network. I told them in 1998, that they were10 years behind the elder law attorneys. The feed-back I have gotten from members who have workedwith the AICPA and their members is that NAELAmembers have a passion for the work that is lackingin AICPA members. NAELA members have enteredthe field, by and large, because they want to make adifference in the lives of others….not because it wasthe next business venture. NAELA members are theones who are knowledgeable about the available re-sources. One NAELA member from the state of Wash-ington told me in Philadelphia: “I was an estate plan-ner, but I really like this caring stuff.”

Personally, I think CPAs will make a nice addi-tion to the aging network team. We should welcomethem and work with them in the areas that they excel.There is more than enough work for everyone and themore reputable and knowledgeable professionals whocan work with the elderly…the better it is for the cli-ent. Some members think we should be threatenedby CPAs……..I think not! We just need to be theones who define the relationships and preserve theareas we have. CPAs may just push us to be better atwhat we do and to stay on our toes…as we should!

As Judy has mentioned in hercolumn, watch for the report onNAELA’s long range planning ef-forts. They are exciting. They areinnovative and they are substan-tial!! No heads in the sand here!The full report will be posted onthe NAELA website as soon as itis done and a synopsis will beprinted in a future NAELA News.Watch for it!

One NAELA member

from the state of

Washington told me

in Philadelphia: “I

was an estate

planner, but I really

like this caring stuff.”


But, I’d Have ToLeave Nike(continued from page 15)

that from $3,400.00. How much care canyou get for $2,600.00 bucks a month - inyour own home?

“If you need round-the-clock care,the option’s yours - at home or in a nurs-ing center; you’ve got the dough. Am Imissing something?”

Bill leaned back in his overstuffedden chair; its lower side portions show-ing the effects of its double duty, usedalso as Nike’s scratching post. His lookwas upward at the high ceiling whichmade the room imposing. He was think-ing. I didn’t interrupt this interlude withspeech. “It’s my home - and Nike’s,”Bill finally exclaimed. “My wife and Ibuilt it. I love it! I must be crazy. Mykids are fine - two lawyers out of threekids. The bright one is into computers -the third kid.” He grinned - so did I.

“Phatic talk - chatter, right? I waslistening, and you’re right. That’s allI’d hear, and, if not perfume, an antisep-tic smell . . . and institutional food.”

Bill leaned back again. “Lovely!”He began an introspection, a quodlibet,his eyes shut tightly. Some of histhoughts were verbalized, but mostlythe contemplation was in quiet thoughts,the good ones accentuated with a wrysmile. He could, should, stay in his homewith Nike, his consort; he is a king in aRockies’ castle, and he knows it.

Finally, Bill’s eyes opened. “Done,”he exclaimed. “I’m staying! Decisionmade! Why did I ever think otherwise?”

Nike took this occasion to get somestroking. He jumped up on his muchloved master’s lap, and he turned on hismotor. Two content beings, bound toeach other, reinforcing their affection.

“Tell your friends that the A-L ideais history, Bill. You’re at the top of theheap. Don’t look down again.”

●●●

Will drafting 412 - not a freshmanclass. Experience provides the stage onwhich we perform, making life better forour elder clients - those who haven’t

listened clearly to their own hearts, whoforget what life may really be like with-out their precious Nikes (and their re-placements), consorts to their provid-ers, and at whatever age still like infantchildren. They cannot be abandoned,left behind, ever forgotten.

●●●

Two million. That’s enough for at-home care forever for Bill and his side-kick as well - if either ever needs it. It’sonly money given in exchange for life,for living, for joy, for the privilege ofbreathing mountain air, seeing the city’ssky scape glowing through the night.It twinkles into Bill and Nike’s kitchenas cans are opened, their contentsheated. Bill spoons up the food. Nikejoins in when the scraps are attractive.For them, this is gourmet dining, feasts

looked forward to and shared daily byinseparable friends.

ResourcesAARP’s Public Policy Institue has published the latest edition of

Reforming the Health Care System: State Profiles for 1999. This ninthedition includes expanded income-related health insurance measures andupdated health systems change indicators, including fraud and abuse activ-ity. It provides information on 95 key healthcare system indicators foreach state and the U.S. territories. Call AARP at (202) 434-2277 for moreinformation.

Senior Housing Net, and the American association of Homes andServices for the Aging, announced plans to provide a new directory ofaging services and senior housing options. Finding needed aging ser-vices and senior housing will be easier than ever, according to the alliance,thanks to alliance between the association and Senior Housing Net, a memberof the move.com network of home-related websites. The Association’s morethan 5,600 members, all not-for-profit organizations offering aging ser-vices and/or housing, will now be listed and described on the Senior Hous-ing Net website (www.move.com). Under the alliance, the association’scomprehensive listing of not-for-profit nursing homes, continuing care re-tirement communities, senior housing residences, assisted living and com-munity service providers will be available through Senior Housing Net.

Safe Medication website http:www.ismp.org. — The institute ofSafe Medication Practices, launched “Textbook Errata,” a new section ofits website devoted to correcting dosage and other serious mistakes, as wellas incorrect information, found in published articles or health-related books.The new web section currently provides full information about a number oferrors and corrections that have been reported to the institute.

AARP introduces the following publication: “Where there is aWill…Legal Documents Among the 50+ Population: Findings from anAARP Survey.” You can order a free copy of this publication by writing toConsumer Issues, AARP, 601 E St. NW, Washington, DC 20049. You canalso download the publication as a PDF file from www.research.aarp.org.

Footnotes:1. So as to acknowledge that I am

worsening a word (expanding itshistoric meaning), the MiddleFrench word as an adverb means“to the bottom,” the source perhapsfor “bottoms up,” quaffing, drinkingdeeply. Such a word, however,metaphorically is what my friend, Bill,is doing, “drinking deeply,” taking inas much as his emotions can tolerateas he searches out the undesiredcare centers in his community. Hehas no interest in what he senses asthe bottom line of this experience -his own death, leaving his muchloved home and companion. Isuspect at the end of each day of hissearch, he carouses again in hishome with his beloved Nike - drinkingdeeply once more in the 1567 MiddleFrench definition of the word.


National Academy of Elder Law Attorneys1604 N. Country Club Road l Tucson, AZ 85716-3102

520/881-4005 l 520/325-7925 fax

NOVEMBER 16-19, 2000

HOLD THESE DATESFOR THE NATIONALACADEMY OF ELDERLAW ATTORNEYS2000 ADVANCEDELDER LAWINSTITUTE

2000 Institute willinclude tracks on:Practice Development/Practice Management,Special Needs Trust(SNT), and Hot Topics!

HOTEL INFORMATIONThe BroadMoor HotelP.O. Box 1439Colorado Springs, CO 80901-1439

Reservations: (800) 634-7711Guest Fax: (719) 577-5779Rate: $169.00 per night, single ordouble occupancy

Be sure to mention that youare with NAELA to receive thisspecial conference rate.

Navigant International can assist youwith your travel needs 800-229-8731

For more information ,contact Jenifer Mowery at(520) 881-4005, ext. 114 or bye-mail at [email protected].


Internet CornerLet Your Website BringNew Clients to Youby Larry Bodine

There are 10,000 law firms that havewebsites today. One reason is that theyare wonderful magnets for new busi-ness. By following a few tips, you canmake your website stand out and workhard to attract new clients.

There’s no question that websitesbring in new business. For severalyears I’ve operated the LawMarketingPortal, www.Lawmarketing.com , aWeb site where law firms learn how toget more business. In this role I’ve seenmany examples of the practice devel-opment power of the web:

● “The Internet brings us newclients seven days a week and 24hours per day,” reported JayFoonberg, a partner with Bailey& Marzano of Santa Monica,CA, who operates websites aboutownership-sharing of businessjets and about inheritancecontests. “We don’t seek clients.They seek us,” he said.

● The website of Brown & Bain inPhoenix, www.brownbain.com,attracted an inquiry from theassistant general counsel at asemiconductor company, accord-ing to Marketing Director F.Patrick Bustamante. The firmresponded promptly to thevisitor’s web inquiry form andsigned up the company’s intellec-tual property matter.

● The marketing effectiveness ofplaintiff law firm websites werechronicled in the June 16, 2000Wall Street Journal. The siteswere devoted to pharmaceutical,construction and medicalliability. Each was fine-tuned toshow up high in web searchesand offered interactive question-naires for visitors. “Suchwebsites can drum up a lot ofbusiness,” the Journal attested.

There are examples galore. Elderlaw attorneys can take advantage of

cyber marketing by setting up an in-formative website, and can attract cli-ents in a dignified way. If your firmdoesn’t have a website, simply call aweb designer in the yellow pages under“Internet.” Or you can get one free atFindLaw; by using a series of simplefill-in forms at http://office.findlaw.com/firms.html, you can create a professionalwebsite for your firm in a matter of min-utes. NAELA also offers a personal-ized website service. For more informa-tion on that contact Debbie Barnett [email protected].

First and most foremost, add freshcontent to your site as often as pos-sible. This is the single most importantelement of getting new businessfrom your web site.People con-cerned aboutelderly familymembers arehungry for infor-mation. Theywant to know thedefinitions ofterms and expla-nations aboutthe law morethan anythingelse. So turnyour site intoa “portal,”meaning aone -s topdestinationfor clients and prospects tolearn about elder law. Educate your cli-ents and answer their most frequentlyasked questions.

For example, discuss what issues acaregiver will confront with an agingparent, what is involved in a contestedguardianship, what a “springing” powerof attorney is, what to know regardinglong term nursing home Medicaid, andwhen a nursing facility is more appro-priate than assisted living.

Here are three excellent elder law sites.They top my list because they arequickly and easily found.

● Lawyer Charles F. Robinson’ssite at http://rclaw.com. Hisreassuring photo is on everypage. The site is devoted toexplaining elder law issues. It iswritten to answer many clientquestions and carries reports oncourt opinions and news stories.The site has a page, “What youshould know about long termcare insurance” and has aseparate “How we can help”page.

● Elder Law Central is the name oflawyer Richard Stefan Lurye’ssite at www.elder-lawyer.com. It’sa resource library for elder lawissues designed to help theelderly client, and also featuresnews alerts. It even plays musicwhile you visit his site.

● Nay & Friedenbergsets out color photos of

their attorneys atwww.naylaw.com. A

sidebar displayslinks to health

news storiesby Reuters.While thesite issmall, itstillprovides a“search”feature forvisitors.

Once youhave asite, put it

to work:

● Include your URL inall your marketing materials. Itshould appear on your businesscard, letterhead, newsletters,advertisements and yellow pagelistings. Put your URL in yoursignature line in e-mails.

● Be sure to include your phoneand fax numbers on your site, themailing address and a map onhow to get to your office.



● Use the magic word “free” all overyour site. A great example isKraft & Associates site atwww.kraftlaw.com, which offers afree initial consultation, freeprinted materials and a toll-freenumber on the site. Give awaysomething of value to everyonewho visits your site – a newslet-ter subscription or an article willdo fine.

● Make your site interactive. Forexample the Finkelstein LevineGittselsohn & Partners firm,www.lawampm.com, has a “Do Ihave a Case” button wherevisitors can complete what isessentially an intake form.Visitors provide their personalinformation and a detaileddescription of their matter, whichcan be reviewed by the firm at itsconvenience.

● Write articles about elder lawand mention your site in thearticle. The editors will behappy to list your firm’s URL(web address) in the author’sbiography.

● Tweak your site to make it risehigh in search engine searches.I’m convinced that more clientsfind lawyers by using Yahoo thanby going to the library andpulling a lawyer directory off theshelf. You can optimize your siteby having your web designerinsert invisible “meta tags” thatimprove your ranking by searchengines. Also, ask the designerto hand-register your firmwebsite with search engines.There are registration servicesyou can pay to do this, but I’davoid them if they use softwareor automatic programs toconduct the registration.

● Build an Extranet for clients onyour site. An Extranet is aprivate area on your web site thatclients may view after entering apassword. They are allowed toview documents in process andcheck the status of their matters.This is a valuable benefit toclients and saves lawyer time

spent updating clients on thestatus of cases. Note that youcan get a free Extranet fromFindLaw too. For 10 Mb ofsecure document storage go tohttp://office.findlaw.com/signup.html.

● Don’t load up your site with a lotof fancy graphics. Many peoplehave old 56K modem connec-tions to the web and graphicsslow down the viewing process.Concentrate instead on puttingup interesting text.

● Visit the LawMarketing Portal toget new ideas on how to marketyour law firm. The site is a topdestination for promoting a lawfirm. See especially the “LegalMarketing Technology” page athttp://www.lfmi.com/tech/techindex.html

● Make the site personal. Peopleare scared of lawyers, and youshould make visitors feelcomfortable. A smiling pictureof yourself surrounded by yourfriendly staff will show that youare not intimidating. The text onyour site should be warm andassuring, and avoid impersonal“advertising-speak.”

● Broadcast your successes. Agreat defense firm ex-ample is Bartlit Beck,www.bartlit-beck.com, anda great plaintiff firmexample is Corboy &Demetrio,www.corboydemetrio.com.Both firms reprint news-paper articles and set outdetailed press releasesabout their matters. Elderlaw firms can do the same.

● Put all your content intodatabases. This is a taskthat you must hire asophisticated web designcompany to do. The goalis to keep your site freshby making it easy toupdate. Web-basesdatabases allow you toenter new information intext boxes, withoutneeding to use any HTMLcoding, and to publish thecontent to your site by

simply clicking on the “save”button.

● Make your site “sticky” withMind-It buttons. Seewww.lfmi.com/news/newsindex.html for an example.Visitors type in their e-mailaddress into the Mind-It icondisplayed on your web page, andthey will be notified by e-mailwhenever the page is updated.This brings early visitors backagain.

● Put your content on otherwebsites, especially those oforganizations to which yourclients belong. Send them anarticle or newsletter you’vewritten, and ask for a link backto your site. Also, grant reprintpermission freely for yourcontent, so that news andpublication websites will carryyour material. These techniqueswill build traffic for you andbring clients.

Larry Bodine, is the operator of theLawMarketing Portal and moderatorof the LawMarketing Listserv. Bothonline resources are free atwww.Lawmarketing.com . Mr. Bodinecan be reached [email protected].

Internet Corner(continued from page 19)

Certified ElderLaw AttorneysThe following individuals haverecently completed the requirementsto become a Certified Elder LawAttorney by the National Elder LawFoundation. Congratulations!

Ruthann P. Lacey, CELAAtlanta, GA

Catherine Leas, CELASun City, AZ

Dennis J. Toman, CELAGreensboro, NC

For more information on how tobecome a Certified Elder LawAttorney, contact Brittany Betz at(520) 881-1076, ext. 116, e-mail:[email protected].

Con

grat

ulat

ions


Call forProposalsCare/CaseManagement—WhoNeeds It?5th International Care/CaseManagement Conference

Presented by The Learning Centerof the American Society on AgingCo-sponsored by the NationalAcademy of Elder Law Attorneys

June 28-July 1, 2001Vancouver, British Columbia, Canada

Deadline for Submissions:October 27, 2000

For more information contact RodneyMartins, ASA Conference Manager, 833Market Street, Suite 511, San Francisco,CA 94103-1824. (415) 974-9600; (415)974-0300 Fax; www.asaging.org.

I look forward to hearing fromyou, and trust that yoursubscription will enhanceyour knowledge andinterest in the world ofcare management. Youcan reach me, KimberlyHess, at (520) 881-8008,ext. 106 or by e-mail:[email protected].

GCM JOURNAL SUBSCRIPTION ORDER FORMI am enclosing $67.50 (Normally $75.00) to cover one year’s subscription to the GCM Journal.Please send to the following address:

Name: ________________________________________________________________________

Address: ______________________________________________________________________

City: ______________________________________ State: __________ Zip: _____________

Phone Number: ________________________________________________________________

Payment Enclosed: __________________________ Check # ___________________________

Visa/MC# _____________________________________________________________________

Exp. Date _____________________________________________________________________

( )

You will receive four timely, exciting issues, covering topics from the latest in technology in geriatric care management,to the latest stress fighter for care managers. Simply fill out the card below to start your suscription.

10% off

PLEASE RETURN TO: National Association of Professional Geriatric Care ManagersAttn: Kimberly Hess, Subscription Dept., 1604 N. Country Club Road, Tucson, AZ 85716-3102

ATTENTIONNAELA MEMBERS

HURRY!For a limited time, receive 10% off your GCM Journal subscription

PBS Series on CaregivingSeeks Sponsors

PBS is developing a nationallytelevised series on the subject of

“caregiving.” The televisionevent, which will be broad-

cast in the Fall of 2001 willfeature celebrities and will

address issues such as what todo when crisis strikes an aging

parent, spouse or child, and whatoptions are available for individu-

als. It will also tackle subjects suchas the future of health care and

technology including pharmaceuti-cal, bio-engineering and robotic

advances, coupled with discussions about long-ter care, elder law, andfinancial planning.

Sponsorship benefits include national media connection throughPBS to the largest segment of the US population—the baby boomers,prominent visual and audio credit at the beginning and end of eachhour program, access to 50 million weekly PBS viewers, in a non-commercial environment, with quality demographics mirroring the USbuying population, and more.

NAELA members interested in sponsorship opportunities forthe series should contact Wiland-Bell Productions at (310) 396-4701,e-mail: [email protected] or [email protected].


NAELA 2000 Institute A Must-Attend Event!by G. Mark Shalloway, CELA2000 NAELAInstitute Chair

You are cordially in-vited to attend the 12th

Annual Advanced ElderLaw Institute—Climb-ing To Prosperity WithProfessionalism—at theBroadmoor Resort inColorado Springs, CO,November 16-19, 2000.

On behalf of theNAELA Institute Steer-ing Committee, let mebegin by sharing withyou our programmingobjectives. We started byreviewing the feedbackobtained by the NAELA ProgramCommittee’s focus groups and surveys,SIG input, past program evaluations andof course NAELA’s rich traditions andbold vision. Here are eight program fea-tures that you suggested and that we’reincorporating into the program:

● An advanced rigorous curricu-lum for the seasoned practitioner.

● More in-depth treatment onuseful and fewer topics.

● Practice management anddevelopment training andeducation (in the MDP environ-ment.)

● The latest in law and nationalpublic policy and advocacy.

● Innovative effective formats forsessions that emphasize practice,not theory.

● An increase in the number ofexperts from other fields andindustries to present .

● Fellowship and networking.

● An inspiring motivationalexperience for your renewal andrejuvenation

With this in mind, we haveplanned three substantive tracks: Prac-tice Development/Practice Manage-ment (PD/PM); Special Needs Trusts

(SNT); and Hot Topics (HOT).Highlights from the PD/PM

track will bring outside indus-try experts to you. For example,gain the competitive edge andenhance your professionalismwith Disney consultant, DarleneBonnewell who will give us thesecrets of how to deliver excep-tional customer service to yourclients. Brainstorm with yourcolleagues and author of Wordof Mouth Marketing, Jerry Wil-son, who will also present onpowerful referral-based market-ing techniques. Learn how toserve your clients on the Internetto build your practice with tech-nology-based consultant KenMcCarthy (Warning: This ses-sion is not for techies; entrepreneursonly please.)

We will help you with practicalreal-life strategies to appropriately po-sition you as the attorney in the MDPenvironment with presentations onstructuring ancillary services as prac-tice models for your firm.

Other 2000 Institute features in-clude an interactive workshop on howto use Power Point to enhance the pro-fessionalism of your presentations, andearly-birds can take advantage of a spe-cial bonus training workshop Thursdayall morning on principles and tech-niques of adult learning theory, train-

ing and public speaking.For an in-depth advanced curricu-

lum, we dedicated an entire track forSNTs. This was based on the notionheld by many that this kind of work isto veteran elder law attorneys in themillennium what Medicaid planningwas to pioneer elder law attorneys inthe mid-eighties and nineties. Thistrack’s curriculum is designed to getyou up to speed substantively and pro-vide at least one set of additional ser-vices, such as case and money manage-ment. Indeed, if you combine this trackwith the training and information of the

(at left) DowntownColorado Springs.

(below) Garden ofthe Gods Park. Thepictures wereprovided by thecourtesy of theColorado SpringsConvention andVisitors Bureau.



PM/PD track, you might leave with arecipe for greater prosperity with pro-fessionalism!

Our Hot Topics track promises tokeep you informed of the latest updatesand trends in national public policy,legislation and advocacy on Medicare,SSI and Medicaid. It includes addi-tional topics thematically connected bytheir currency and relevance. For ex-ample, debunk medical myths in pal-liative care and life-prolonging proce-dures from guest physicians to enhancethe effectiveness of your Advance Di-rectives. Witness and comment on amock hearing before a three judge panelon two motions: One for an end-of-lifemedical decision, the other for proposedMedicaid planning; both in the contextof a Guardianship.

Innovation in these session formatsis pervasive at this institute. We’ll haveroundtables, brainstorming exercises,mock hearings along with panels andthe ever-popular PESI responder sys-tem will be returning.

NAELA 2000 Institute AMust-Attend Event!(continued from page 22)

In short, the PD/PM track seeks toenhance the ethicsand prosperity of at-tendees. It is de-signed to facilitatethe on-going task ofpositioning theNAELA attorney asthe premier providerof legal advocacy,guidance, and ser-vices to enhance thelives of people asthey age. The SNTtrack is designed tooffer the seasoned el-der law attorney anew opportunity to“do well by doinggood” by incorporat-ing this additionalmarketing niche ser-vice to an alreadythriving or mature elder law practice.And last, the Hot Topics track is to en-sure our ability to be the premier pro-viders of legal advocacy and guidanceto enhance the lives of people as theyage.

Please, make the pilgrimage! En-

joy the fellowshipand networkingprogramming ele-ments included torejuvenate and in-spire you. First,we’ve scheduled abreak from thecurriculum for Fri-day afternoon totake advantage ofthis world-classresort and majesticcountry. Take theGarden of theGods and CrippleCreek HistoricalTours. Breakbread with yourNAELA familyover dinner withthe Flying WRanch. TheNAELA Institute

brochure, which you should have re-ceived by now, will provide you withmore detailed information. I also en-courage you to come early and stay latewith special NAELA rates at theBroadmoor—a five diamond AAARated (highest-rating) property.

Make Plansto CelebrateNationalFamilyCaregiversMonthShare in Caring inNational FamilyCaregivers Month

More than 25 million Americansprovide unpaid, long term care to lovedones. Care giving is more than a one-person job, yet one family member mostoften carries the responsibility alone,says the National Family CaregiversAssociation.

NFCA is asking for our help to

“Share the Caring” for National FamilyCaregivers Month in November.

NAELA supports the NFCA’s effortto “Share the Caring” and recognizeNovember 2000 as National FamilyCaregivers Month. NFCA reports thatfamily caregivers provide more than 80percent of all long term health care inAmerica. Other statistics:

● Caring for an elderly relativeranks as one of the top financialworries for the 21st century;

● Family caregivers providing atleast 21 hours of weekly caresuffer from depression, sleepdeprivation, and back pain atsignificantly higher rates than therest of the population;

● Seventy-five percent of caregiversare women;

● Fifteen percent of all womenbetween the ages of 36 and 64 arefamily caregivers;

● The value of the services familycaregivers provide for “free” is es-timated to be $196 billion a year.

NFC Month is designed to:

● Raise awareness through activi-ties that will help people recog-nize and appreciate thecaregivers’ vital role in takingcare of our nation’s chronicallyill, elderly and disabled.

● Help family caregivers self-identify and increase their self-esteem.

● Increase the availability ofeducation and services for familycaregivers in communities acrossthe country.

NFCA offers suggestions for pro-grams, a media communications kit,educational materials, buttons, posters,tip sheets, and background informationfor National Family Caregivers Monthas well as education and support forfamily caregivers. NFCA has also de-veloped model services recognizingcaregivers for congregations of allfaiths.

For more information call 1-800-896-3650 or visit www.nfcacares.org.


1 6 0 4 N . C O U N T R Y C L U B R O A DT U C S O N , A Z 8 5 7 1 6 - 3 1 0 2

BULK RATEU.S. POSTAGE

PAIDTucson, ArizonaPermit No. 3178

National Academy of ElderLaw Attorneys, Inc. TM


Introducing An Eight-Hour,On Site Training Program In

Nursing Home Resident Advocacy!This program is designed for your clients and their families

who have loved ones or anticipate the need for having lovedones in long-term care nursing facility.

We will provide your clients and their families with the tools to meetthe challenging role of being a nursing home resident advocate whichwill decrease family stress, improve residents’ quality of care and life,and more!

Topics Include:● Searching for and selecting a nursing home.● Identifying good quality of care and danger signals.● Admission paperwork/Resident Rights.● Federal and state nursing home regulations.● Making a new home and life.● Plans of Care and medical charts.● Identifying problems and problem resolution.● Teaching advocates how to partnership with nursing homes.

Don’t Delay! Call Us Today!

For more information contact Joanne Bass of the Elder Law Practiceof Timothy L. Takacs at (615) 824-2571 or [email protected];or visit http://www.tn-elderlaw.com/workshop.html.

For information on NationalGuardianship Month activities in yourarea, contact Kimberly Hess at(520) 881-6561, ext. 106 or [email protected].

CelebrateNationalGuardianshipMonth

Calendar of Events · Carlton, Palm Beach, FL. For more information contact Jenifer Mowery at (520)...

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Transcript of Calendar of Events · Carlton, Palm Beach, FL. For more information contact Jenifer Mowery at (520)...