“Such costs are medical or remedial under federal law” News... · 2 NAELA News May/June 1999...

May / June 1999Volume XI ● Issue III

May / June 1999Volume XI ● Issue III

In this issue...

President’s Message ................. 6

Internet Corner ........................ 5

Peripatetic Essay .................... 12

Available Resources ................ 24

(continued on page 2)

TM

1

The Massa-chusetts SupremeJudicial Court re-cently ruled, inRudow vs. Com-missioner of Medi-cal Assistance, 429Mass. 218 (March11, 1999) that theState Medicaidprogram must paythe costs of two re-cipients’ guardian-ship costs wherethe guardians wereappointed to giveinformed consentto medical treat-ment. Attorneysfor the two elderlynursing home residents, KatherineRudow and Mary L. Perry, had arguedsuccessfully in the Superior Court thatfederal law required Medicaid to allowthem “deductions” to pay for guardian-ship costs and fees, as “medical or reme-dial expenses” where such costs had beenapproved by a judge of the Probate Court.The Supreme Judicial Court has affirmed

the SuperiorCourt’s decision.The rare triumphfor Medicaid advo-cates in Massa-chusetts’ highestcourt offers hopethat in Common-wealth, and else-where, thousandsof indigent nursinghome residents willobtain the servicesof a guardian torepresent their in-terests and protecttheir rights.

In 1991, Mrs.Rudow faced evic-tion from her nurs-

ing home because she lacked the mentalcapacity to pay her nursing home bill orto apply for Medicaid coverage. (Medic-aid pays a subsidy for about 75 percentof nursing home residents in Massachu-setts.) Since nobody was available toserve as her guardian, the Probate Court,on February 25, 1992, found Mrs. Rudowto be incompetent and it appointed At-

torney Martha Ramsey of Hyannis, tobe her guardian. Attorney Ramsey thentook action to prevent the eviction, andto assure continued medical care for Mrs.Rudow. Similarly, Mrs. Perry was hospi-talized in the Cape Cod Hospital inHyannis and, although she no longerneeded acute care, and was appropriatefor placement in a nursing home, she, too,lacked the capacity to consent to her dis-charge from the hospital or her admis-sion to a nursing home, or to apply forMedical coverage which was necessaryto help pay for her nursing home costs.Attorney Ramsey filed a guardianshippetition on behalf of Mrs. Perry’s niece,and made all the arrangements necessaryfor her to receive the appropriate medicalcare.

In both cases, once the elderlywomen’s affairs were in order, Attorney

...Mrs. Rudow facedeviction from her

nursing home becauseshe lacked the mental

capacity to pay hernursing home bill orto apply for Medicaid

coverage.

MassachusettsHighest Court Orders

Medicaid to AllowDeductions for

Guardianship Costs forNursing Home Residents:

“Such costs are medicalor remedial under federal law”

by John Ford, Esq.

2

NAELA News ● May/June 1999

Massachusetts HighestCourt Orders Medicaid toAllow Deductions forGuardianship Costs forNursing Home Residents(continued from page 1)

National Academy ofElder Law Attorneys

ARIZONAARIZONAARIZONAARIZONAARIZONASherman R. Bendalin, Esq.

Phoenix, AZ(602) 252-6033

CAROLINASCAROLINASCAROLINASCAROLINASCAROLINASDiana Armatage Johnston, CELA

Hendersonville, NC(828) 693-0811

Francelle C. Millender, CELAColumbia, SC

(803) 733-3433

NORTHERN CALIFORNIANORTHERN CALIFORNIANORTHERN CALIFORNIANORTHERN CALIFORNIANORTHERN CALIFORNIAGregory Wilcox, CELA

Berkeley, CA(510) 665-8400

SOUTHERN CALIFORNIASOUTHERN CALIFORNIASOUTHERN CALIFORNIASOUTHERN CALIFORNIASOUTHERN CALIFORNIAElizaethanne M. Angevine, Esq.

Whittier, CA(562) 464-1150

COLORADOCOLORADOCOLORADOCOLORADOCOLORADOR. L. Steenrod, Jr., Esq.

Denver, CO(303) 534-5100

FLORIDAFLORIDAFLORIDAFLORIDAFLORIDAG. Mark Shalloway, CELA

West Palm Beach, FL(561) 686-6200

ILLINOISILLINOISILLINOISILLINOISILLINOISHoward S. Berk, Esq.

Chicago, IL(312) 603-0800

KANSASKANSASKANSASKANSASKANSASKristin L. McCord, Esq.

Mission, KS(913) 831-4045

MASSACHUSETTSMASSACHUSETTSMASSACHUSETTSMASSACHUSETTSMASSACHUSETTSJohn J. Ford, Esq.

Lynn, MA(781) 599-7730

MISSOURIMISSOURIMISSOURIMISSOURIMISSOURICraig C. Reaves, CELA

Kansas City, MO(816) 756-2100

NEW JERSEYNEW JERSEYNEW JERSEYNEW JERSEYNEW JERSEYEugene Rosner, CELA

Clark, NJ(732) 382-6070

TEXASTEXASTEXASTEXASTEXASJulia E. Merkt, Esq.

El Paso, TX(915) 545-1063

WASHINGTONWASHINGTONWASHINGTONWASHINGTONWASHINGTONSean R. Bleck, Esq.

Seattle, WA(206) 340-2200

Please note that this list does not include theNAELA chapters currently in-formation.

Chapter PresidentsChapter Presidents

Ramsey obtained an order from the Pro-bate Court for payment of the court costsand her fees, at a substantially reducedhourly rate of $65, from the income of thewards. Because a Medicaid eligible nurs-ing home resident must contribute virtu-ally all of her income to the costs of hercare, the only way their income could beapplied to the guardianship costs is byMedicaid’s approval of a “deduction”from her income in computing the amounteach must contribute to the nursing homeevery month (the Patient Paid Amountor PPA).

Although Medicaid had allowedsuch deductions in the past, they weredenied to Ms. Rudow and Ms. Perry,based on informal correspondence fromthe Health Care Financing Administra-tion (HCFA), the federal agency whichoversees the state Medicaid program’soperations.

Attorney Ramsey appealed the de-nials, and sought assistance from theMassachusetts Guardianship Task Forceand the Massachusetts chapter of theNational Academy of Elder Law Attor-neys (NAELA). With help from her col-leagues, Karen Hanesian, and myself, thecases were concluded successfully whenthe Superior Court ruled in May, 1996,that the deductions should be allowed,because guardianship costs were “medi-cal or remedial costs” since the appoint-ment of a guardian was “a necessary pre-requisite” under the law in order for thereto be informed consent to the medicaltreatment which the elderly women werereceiving. In so ruling, he relied on fed-eral law at 42 U.S.C. § 139a(r)(1)(a)(i).

The Medicaid program appealed theSuperior Court decision and on March11, 1999, the Supreme Judicial Court af-firmed the decision. In its ruling the Courtsaid that Medicaid’s denial of the requestby Rudow and Perry to recognize theirguardianship cost as “necessary and re-medial care expenses” deductible for pur-poses of calculating their Patient PaidAmount is “based upon an error of lawand not in accordance with law.” TheCourt rejected the input from HCFA, say-ing, “We do not consider ourselvesbound by HCFA’s policy position par-ticularly where, as here, we conclude that

position conflicts with the controllingFederal statutory scheme.” No other statehas permitted guardianship costs to betreated as a medical or remedial expensesdeduction, largely because of a 1987 Mis-souri administrative ruling by HCFA,which the court criticized for, among otherthings, misstating federal income tax lawrelative to such costs.

The court also rejected Medicaid’sargument that nursing home residentsshould pay for their guardianship costsfrom their $60 monthly personal needs al-lowance (PNA). Some states, like RhodeIsland, have been permitted by HCFA todo so. The court said, “The PNA is toallow long term care residents to retain amodest amount of income for small itemsof a truly personal nature…..forclothing…..toiletries and other smallitems….(These) items are not analogousto guardianship costs necessitated by theincapacity of a nursing home resident toconsent to her own medically necessarytreatment.”

Advocates and sources in the Mas-sachusetts Extended Care Federation, agroup representing the long-term care in-dustry in Massachusetts, hailed the deci-sion. The group noted that many nursinghome residents have gone without guard-ians because of the lack of resources topay for the costs of guardianship proceed-ings. Volunteers and non-profit groupswho work for little or no compensationhave been unable to meet the need. Thecourt’s decision will enable the establish-ment of guardians for such residents toassure that their legal rights are protectedand that they receive appropriate andtimely medical care and treatment.

The Medicaid program will developregulations which set “reasonable” limitson such fees and costs, and a committeeof the Probate Court judges is in the pro-cess of developing forms and proceduresto implement this significant decision, todeal with proposed wards where a guard-ianship is necessary but “only in circum-stances where a guardian is essential foran incompetent……to gain access to orconsent to medial treatment”.

John J. Ford is the director of the El-der Law Project, an Older Americans Actfunded program at Neighborhood LegalServices in Lynn, Massachusetts, and ispresident of the Massachusetts chapterof NAELA, and argued the case beforethe Supreme Judicial Court on December7, 1998, with assistance from NAELAmember Martha Ramsey of Hyannis, MA.

3


Board Of DirectorsBoard Of Directors

1998-99National Academy ofElder Law Attorneys

P R E S I D E N TRebecca C. Morgan, Esq.

St. Petersburg, FL

P R E S I D E N T - E L E C TA. Frank Johns, CELA

Greensboro, NC

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

Mansfield, CT

T R E A S U R E RGeraldine E. Champion, CELA

San Luis Obispo, CA

S E C R E T A R YHoward J. Atlas, CELA

Melville, NY

P A S T P R E S I D E N TWilliam H. Overman, CELA

Alpharetta, GA

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

Laguna Hills, CA

Thomas D. Begley, Jr., CELAMoorestown, NJ

Dennis J. Christensen, Esq.Mount Pleasant, SC

Joyce M. Collins, Esq.Hyannis, MA

Lawrence E. Davidow, CELAIslandia, NY

Ronald A. Fatoullah, CELAGreat Neck, NY

Dan Kellogg, CELARenton, WA

John (Jay) F. Kearns, CELAWest Hartford, CT

Bernard A. Krooks, CELANew York, NY

Alex L. Moschella, Esq.Somerville, MA

Kate A. Mewhinney, CELAWinston-Salem, NC

Steven C. Perlis, CELAArlington Heights, IL

Charles Patrick Sabatino, Esq.Washington, D.C.

John J. Wargo, CELARacine, WI

Stuart D. Zimring, Esq.North Hollywood, CA

E X E C U T I V E D I R E C T O RLaury L. Adsit

Tucson, AZ

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

Tucson, AZ

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

Website: www.naela.org

© Copyright NAELA 1999

Articles appearing in the NAELA News may not be regarded as legal advice. Thenature of elder law practice makes it imperative that local law and practice be consultedbefore advising clients. Statements of fact and opinion are the responsibility of theauthor and do not imply an opinion or endorsement on the part of the officers ordirectors of NAELA unless otherwise specifically stated as such.

Publications Chair .......................................................... Howard J. Altas, CELA, Melville, NYCo-Editor .............................................................................. Alex L. Moschella, Somerville, MACo-Editor ......................................................... William J. Brisk, CELA, Newton Highlands, MAExecutive Director ........................................................................... Laury L. Adsit, Tucson, AZCommunications Director ................................................. Jihane K. Rohrbacker, Tucson, AZCommunications Coordinator .................................................. Carolyn A. Smith, Tucson, AZGraphic Designer ......................................................................... Kristin L. Hager, Fishers, IN

The officers electedare as follows:

PresidentA. Frank Johns, CELA, of Booth,Harrington, Johns & Toman inGreensboro, NC.

President-ElectJudith A. Stein, Esq., executive directorof the Center for Medicare Advocacyin Mansfield, CT.

Vice-PresidentHoward J. Atlas, CELA, a solepractitioner in Melville, NY.

TreasurerCharles Patrick Sabatino, Esq., of theABA Commission on the LegalProblems of the Elderly inWashington, DC.

SecretaryWilliam Browning, CELA, ofBuckingham, Doolittle & Burroughs,LLC, in Columbus, OH.

Past PresidentRebecca C. Morgan, Esq., of StetsonUniversity School of Law, inSt. Petersburg, FL.

The directors electedare as follows:

Donna R. Bashaw, CELA, of the ElderLaw Center in Laguna Hills, CA; JoyceM. Collins, Esq., of Haddleton &Collins in Hyannis, MA; John F.Kearns, III, CELA, of Kearns & Kearnsin West Hartford, CT; Bernard A.Krooks, CELA, of Littman, Krooks,Roth & Ball in New York and WhitePlains, NY; Julia E. Merkt, Esq., a solepractitioner in El Paso, TX; Julie R.Osterhout, CELA, a sole practitioner inFort Myers, FL; Mary T. SchmittSmith, CELA, of Beier Howlett, P.C.,Bloomfield Hills, MI; John J. Wargo,CELA, a sole practitioner in Racine,WI; and Stuart D. Zimring, Esq., a solepractitioner in North Hollywood, CA.

NAELA Elects 1999-2000Board of Directors

The National Academy of Elder Law Attorneys (NAELA) has announced theresults of its board of directors elections, which were held by mail-in ballots. Theresults were announced at the NAELA Symposium, May 19-23, 1999 in SanDiego, CA. Officers serve a one-year term; directors serve a two-year term.

4


So, you want your very

own website. There are

some decisions you

have to make.

Internet CornerSo You Want Your Own Website –

Tips on Getting Startedby Raymon B. Harvey, Esq.

So, you want your very own website.There are some decisions you have tomake. Do you hire a website developerto set up your site? Or, if you have somespare time and want todo it yourself, youcan purchase awebsite devel-opment pro-gram. In eithercase, you musthave an idea ofwhat you wantyour website toaccomplish. Whois your target audi-ence and what do youwant them to get from yoursite?

Do-it-yourselfers mustplan to spend a lot of time increating and maintaining theirown site. Even if you hiresomeone to run it for you, theprocess of creating and main-taining the site never reallyends. A good website shouldcontinue to evolve–visitors willnot come back if there is nothingnew to see.

A web page is basically made upof lines of code. This code causes theweb pages to be viewed in a web browser.While it is helpful to understand how thiscode works, you don’t have to know it tohave a website.

I attempted to develop a website fromscratch (http://www.state.ar.us/dhs/arkomb/Home.html). I downloaded a trialcopy of a web development program.(Lesson one, don’t use a demo programthat stops after 90 days if the project willtake 540.) I only had a general idea ofwhat I wanted to accomplish. Ninemonths and many hours later I finally gotthe site on the internet. (Lesson two, havea plan when you start.)

Everything I thought would be hardto do was easy (the code is really notcomplicated especially if you copy it fromsomeone else’s web page). Everything Ithought was easy was hard (can you say“java”). There was also the unexpected

that doubled the time involved. (Lessonthree, just because it looks good onMicrosoft’s browser doesn’t mean itlooks good on Netscape’s. (Lesson four,

most people will view your pageson a smaller screen than you

created it on.)If you want to spend

your free time developinga website, you must havethe right tools. First, pur-

chase a web devel-opment program;

make sure youget one that hasan HTML editor

as part of it.Look for one that

is intended for be-ginners. Second, obtain a

graphics program. Many webbut not all development programs

include one. Third, buy abook on HTML,

which is theu n d e r l y i n g“code” thatmakes a webpage display

in a webbrowser. Fourth,

make sure you haveb o t h Netscape and Microsoft Ex-plorer on your computer.

These are some tips I learned alongthe way that may helpyou in your quest forthe perfect website andmost of them don’t re-quire you to have tech-nical understanding.They are my top 10suggestions on whatcan help promote yourelder law practice.

1. Have a copyof yourcurrentnewsletterand firm brochures availableto read and download.Provide written summaries ofcurrent elder law issues.

2. Have your biographicalprofiles and firm contactinformation easy to find andread. Have directions to youroffice available as well as amap. Beware of overusing toomany or very large graphics.Large graphics are slow to loadso many people turn off thatfeature on their web browser.Using a great firm logo will nothelp if a visitor to the sitecannot view the graphic.

3. Use an interactive bulletinboard for questions andanswers. Responding toquestions every one to twoweeks provides visitors withfresh and current information.

4. Use an e-mail list and have away for visitors to subscribe.This can be a great marketingtool and can be used along withyour newsletter.

5. Promote your firm with a goodfirm history. It can give visitorsa good impression about youand how you approach yourpractice.

6. Seek consistency with theappearance of your website. Agood appearance along with asolid presentation of informa-tion educates prospectiveclients about you and yourfirm.

7. Use your “home” page and“meta” tags effectively. The

big searchengines likeYahoo andAltaVista usethe homepage andmeta tags tofind informa-tion. Metatags are partof the hiddencode con-tained on a

web page. Their key words areread by Yahoo and others whenthey search the internet. After


5


Internet Corner(continued from page 4)

Letters to the Editor

Dear Mr. Brisk and Mr. Moshcella:

I read the article in the February, 1999 issue of the NAELA News in which youreviewed the AARP Legal Services Network program. I am presently being re-viewed for consideration in the Legal Services Network. One of my concerns is thecost to participate and the number of attorneys in my specific geographic area thatwill be recommended. The attorney must pay for advertisement in the Yellow pagesin the amount of $291 and an annual participation fee of $1,000 and an initial appli-cation fee of $20. The fees the attorney is permitted to charge AARP seniors doesnot reflect the region of the country the attorney practices. For instance, my practiceis on Long Island, NY. The cost of running a practice must be higher than otherparts of the country, yet I am only allowed to charge the same rates as the rest of thecountry. I do, however, look forward to servicing more seniors, but I also need toearn a living.

Just a few comments to think about.

Bryan Frankel, NAELA Member

●●●

Dear Bill and Alex:

Thank you for your thoughtful letter in connection with the latest issue of theNAELA News and the peripatetic essay. I’m very appreciative.

In reading the editors note on page one of the NAELA News with regard toAARP and its program designed to provide legal services to elders, on May 27,1998, I wrote to Sally Hurme. I also discussed this issue with her by phone; ofcourse, it did no good and I had no expectation that it would. I think highly of SallyHurme. She is no longer in charge of that area for AARP and the decision by AARPwas already firmly made.

Several years ago when the program was initiated, there was a discussion aboutthis at the American College of Trust and Estate Counsel. No member was willingto have their name appear on an AARP ad, although every ACTEC member withwhom I’ve discussed the problem, has affirmed that they prepare wills and otherdocuments necessary for those who are unable to pay as a pro bono project. This ismy understanding of what we do in NAELA, as well.

Continued best personal regards,

Clifton B. Kruse, Jr.

all, you want to show up on asearch as number one insteadof number 500,000.

8. Add search capabilities toyour website. This is especiallyuseful if your site contains a lotof information such as articlesand newsletters.

9. Own and register yourdomain name. A domainname is a short phrase orabbreviation which describesyour practice or firm on theinternet. A good domain namemakes it easier for your site tobe remembered(DeweyCheethamandHowe.comfor example) It makes chang-ing web developers and internetservice providers (ISPs) easierdown the road. A good domainname can make a site stand out.

There is a good websitespecifically designed to searchfor available names(GetDomain.com). Eachorganization on the Internetmust have a unique domainname. If the one you want is notavailable, you must chooseanother. Once chosen, a smallregistration fee must be paideach year. Your domain namemust then be activated–this iscalled Domain Hosting and isobtained through a web hostingcompany. The cost for thisservice depends upon severalfactors, such as the space yoursite requires and the number ofe-mail accounts you use.

10. Promote your URL on yourbusiness cards andletterhead. Make sure it getspublished in conferencematerials. URL stands forUniversal Resource Locator.That’s just a fancy way ofsaying “the address of aweb page.”

Raymon Harvey practices elder law inLittle Rock, AK.

6


President’s MessageReflections on a Year Fast Past, Fond

Farewells, and Many Thanksby Rebecca C. Morgan, Esq.

Rebecca C. Morgan

Editor’s Note: Portionsof this article were presentedas part of the President’sspeech at the 11th annualSymposium in San Diego.

Recently returned fromSan Diego and NAELA’s 11th

Symposium, I write my finalcolumn as president. As I toldthe members in San Diego, ayear ago I stood beforeNAELA members at the sym-posium in the Bahamas to give my speechas the incoming president. I was nervous-—the election of officers had not yet oc-curred, and even though I ascended tothe office of the president by virtue ofbeing president-elect, I still was worried—what if it went poorly? Yet, this time, asthe outgoing president, I was even morenervous than the year past. In my year aspresident, I had many conversations withmany members, so now, here I was in SanDiego, speaking to 300 of my closestfriends! I recalled the advice I had beengiven a year ago—by my students, to bebrief, by Lawrence Davidow, the sympo-sium chair, to be entertaining, and by myhusband, to speak from my heart. I at-tempted to follow that good advice in myfinal address and do so again in this finalcolumn as I talk about the past, thepresent and the fu-ture of NAELA.

The PastIt is important

to acknowledge thepast, for the pastled us to ourpresent and chartsour path for our fu-ture. Last Novem-ber we celebratedthe Academy’stenth anniversary.We would not behere today without the foresight, the ef-forts, and the good sense of that groupof individuals fondly referred to as “bluedots,” encouraged and aided by NancyColeman of the ABA Commission on the

Elderly, who banded togetherand created NAELA. Wemust honor the past in orderto build the future. To thepast presidents and ourfounders—thank you, for weare where we are today bybuilding on what you createdand entrusted to us.

The PresentThis past year has been

very active. On the publicpolicy front, the committee co-chaired byRon Fatoullah and Emily Starr has beenpositioning NAELA on a number of im-portant issues, including the Work Incen-tives Bill, SSI reform, OAA reauthoriza-tion, legal services funding, block grants,and more, while a number of our membersmade contacts with their elected repre-sentatives locally and in D.C. The com-mittee developed public policy guide-lines, priorities and talking points, sched-uled public policy forums at every sym-posium and institute and refined a sys-tem for the organization to deal with pub-lic policy issues. By becoming a memberof the Leadership Council on Aging,NAELA joined the ranks of the “heavy-hitter” aging organizations, giving us avoice in and a coalition for significantaging issues.

Many of uswatched carefullythe government asthey responded toNYSBA v. Reno.Rene Reixach andBernie Krooks,New York NAELAmembers, helpedus greatly in sup-porting the NewYork State Bar’s ef-forts. Bill Brown-ing, chair of theamicus committee,

like any good lawyer, worked long andhard many evenings and weekends craft-ing NAELA’s amicus brief, and afterhours of work, learned that the govern-ment had dropped its appeal. We’ve also

been watching Grijalva v. Shalala and inearly May, the Supreme Court grantedcert., vacated the decision and remandedthe case to the 9th Circuit. So Bill, aboutthat free time you thought you had...

This year NAELA worked on ex-panding member communications, withsemi-annual chapter presidents’ break-fast meetings, monthly updates to thechapters, and a plan for managing infor-mation and technology. The programscommittee, chaired by Lawrence Davidow,surveyed prior program chairs to get theirthoughts and recommendations on pro-gramming, and developed a plan to im-prove the programs. They also have cho-sen the sites for future programs for thenext five years. Many, many thanks go toBernie Krooks, who chaired lastNovember’s institute and Stu Zimring,who chaired this symposium, for thegreat programs during my term!

One of the very popular phrasesthese days is “it’s not about you.” How-ever, in NAELA, the opposite is true. Asfar as the executive committee and theboard of directors are concerned, it isabout you. The board of directors workshard for you. We want to know how youthink we are doing and what we need todo better. We are here for you.

The FutureLast May, I spoke of how when I

started in this field of law, people wouldask “Elder law, that’s the law for old at-torneys” and mean it with all seriousness.In January, in the Tenth Anniversary is-sue of the Quarterly, I wrote about myviews of the future of elder law, predict-ing a strong and healthy forecast with-out the aid of a crystal ball. I walk awayfrom this year even more certain that thepractice of elder law will continue to grow.Look at the sheer demographics of thepopulation, the health care system, thefact we are living longer. Many books arebeing written about aging-how to livelonger, how to plan, how to interact withyour aging parents. Newspaper articles,magazine articles, television stories allfocusing on aging issues are becomingcommonplace. Attorneys in other prac-tice areas are fielding questions from theirclients on elder law issues. Elder law hasnot only come of age, it has become arecognized part of the legal professionand elder law attorneys play a crucial rolein assuring quality of life for those cli-ents and their families.

Reflecting back—whethernow or 100 years from

now—NAELA’s historywill be written as attorneyswho care and who act fortheir clients’ greater good.


7


But what of the future-what will thepractice of law, as well as the practice ofelder law-look like in five years, 10 years,or more? How do we reconcile the busi-ness of law with the profession of law?The image of lawyers is tarnished-it is afad to lawyer-bash-even by our own cli-ents—who may love us until they do notget the desired outcome. Yet who is thefirst person they call when they are introuble? Their lawyers. NAELA is work-ing on these issues-with the multi-disci-plinary task force led by Alex Moschella,the Professionalism Task Force led byClifton Kruse and myself, and the LTCtask force led by Tom Begley andHoward Atlas. NAELA is working to bevisionary, proactive, practical and serveyou and your practices better.

Why else will elder law grow as adiscipline? Because of you. As a group,you do this work because you care andyou want to help people. The world seemsa little bit mean these days, with lots ofterrible tragedies at homeand abroad, and to know agroup of people who care,who use their legal trainingand skills to help people withtheir problems and to helpthem have a better quality oflife is to inspire faith andhope that we can make a dif-ference. Last year, I de-scribed elder law attorneysas caring, committed profes-sionals, advocates, believers,with can-do attitudes, enthu-siastic, ethical, and—mem-bers of NAELA. In getting toknow more of you this year,I know I am right. When Ithink of you, I think of peoplewho are making a difference,every day, making someone’slife better, using the justice system forits higher purpose.

Reflecting back—whether now or 100years from now—NAELA’s history willbe written as attorneys who care and whoact for their clients’ greater good. We cannot succeed in this endeavor as individu-als, but only when we work together. Ithank the staff and the board for their hardwork, as well as the committees and taskforces. A special thanks to my husband. Iapplaud you for all that you do, day inand day out, and I thank you for the privi-lege you have given me this past year.

Florida ChapterMoves Forward

by John Staunton, Esq.

As NAELA’s Florida Chapter approaches the installation of its new offic-ers in June, members are pleased that the chapter continues to move forwardwith increased activity and a rejuvenated sense of purpose. Over the pastyear, the Florida Academy of Elder Law Attorneys (AFELA) has realized sev-eral notable goals in its effort to expand services and value to its members.For example, AFELA sponsored a very successful state Unprogram duringthe month of December in conjunction with the Elder Law Section of theFlorida Bar. Julie Osterhout and Joan Nelson Hook put together an effec-tive and well attended one-day program in Ft. Myers.

The chapter also sponsored a series of programs across the state for Na-tional Elder Law Month. The programs were clearly made more effective dueto the support of NALEA staff member, Jihane Rohrbacker. With Ms.Rohrbacker’s help, AFELA was able to offer material and support to indi-vidual members who wanted to present local AFLEA sponsored events. Indi-vidual members who presented programs included, Rebecca Berg, JerryColen, Joan Hook, Sherri Kerney, Julie Osterhout, Ray Parri, MichaelPyle, Julie Saig, Elaine Schwartz, Mark Shalloway, Jerry Solkoff, MikeTrombley, and Lauchlin Waldoch. Also in conjunction with National ElderLaw Month, AFLEA was successful in having the state governor, Jeb Bush,

issue a proclamationdeclaring May as ElderLaw Month throughoutFlorida.

Fifteen chaptermembers came to-gether in April for an“AFELA Boot Camp.”Members met withNAELA Executive Di-rector Laury Adsit andoutgoing NAELAPresident RebeccaMorgan for a two-dayintensive workshop de-signed to develop astrong identity andmission for AFELA.The effort was re-warded with a concreteagenda that contains avariety of advocacyprograms, legislativeprograms, and educa-tional programs forboth AFELA membersand the public. Mem-

bers also created committees to carry out these programs and devised realistictime lines for keeping everything on track.

Building on what it achieved in the past year, AFELA is planning onfurther growth and renewed success in providing value to its members and tothe community which its members serve.

President’s Message(continued from page 6)

From left to right are: Ray Parri, Jerry Colen, NAELAPresident Rebecca Morgan, and AFELA Elder Law Pro-gram Chair, John Staunton. They are pictured at aSenior Center in St. Petersburg, Florida, where Jerryand Ray spoke for National Elder Law Month.

8


1998 Was a Very Fine Year!by Laury L. Adsit, Executive Director

As with good wines, as-sociations are stronger andhealthier in some years morethan others. NAELA was for-tunate to celebrate it’s tenthyear of existence with a strongyear, its largest membership,many solid services and an ex-ceptionally dedicated leader-ship.

Nineteen ninety eightsaw NAELA membershipswell to more than 3,700 attorneys andour committee, subcommittee and taskforce structure soar from 16 to 35! Witha $1.2 million dollar budget, five activespecial interest groups, 13 chapters, anda public policy structure designed tomonitor all legislative efforts that affectthe elderly, the ground-work was laid.

Becky Morgantook the presiden-tial reigns from BillOverman on June1st and hit the pave-ment running. Ifyou’ve had thepleasure of workingwith Becky, youknow that sheepitomizes the truesense of “servantleadership.” Shewelcomed all newmembers (over 500of them) with per-sonal notes, shedesigned programsto make new attend-ees at our meetingsfeel welcome, sheopened her mind,her ears and herthoughts to allNAELA members,and representedNAELA with a flairof professionalismlike no other presi-dent. She even in-sisted on providing

“tokens of her appreciation”(her own design and her ownexpense) for all board mem-bers at each meeting andended every conversationwith staff with, “And what canI do for you, today?” Her en-thusiasm was boundless(even through the flu, a coupleof hurricanes, all those travel“challenges.” Her energy forNAELA was never ending

and her interest in working for NAELAwas truly amazing. Much of our successin the last year is directly attributable toBecky! She will definitely be a tough actto follow (we’re pulling for you, Frank.)And our first “first man” was a trueprince. Jay Morgan was always willingto be our errand guy, to schlep materials

around and to of-fer an encouragingword. We truly didget “two for theprice of one” withthis president!

While 1998was a slow legisla-tive year overall,NAELA cel-ebrated with theruling against theconstitutionalityof the “GrannyGoes to Jail Bill”…s u b s e q u e n t l yknown as “TheGranny’s Attor-ney Goes to JailBill.” NAELA tookadvantage of thislull in the legisla-tive process to getits resolutions up-to-date to guideour efforts and toget six subcom-mittees up andrunning to addressissues in eachsubstantive area

NAELA covers.The 10th Anniversary of NAELA

was celebrated at the 1998 symposiumand institute, respectively, held in Mayin the Bahamas and in November inWashington, DC and with the 10th Anni-versary Edition of the NAELA Quarterly.At the July board retreat, the board de-cided it was time to raise membershipdues and to begin providing concen-trated efforts to taut the skills and exper-tise of elder law attorneys, to explain howelder law is different from other areas ofthe law, and to generally raise the imageof the profession. Three new task forcesemerged in October: theMultidisciplinary Practice and AncillaryServices Task Force; the Professionlismand Ethics Task Force, and the Long TermCare Task Force.

NAELA partnered with the NationalElder Law Foundation (NELF) and theCorporation for Long Term Care Certifi-cation (CLTCC) to undertake developinga credential for long term care insuranceagents in addition to NELF’s own CELAdesignation for elder law attorneys. TheRedesign Program, founded in 1998, as-sisted members in taking a critical lookat their practices in light of the emergenceof focused future issues….from thosewho are already doing it.

NAELA also stepped up its effortsto interact with consumers of elder lawservices. For the first time ever, consum-ers could purchase a geographical direc-tory of elder law attorneys or receive onefor free on the NAELA WebSite. TheNAELA WebSite also hosts a great dealof information about how and why onewould seek an elder law attorney. Wealso saw a proliferation of our e-mail listswith over 600 attorneys subscribing tothe main NAELA list. The leadershipwas and continues to be dedicated toutilizing technology in ways to enhancemember services and communications.

We ended 1998 with 12 NAELAchapters providing locally-based ser-vices for NAELA members. Areas withNAELA chapters grew faster in member-ship than non-chaptered areas as chap-ters enhanced the products and servicesprovided by NAELA and encouragedtheir leaders and members to get moreinvolved on the national level.

Nineteenninety eight

sawNAELA’s

membershipswell to morethan 3,700

attorneys andour

committee,subcommittee

and taskforce

structuresoar from 16

to 35!

Laury L. Adsit

9


The NAELA Treasurer is responsible for assuringthat board approved financial management policies andprocedures and record keeping practices are followed.The treasurer chairs the finance committee and reportson the financial condition of NAELA on a quarterlybasis to the board of directors, and at such other timesas may be requested by the NAELA Board or the Ex-ecutive Committee. The treasurer assures all govern-ment required filings are properly completed and sub-mitted in a timely fashion, and works with the NAELAstaff to develop the annual budget. The NAELA bud-get has grown from $300,000 in 1990 to over $1,200,000in 1998. A recap of last year’s income and expenses isillustrated on the charts below.

NAELA Statement ofFinancial Position for 1998

Assets

Cash 145,537.04Inventory 8668.75Note Receivable 23,793.85

Total AssetsTotal AssetsTotal AssetsTotal AssetsTotal Assets 177,999.64177,999.64177,999.64177,999.64177,999.64

Liabilities and Equity

LiabilitiesLiabilitiesLiabilitiesLiabilitiesLiabilitiesChapter Dues Payable 9,810.00Total LiabilitiesTotal LiabilitiesTotal LiabilitiesTotal LiabilitiesTotal Liabilities 9,810.00 9,810.00 9,810.00 9,810.00 9,810.00

EquityEquityEquityEquityEquityRestricted 52,600.00Unrestricted 115,589.64Total EquityTotal EquityTotal EquityTotal EquityTotal Equity 168,189.64168,189.64168,189.64168,189.64168,189.64

Total Liabilities and EquityTotal Liabilities and EquityTotal Liabilities and EquityTotal Liabilities and EquityTotal Liabilities and Equity 177,999.64177,999.64177,999.64177,999.64177,999.64

Income

Expenses

51.15%Membership Dues

33.4%CLE/Programs

1.71%Publications

2.03%Materials

8.68%SIGS/Experience

Registry

3.03%Other Income

30.7%Administrative /

Overhead

36.03%Member Activities /

Services

27.14%CLE / Programs

6.13%Publications

10


NAELA ChaptersAnnounce Outstanding

Member of the Year AwardsRecipients of the National Academy

of Elder Law Attorneys “OutstandingMember of the Year” awards were an-nounced at the Academy’s Symposiumon Elder Law held May 19-23, 1999 in SanDiego, CA.

Arizona ChapterSally Hart, Esq.A graduate of Stanford University, Ms.Hart was the recipient of the DisabilityRights Award in 1998. She is the authorof numerous articles concerning the Medi-care program and is a frequent speakeron health law. She serves as counsel tothe Medicare Advocacy Center, Inc. andfocuses her practice on health care, fed-eral litigation, probate and guardianship.

Southern CaliforniaChapterAnn L. Melfi, Esq.A graduate of the University of San Di-ego, Ms. Melfi received her law degreefrom Irvine University School of Law andhas been practicing law for 20 years. Sheis the past chair of the Southern Califor-nia Chapter of NAELA and is the co-au-thor of California Durable Powers ofAttorney.

Northern CaliforniaChapterRuth E. Ratzlaff, CELAMs. Ratzlaff is a Certified Elder Law At-torney by the National Elder Law Foun-dation as approved by the State Bar ofCalifornia Board of Legal Specialization.An active member of NAELA, she hasserved as chair of the NAELA Innova-tive Member Services Committee.

Florida ChapterG. Mark Shalloway, CELAMark Shalloway serves as president ofNAELA’s Florida Chapter and chairmanof the Florida Bar Elder Law SectionHealth Care Decision Making Committee.He is the founding chairperson of the PalmBeach County Bar Association’s ElderLaw Committee and was appointed by thelate Governor Chiles to serve as the attor-ney for the Long-Term Ombudsman Coun-cil for Palm Beach, Martin, St. Lucie, In-dian River and Okeechobee Counties. He

is certified as an Elder Law Attorney bythe National Elder Law Foundation.

Illinois ChapterSteve Perlis, CELAMr. Perlis was chief counsel to the Officeof State Guardian for Illinois and servedas supervising attorney for Title III OlderAmericans Program in Chicago from 1982-1989. He is the past president of the Illi-nois Chapter of NAELA and is a contrib-uting author to the NAELA News. A Cer-tified Elder Law Attorney by the NationalElder Law Foundation, Mr. Perlis hasbeen a speaker and moderator at variousIllinois CE programs as well as a speakerat NAELA symposia and institutes. Inaddition, he served as chair of theNAELA Guardianship/Capacity SpecialInterest Group and as a subcommitteechair for the NAELA Public PolicyCommittee.

Massachusetts ChapterSusan H. Levin, Esq.Susan Levin practices exclusively in el-der and disability law and estate plan-

ning. She is a board member and co-chairof the public policy committee of theNAELA Massachusetts Chapter.

Missouri ChapterJoan Corderman, CELAJoan Corderman received her law degreefrom St. Louis University School of law andis past president of NAELA’s MissouriChapter. She currently serves on theAlzheimer’s Association’s “Ask the Attor-ney” program and public policy committeeand is a Certified Elder Law Attorney bythe National Elder Law Foundation.

Texas ChapterBruce Bower, Esq.Bruce Bower received his law degree fromNotre Dame University and is a member ofthe bar in Texas, Wisconsin, Illinois andAlabama. He currently chairs the TexasSenior Advocacy Coalition.

Washington ChapterBruce D. PinkertonBruce Pinkerton received his law degreefrom Lewish & Clark Law School in Port-land, OR in 1982. He is a sole practitioneremphasizing elder law and estate planningin a rural farm town in Eastern Washing-ton. In addition to his elder law practice,he represents all the abused and neglectedchildren in the county and acts as a hear-ings officer for five surrounding cities.

Technology & PracticeManagement Consulting

Wondering how to use technologyto better manage your elder law practice?

GET ADVICE FROM PRACTICING ELDER LAW ATTORNEYS!

Services include on-site evaluation of your technology needs,management structure, and recommendations that will

result in a more productive practice. See results instantly.

Don’t delay – contact us today!Robert B. Fleming, CELA ● 520/622-0400

[email protected]

Timothy L. Takacs, CELA ● 615/[email protected]

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

11


Allan D. Bogutz, CELA –1999 NAELA Theresa

Award RecipientAllan Bogutz, CELA, was recognized

by The Theresa Alessandra Russo Foun-dation and the National Academy of El-der Law Attorneys with the presentationof the Fifth Annual Theresa Award at theTheresa Foundation Dinner Dance onApril 30, in New York City. Allan followsa strong line of past NAELA recipients:Ira Wiesner, CELA; Frank Johns,CELA; Scott Severns, CELA; and DonnaBashaw, CELA.

The Theresa Award is presented an-nually to a NAELA mem-ber in recognition of hisor her services in the com-munity in assisting dis-abled individuals achievea better quality of life bypreserving their rightsand dignity.

A former NAELAPresident, public fiduciaryand Peace Corps volun-teer, elder law attorneyAllan Bogutz believesstrongly in the lessons hehas learned from workingwith the elderly andpeople with disabilities.His commitment to sup-porting and advocatingon behalf of people deal-ing with adversity has en-riched his life, both per-sonally and profession-ally.

A senior partner inthe Tucson, Arizona Law firm of Bogutz& Gordon, Allan also serves as guardianand conservator for many people of allages, a number of whom are very youngchildren with disabilities. His ability toconnect with both young children andthe elderly has influenced Allan’s careerand he proudly accepts the TheresaAward as recognizing the important valuein helping all people with special needs.

“Receiving this award is a greathonor for me,” said Allan. “The bestaward is the one that is given from anorganization that one truly respects, suchas the Theresa Foundation, a programwhich is truly a celebration of Theresa’slife and that focuses energy on doing

good and improving the lives of others.”Allan is the proud father of Alissa,

20, a student at Arizona State University,and Aaron, 14. His wife, Charlene, hastwo children–Robin 13, and JooNam, 26.Allan and Chary, who maintain twohomes–one in Tucson and the other inVictoria, British Columbia, enjoy spend-ing family time with the younger childrenwho are still living at home by exploringthe outdoors, reading and doing a lot oftraveling.

Reading has always been importantto Allan and his family. Carving out timefrom his busy law practice to read withhis children was a daily ritual from thetime his children were infants until theirteens. His support of the “Reach Out andRead” at El Rio Neighborhood HealthCenter’s Pediatric Clinic, recipient of thisyear’s grant, further demonstrates hisbelief in the value of reading–as a meansof communicating, learning and sharingfor people of all ages and with differentabilities. The program provides youngchildren with appropriate books and mod-els reading behaviors for their parents atthe Center and then gives the childrennew books to take home with them.

Calendar of EventsCalendar of Events

July 18-21, 1999Eighth National Alzheimer’sDisease Education Conference,“Diversity in Caregiving:Exploring Possibilities,” LongBeach Convention Center, LongBeach, CA. Contact NicoleHeller (312) 335-4037.

October 9-13, 1999The National GuardianshipAssociation’s Annual Confer-ence, “NGA Leading the Way:Ethics in Guardianship, 2000and Beyond,” Chicago, IL at theHoliday Inn City Center.Contact Jenifer Mowery at (520)881-6561, ext. 114 or by e-mail [email protected].

October 21-24, 1999National Association ofProfessional Geriatric CareManagers’ Annual Conference,“Re-Weaving the Fabric of Care:New Teams, Options andPartners,” U.S. Grant Hotel, SanDiego, CA. Contact JeniferMowery (520) 881-8008, ext. 114or [email protected].

November 11-14, 1999The National Academy ofElder Law Attorneys’1999 Advanced ElderLaw Institute, “The NextMillennium of Service:Sharpening the CuttingEdge,” Hyatt RegencyO’Hare, Chicago, IL.Contact Jenifer Mowery(520) 881-4005, ext. 114,or [email protected].

Allan Bogutz, CELA, receives the 1999 NAELA Theresa Award

12


Something is wronghere, I knew. Thisisn’t normal. I wasworried about theColonel’s health.


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

It’s All My Money!by Clifton B. Kruse, Jr., Esq.

© Clifton B. Kruse, Jr.

Clifton B. Kruse, Jr.

“It’s all mymoney!” Herstatement wasmade with em-phasis. Shemeant it, andanyone chal-lenging her opin-ion, including herhusband, it wasclear, would bemet with morethan mild argu-ment.

“And what do you own?” I askedher solemn and docile husband.

“He spent his!” She answered forhim. The Colonel made no reply. He waspo-faced. He didn’t resist his wife’s as-sessment about ownership. But whyshould he? This isn’t a conference aboutmarriage termination. The couple, mar-ried nearly 60 years, were updating theirwills. “It’s all my money,” was Mrs.Peabody’s response to the lawyer’s ques-tion, “What do you two own?”

One million! That was the total ofthe long list of numerous accounts, a fewpayable on death to the couple’s children,but the majority of the money this pairhad saved were in the Mrs. accounts–her name alone, to be ultimately distrib-uted by the terms of her will.

She was a short, podgy lady, theColonel’s wife; her pretty hair swept up-ward on the sides and back made her looktaller than she actually was. She was well-dressed and she wore high heels. Theylooked new. This meeting with the law-yer was obviously an important occasionfor them.

Mrs. Peabody’s husband was quiet,his complexion rather gray–not a health-ful sign. He appeared tired, energyless,and any verbal reply from him was ex-travasated. I had to specifically addresshim. His replies had to be forced, andeven then, his wife would intervene andanswer for him, or confirm or challengewhat he had to say.

This was a curious, antipodeancouple. He quietly tolerated what ap-peared to be visceral control of this

couples’ decision-making by his wife, andoffered no resistance, even when I spokedirectly to him and asked, “Do you agree?”This union had two parties but one hadno voice. The Colonel was definitely alimited partner in his relationship with hiswife.

“One million–all in your name,” I said,looking at the Colonel’s wife. “Interestedin saving some estate tax?” She was, al-though she looked quizzically at me–which I understood to mean, “Don’t messwith my money.” I explained how the as-sets could be divided so that there wouldbe no estate tax until the survivor of themdied and in all probability, none then, ei-ther. The division of their assets to createthis savings didn’t even need to be equal.She could control 60 percent and he 40,and that percentage could change eachyear as the increased federal estate taxexemption rose.

“That’s hardly fair,” she respondedwhen I drew out on paper a diagram ofhow the savingscould be very simplyand economically ac-complished, but itsownership could nolonger be solitary, nolonger exclusivelyhers. She would haveto share. “It’s all mymoney. He spenthis,” was her re-sponse to the tax-saving diagram.“What did he spendit on?” I asked. As itturned out, he paid the bills normally andnaturally incurred by families–rent, utili-ties, family cars, furnishings, the kids’schooling, food, family vacations. Therewas nothing singularly personal on herlist of what I thought might be extrava-gances benefitting him alone. All of thepaychecks not spent in this way, Mrs.Peabody had at some point transferredinto her personal savings accounts. Shehad them scattered out all over the cityand a big one at the Ft. Sam Houston

Bank, a mainstay financial institution forall retired military officers and theirspouses. The accounts were all in hername alone and they now totaled one mil-lion dollars. Some saver the Colonel’swife, if she in fact accomplished this featalone. There had to be some inheritance,but the source of this wealth was unim-portant. She was convinced that what-ever its source–it was hers.

“The federal estate tax will be$150,000, actually $153,800 this year on amillion dollars,” I explained to her again,but she changed the subject. “Mybreakfront,” she said, “it’s full to the hilt.”

“Filled with what?” I asked.“Well, china and silver. I have a large

punch bowl with cups that hang on theside, several sets of china and flatware.And I have jewelry,” (but probably not inthe breakfront, I quietly surmised).

“Okay,” I said, “then the tax will behigher. Thirty-seven percent minimumtimes the value of your personal items.What are they worth?”

“Lots,” she answered. Tax at deathwas apparently not a sufficient reason inher mind to title the one million in sepa-rate investment accounts–some in hers,some in his.

Something is wrong here, I knew.This isn’t normal. I was worried aboutthe Colonel’s health. His graying facial

color is unnatu-ral, and my friendis nearing 80.Could the gray-ness mean lackof oxygen andheart problems, Iwondered, so Iasked.

“ H o w ’ syour health,Colonel?” Ilooked directly athim.

“He’s fine,”his wife too quickly answered. “Andyours, Mrs. P, your health, how is it?”

“There’s nothing wrong with me.”But she didn’t say - either, “There’s noth-ing wrong with me - either.” It appearedto me that Mrs. P’s responding to all ques-tions asked of them–even those askeddirectly and solely of her husband–wasprotective of him because he was declin-ing. Mrs. P might not even be aware ofher guardian-like behavior.

13


It’s All My Money(continued from page 12)

Could it be that she is anticipatinghis death and this is why the assets areall now alone in her name–much if not allof the family’s resources transferred intoher separate accounts only recently be-cause she is anticipating his death, sim-plifying the estate, eliminating joint ac-counts, assuming that this is a way ofavoiding probate, something, perhaps,she believes she must, for unknown rea-sons, do.

“How long have the assets been inyour name alone?” I asked, looking nowat Mrs. Peabody. “I don’t know.” Therewas a long pause - “a while,” she finallysaid unconvincingly.

Confirmed! Her homemade estateplan is in operation: put all assets in thename of the survivor before she becomesthat–before she becomes the grievingwidow. And she’s in her lawyer’s officenow to receive his blessing. She wantsto hear “all is well, my child,” confirma-tion that what she’s done is okay.

“When was your last physical, Colo-nel?” They both answered, a chorus witheach speaking different words, but themeaning was the same–it had been a longtime.

“How long have we known eachother? Do you remember?” Mrs. Preached into her satchel and pulled outtheir first wills. I had done them 30 yearsago. They were simple wills, no trusts,“John loves Mary” type documents, leav-ing everything to each other, alterna-tively to their children. “Did I really draftthese things?” I wondered. They wereawful, or at best not very good, writtenon 14-inch long paper, filled with lawyers’words. The wills began, “Know All MenBy These Presents . . . “ The first letterof each word in this prelude was capital-ized, affirming in this more enlightenedage the sexism of the 1960s, and uncom-fortably, perhaps an unconscious biasof the drafter of the documents in thatage as well.

“Thirty years ago–that’s when wefirst met? But I’ve written your wills sincethen, several times.”

“Yes,” the Colonel spoke again,softly, effortfully, “and we’ve savedthem–all of them.” They were in thesatchel, too, a series of documents writ-ten over our long history. Folded andheld together by large rubber bands,Mrs. Peabody laid them on the table. Ileft them where they lay. These docu-

ments were not important. They were nolonger relevant to this couple’s needs.

I put my hands on Mrs. P’s hands.She had them clasped on the table.

I spoke to them both. “Will you twodo a favor for me?”

They didn’t answer, just looked at me.Their look, particularly the Colonel’s, was,“of course; tell us what it is.” “Before youreturn for a second visit here–which you’llneed to do, the hour’s up and I know thatthis conversation has been tiring–getphysicals. Get checked out. You can dothis at Ft. Carson, can’t you?” Carson isthe local army base and in the ColoradoSprings community retirees form a steadystream on the state highway leading to itshealth care facilities and pharmacy. I re-moved my grip on Mrs. P’s hands. I lookedat her unlively and vimless husband. I wasblunt. “Colonel, I don’t like your color.Your cheeks aren’t rosy. Will you do thisfor me? And do it for your two daughtersalso, and for each other. Then come back.Your planning problems are relativelysimple. We can fix up your legal stuff inshort order. Okay?”

“Okay,” they both agreed, and therewas at least moderate enthusiasm in theirvoices. “We will.”

I watched them leave, hanging on toeach other, shuffling a bit, taking short,unquick steps; their feet weren’t lifted morethan a few millimeters from the floor, invit-ing any loose rug edge to cause a fall. Butthey made it to the elevator and we saidour goodbyes there, again. I wondered,then, if I’d done the right thing. I’m not aphysician. Was this suggestion–get physi-cals–an invasion of their privacy? ShouldI have said, “Your cheeks aren’t rosy?” Ismy job to do as I’m told–write wills theway the clients direct after the options areexplained to them and any conflicts I have,disclosed? Am I to assume that the earnedincome is not “all my money,” when I getno argument from the companion-spouse?Is my role scrivener alone?

● ● ●

About a year ago another client madean appointment for a review of her will. I’dknown her for a long time also. She was arealtor and sold the first home that my wifeand I built in Stratmoor Hills, a subdivisionin the highlands of southwest ColoradoSprings when we moved from there. Shewas a Christian Scientist and had been amember of the Colorado Springs ChristianScience church nearly all of her life. Sel-dom ill, she consulted a journaled practi-tioner when health care was an issue. On

her most recent visit, however, she worea high-necked blouse, up to her chin, simi-lar to a turtle-neck sweater, but even thiscould not hide the massive swelling onone side and on the entire front of herneck. This distortion made her nearlyunrecognizable to me. On her left cheekwas a black and red swollen area, the sizeof a half-dime. A pinkish shade of redencircled the melanoma in strong con-trast to her pale cheeks. The discolora-tion was the size of a half-dollar.

She didn’t mention her appearancenor any illness. My instructions were torevise her will, include her son, her onlychild, as beneficiary. Finally, after 30years of wills, each one affirming his dis-inheritance, he was now to be included,the principal beneficiary. Her peace withhim near in time to her unspoken butstoic recognition of her own mortality wasfinally accomplished.

I rewrote her will, never mentioningher clearly apparent tumor and the neonmelanoma beneath her eye.

What is my responsibility, I won-dered, in this case, also. I called a physi-cian, a friend of mine, the local coroner.“She’s dead,” he replied, when I de-scribed her appearance to him. “It’s toolate to help her. She’ll eventually choketo death unless she dies sooner. Theepithelial carcinoma can’t be reversednow. She’s in the end-stage.”

It’s easy, of course, to make such aconclusion on the phone with a facelesspatient and no one around who can over-hear. It was unpleasant, but direct, clear,concise passing of information from oneprofessional to another. “Your client’sdead.” But what if, I wondered, the ill-ness wasn’t at end-stage yet–perhapsjust the reddish-black facial melanoma ap-pearing, no swollen tumor. Should I in-quire then, urge my client to see some-one about the preface to a tump, thegrowth that will follow, sealing her fate?My clients are my friends. Am I to re-main silent, play the game, by pretend-ing not to notice, act as if nothing iswrong?

● ● ●

I took what I hope is the high roadwith Colonel Peabody. With him, withany luck, it won’t be too late, and he canget help. I’m waiting for the call. Thesilence is discomforting and burdensometo me. It’s been 17 days since I bid myfriends goodbye. So far the second ap-pointment has not been made–and I knowit may never be.

14


Surfing theNAELA Listserv

by Ruth Ratzlaff, CELA

The NAELA listserv is an Internete-mail “bulletin board,” a place wheremembers send messages that include notonly substantive information and ques-tions, but also inquiries about new meth-ods of practice development or practiceautomation. Frequently another NAELAlistserv colleague may have experiencein a particular area, and is willing to ex-press an opinion or share his or her expe-rience on the topic.

For NAELA members who don’t yethave internet e-mail access, following isa summary of a recent “thread” (topicof discussion) among NAELA memberson the NAELA listserv. To join the list,visit the NAELA web site,www.naela.org, and follow the instruc-tions there.

The NAELA listserv gives partici-pants a chance to reexamine office man-agement practices that should probablybe looked at periodically but frequentlyare not.

Recently, Ed Adamsky (Tyngsboro,MA) wrote “I have a minor, technicalquestion on will execution. Most wills Ihave seen have the testator’s and wit-nesses’ initials on each page, and be-cause I thought it was a regular practice,I have been doing it too. But, I don’tknow of any requirement for initialingeach page. I’m thinking that I might liketo stop doing it because it just adds timeand confusion to will signings. Anyonehave any opinion or legal reasoning onthis seemingly minor issue?”

The floodgates opened. All attor-neys have opinions on issues, no matterhow minor. What ensued was very edu-cational and entertaining.

Bill Overman (Alpharetta, GA),CELA, confessed that “in a former life Iwas the Chief Administrator of the Pro-bate Court of Fulton County (the largestprobate court in Georgia, located in At-lanta). It was not infrequent for us tohave cases where claims were made thata page had been ‘substituted’ in a willthat was offered for probate. Thus whenI ‘retired’ and entered private practice, Imade it my practice to have the testator/testatrix initial each page, and also thewitnesses, as a safeguard to help prevent

‘replacement’ of pages. Yes, this does attime make the execution process moretime-consuming and difficult. Thereforeas an alternative, where the client wouldhave difficulty initialing each page, I de-lete the initial line for the Testator/Testa-trix, but I still have the witnesses initialeach page.”

Dick Sayre (Spokane, WA), CELA,reported “I don’t have clients initial pagesunless there is some reason (typo, inter-lineation at time of execution, etc.) But Ido have a story.

“When I was scratching my waythrough law school as a summer clerk, Imet an attorney in a BIG Seattle firm, whoalways did a signing ceremony when thewill was executed. He brought the cli-ents into a conference room, lit a candle,dimmed the lights (he had a rheostat in-stalled for that purpose), then did theusual questions, publication, and execu-tion. Except for the candle and the lights,it was unremarkable. Everyone remem-bered the execution, even people withAlzheimers whose memory of that eventwas still present. He never ‘lost’ a willcontest! I thought it silly at the time, butnow I understand why he did it. I don’tdo that, by the by.”

Dick then digressed, which is one ofthe joys of following an Internet listservthread - you never know where it will endup. He continued, “I do use a will, backedup by a RLT [Revocable Living Trust -we use abbreviations liberally on theInternet] when I think I’ll have familyproblems. Then, annually, I have momand dad in for a meeting of the trusteesof the RLT, we do minutes, and we re-affirm the disinheritance or uneven dis-tribution of the trust, stating our reasons.We date and sign witnessed minutes. Ido it annually.

“I don’t do this often, mind you, butI do it when parents (or others) tell me toanticipate a contest from ingrate child #2.

“About three years ago, the hus-band of a couple who had followed thisformat died. His wife was in afterward,and we had another meeting, memorializ-ing the death, restating her intentionsregarding the ingrate child, and doingother ‘business.’ Mom died about eight

months later.“I heard from the PR [Personal Rep-

resentative] (another child) at 8:00 a.m. Iheard from ingrate child’s atty [attorney]at 9:00 a.m. He wondered if I’d acceptservice.

“I suggested he look over my file firstand, with permission of the PR, I sent himsix years of minutes with H&W [Hus-band and Wife], 1 year with just W, thetrust, the Will and a very kind note sug-gesting that, sometimes, it was best toask around a bit before one sued every-one in sight.

“I never heard from him (nor thechild) again.”

The discussion then reverted to theoriginal question–initialing each page.Mitchell Payne (Rock Hill, SC) stronglyaffirmed the wisdom of having each pagein a will initialed. He was asked whetherhe also had each page of trusts, powersof attorney, et cetera, initialed for all thesame reasons. Mitchell replied that itmight appear inconsistent, but that hefrequently had executed multiple copiesof trusts for successor trustees, in whichcase substituting a page in one of sev-eral originals was less likely. He then com-mented that he sometimes kept originalWills for clients, which of course reducesthe concern of substitution.

That resulted in the discussion go-ing in the direction of how many of usretained original documents for clients,and why and why not. The reasons wereobvious on both sides. Jerry Colen(Largo, FL) sent that discussion in awhole new direction when he said he es-pecially kept originals where he wasnamed fiduciary. There was a fair amountof California-bashing when Ruth Phelps(Pasadena CA), CELA, revealed that Cali-fornia has a specific prohibition on attor-neys writing wills or trusts where theyare named the fiduciary. (The nomina-tion is presumed to be invalid on groundsof undue influence unless an indepen-dent attorney has determined and de-clared in writing that no undue influenceoccurred.)

An offshoot of the discussion ofkeeping original documents evolved intoa discussion of who gets the originalwhen the signer is deceased? TerylDeegan (Agawam, MA) reported “I wastaught by a very respected probate at-torney here in Massachusetts that thewill should never be surrendered to any-one but the testator or the Probate Court.


15


It is confidential to the testator and mustbe respected.” Another contributor (whoshall remain nameless for obvious rea-son, but whose contribution was never-theless valuable) agreed, saying “Aboutthree years ago, I surrendered the will ofa decedent to the named executor. I later

Surfing the NAELA Listserv(continued from page 14)

learned that he had filed for administra-tion (rather than probate) and handledthe estate as if no will existed. Charitiesinherited almost everything under thewill, but he inherited almost everythingunder the laws of intestacy. The crimehaving already been committed, there wasno ethical way for me to do anything.When in doubt about someone’s inten-

tions from now on, I will file a will withthe Probate Court, even if it means that Ihave to spend my own money to obtain adeath certificate to do so.”

It is doubtful that anyone changedtheir protocols as a result of this discus-sion, but it is constructive occasionallyto reflect on the reasons certain practiceswere adopted.

Four NAELAMembers Named

“Fellows of the Academy”

William Brisk

The following members of theNational Academy of Elder Law At-torneys, were announced as “Fellowsof the Academy” at the Academy’sSymposium on Elder Law held May19-23, 1999 in San Diego, CA.

Selection as a Fellow of NAELAacknowledges the highest degree ofcommitment to serving older personsand only 46 NAELA members (in-cluding the newly selected Fellows)have been honored as such sinceNAELA’s inception in 1988. The Fel-lows have distinguished themselvesand the elder law practice by mak-ing exceptional contributions tomeeting the legal needs of olderAmericans; they have demon-strated commitment to NAELA ofwhich they must have been mem-bers for at least three years and arecommitted to the future ofNAELA, its mission, objectivesand ideals.

William J.Brisk, CELA,of NewtonHighlands,MA, of theLaw Office ofWilliam J.Brisk, receivedhis Ph.D. inLatin Ameri-can andInternational

Politics from Johns HopkinsUniversity. He was a Root-TildenFellow at New York UniversityLaw School and

directed research for the Inter-American Foundation and consultedto the State Department and Agencyfor International Development. He isa Certified Elder Law Attorney bythe National Elder Law Foundation,past president of NAELA’s Massa-chusetts Chapter, is the co-editor ofthe NAELA News and was an editorof the Massachusetts Law Review.He is also a Fellow of the Massachu-

setts LawFoundation.

Alfred J.“Chip”Chiplin, Esq.,of Washington,DC, a consult-ing attorney forthe ConsumerCoalition forQuality HealthCare in

Washington, DC, and the Center forMedicare Advocacy in Willimantic,CT, received his law degree fromGeorge Washington University andhis Masters in Divinity fromHarvard University. A formerNAELA Board member, hecurrently serves as chair of thepublic policy subcommittee onMedicare and is the 1999 NAELAInstitute chair. He specializes indeveloping legal assistancesystems under the Older Ameri-can Act and is a regular speakerand contributor to both NAELAand local/state programs.

“Chip” Chiplin

John F. “Jay”Kearns, CELA,of West Hartford,CT, of the Kearns& Kearns lawfirm in WestHartford, CT,concentrates hispractice in estateplanning, probateand elder law. Heis currently a

member of the NAELA Board ofDirectors and the National Elder LawFoundation Board of Directors. Hehas served on multiple NAELA andNELF committees and frequentlyspeaks on a number of issues for bothNAELA and NELF programs. He is aCertified Elder Law Attorney by theNational Elder Law Foundation.

Bernard A.Krooks, CELA,of New YorkCity, the manag-ing partner of thelaw firm LittmanKrooks Roth &Ball with officesin New York Cityand White Plains,NY, is vice chairof the Elder Law

Section of the New York State BarAssociation and a member of itsExecutive Committee. He is immedi-ate past editor-in-chief of the ElderLaw Attorney, the newsletter of theNYSBA Elder Law Section. A boardmember of NAELA, he is alsoimmediate past editor-in-chief ofthe NAELA News and serves aschair of the NAELA LegislativeTask Force. He is a Certif ied ElderLaw Attorney by the National ElderLaw Foundation.

Bernard Krooks

Jay Kearns

16


Members in the NewsNAELA was mentioned in the

following publications:Association of

American LawSchools, inthe Spring,1999 issueunder“News fromVariousOrganizations.”

PennsylvaniaLaw Weekly, in theMarch 8, 1999 issue, inthe article “Elder Law In.”

The Courier, in the March 10, 1999issue, in the article “Elder-Care Respon-sibilities Can Affect Job Performance.”

Virginia Lawyers Weekly, in theApril 5, 1999 issue, in the article“Seeking to Meet the Needs of AgingClients.”

Daily News, in the April 11, 1999issue, in the article “For Seniors Only;Learning About Elder Law.”

The Washington Post, in the April20, 1999 issue, in the article “What toLook For in a Facility.”

● Thomas D. Begley, Jr., CELA, wrote“Nursing Home Law and Litigation,”for the April 12, 1999 issue of NewJersey Law Journal.

● John Bigler wrote “Brown v. Wing,Medicaid & You” for the February18, 1999 issue of The Suffolk Times.

● Otto M. Bonahoom wrote “Distin-guishing Elder Law from Estate Plan-ning,” for the February 28, 1999 is-sue of Today’s Catholic.

● Janet Shafer Boyanton wrote “Nurs-ing Home Litigation: An EmergingField for Elder Law,” for the April,1999 issue of The ElderLaw Report,edited by Harry S. Margolis.

● Priscilla Camp and Michael Gilfixwere quoted in the November 19,1998 issue of the San FranciscoDaily Journal, in the article “NewEra for Elder Law.”

● Edward Dale wrote “Using FederalProtections to Fight Nursing HomeTransfers and Discharges,” for theMay, 1999 issue of The ElderLawReport, edited by Harry Margolis.

● Lawrence Davidow, CELA, was men-

tioned in the May6, 1999 issue of

the Long Is-land Busi-ness News,as a Certified

Elder Law Attor-ney by the National

Elder Law Foundation.

● David Dorfman, CELA, wasquoted in the April 25, 1999 issue

of the Daily News, in the article“Keeping It In the Family.”

● Howard Eglit, Michael Erde, JannaDutton, Barbara Fox, Rebecca Mor-gan and Steven Perlis, CELA, werequoted in the May 13, 1999 issue ofthe Chicago Daily Law Bulletin, inthe article “‘Elder Law’ Matures asFocus for Rewarding Legal Practice,Attorneys Find,” which also men-tioned NAELA and National ElderLaw Month.

● Michael Erde was recently nomi-nated to serve on the multi-disciplin-ary team of the Illinois Departmentof Aging’s Elder Abuse and NeglectProgram. He was also recently aspeaker at two seminars on “EstatePlanning for a Secure Future,” bothheld in Chicago in April, 1999.

● Ronald Fatoullah, CELA, wrote “APanacea or a Pandora’s Box? Spou-sal Refusals in New York,” for theFebruary 4, 1999 issue of TheNewsweekly. He was also quoted inthe March 13, 1999 issue ofNewsday, in the article “Home-CareOutrage.” He also wrote “Elder Law;Q & A,” for the April 20, 1999 issueof The Southeast Queens Courier,which also appeared the same dayin The Northwest Queens Courier,The Forest Hills Courier, and TheQueens Courier.

● Lawrence Friedman, CELA, wrote“New Jersey Falls in Line on SNTLiens,” for the May, 1999 issue ofThe ElderLaw Report, which is ed-ited by Harry Margolis.

● Gregory Gay wrote “Medicaid andthe Nursing Home Patient,” for theFebruary 23, 1999 issue of the St.Petersburg Times. He also wrote“Help for Dying Patients,” for theApril 27, 1999 issue of the St. Pe-

tersburg Times–Seniority, whichalso mentioned Rebecca C. Morganand NAELA.

● Harley Gordon was mentioned in theApril, 1999 issue of Ticker, in thearticle “A Piece of the Puzzle,” whichalso mentioned NAELA.

● Laurence S. Graham, A. FrankJohns, CELA, Bailey Liipfert, III,CELA, Christine Sylvester and JanWarner were quoted in the March16, 1999 issue of The Charlotte Ob-server, in the article “Late-Life Help.”The article also referenced NAELAand NELF for resources and also ap-peared under different article titlesin the April 8, 1999 issue of ThePost–Crescent, the April 9, 1999 is-sue of the Amarillo Globe-Times, theApril 11, 1999 issue of The Capital,the April 11, 1999 issue of theYakima Herald–Republic, the April11, 1999 issue of The Vindicator, theApril 19, 1999 issue of The IllinoisTimes, the April 21, 1999 issue of theArkansas Democrat and the April22, 1999 issue of The Journal News.

● Margaret Hoag was quoted in theApril 15, 1999 issue of The ConcordJournal, in the article “AttorneyOffers Guide to Elder Law.”

● Sally Balch Hurme and Rebecca C.Morgan were quoted in “GuardiansDrawing Increased Scrutiny,” in theMay, 1999 issue of The States; Re-gional News of Interest to AARPMembers.

● Howard S. Krooks wrote “PracticeAlert: Ethical Considerations in El-der Law,” for the February, 1999 is-sue of the Estate Planner’s Alert.

● Susana Lannik was quoted in theMarch 8, 1999 issue of Medical Eco-nomics, in the article “When ElderlyParents Can’t Manage Alone.” Thearticle also mentioned NAELA andits Consumer Directory.

● Timothy Loff wrote “Planning Toolsand the Terminally Ill Patient,” forthe March 29-May 3, 1999 issue ofthe Northeast Network HealthcareReview.

● Frances Long and Kris Maser werequoted in the January 25, 1999 issueof the Minnesota Lawyer, in the ar-ticle “Representing the Elderly: Noteasy, But It Can Be Rewarding.”


17


● Julia E. Merkt wrote “BusinessPeople” for the February 14, 1999issue of the El Paso Times.

● Leonard E. Mondschein spoke atthe 3rd Annual Public Benefits Semi-nar of the Elder Law Section of theFlorida Bar held in St. Petersburg,FL on March 11-13, 1999, on thetopic “Real Property–Countable orNon-Countable for ICP Medicaid.”

● William Mumbauer wrote “An-other Example of Poor Estate Plan-ning,” for the February 15, 1999 is-sue of the Senior Connection.

● Julie Osterhout, CELA, was quotedin the April 30, 1999 issue of TheFlorida Bar News, in the article“Florida Lawyer Helps Lead Searchfor Dignity in Aging, Death.”

● Paul Premack wrote “Phone ScamsTarget Y2K Fears of Elderly,” for theMarch 19, 1999 issue of the SanAntonio Express-News.

● Judith Raskin wrote “Still Time for

Members in the News(continued from page 16)

Tax Relief ” for the February 20, 1999issue of Newsday.

● Linda Roberson wrote “Stock Dis-claimer Can Be Tricky,” for the March25, 1999 issue of The Capital Times.

● Jean Reed Roberts was listed in“Women Helping Women: YWCAHonors Activists, Mentors,” as therecipient of the Dorothy WilleyAward, in the February 24, 1999 is-sue of The Arizona Republic.

● Glenn Rowley, CELA, wrote “Alter-native Estate Planning,” for the April6, 1999 issue of The Falmouth En-terprise and “A Partnership on CapeCod,” for the March 30, 1999 issue.

● Vincent J. Russo, CELA, wrote “ToMake or Not to Make Gifts: That Isthe Question,” for the April, 1999 is-sue of the Senior News Long Island& Queens.

● Charles Sabatino wrote “The Futureof Elder Law,” for the March, 1999issue of The ElderLaw Report, ed-ited by Harry S. Margolis.

● Debra Rahmin Silberstein wrote

“Senior Center Plan Meets Needs,”in a letter to the editor for the April8, 1999 issue of the Andover Towns-man.

● Jerome Ira Solkoff, CELA, wrote“Minding Your Elders,” for the April,1999 issue of the ABA Journal.

● Len Tillem wrote “The Living TrustMyth,” for the February 2, 1999 is-sue of the Sonoma Index Tribuneand “Why A Revocable Trust?” forthe February 16, 1999 issue. He alsowrote the response to “QuestionAbout Will,” for the March 30, 1999issue of the Sonoma Index Tribune.

● Jan Warner co-wrote “SocialWorker’s Advice May Cost Son HisMother’s Home,” for the February21, 1999 issue of The State, whichmentioned NAELA as a resource. Healso co-wrote “Bad Legal AdviceCostly,” for the March 3, 1999 issueof the News Journal and “Fill-In-The-Blank Legal Form LeavesWoman in Dire Straits” for his Q&AColumn in the March 7, 1999 issueof The Times-News.


Roland, drop inoriginal ad... this

is just a fax.

18


NSCLC Offers LitigationHelp In Elder Law

NAELA members consult regularlywith staff attorneys at the National Se-nior Citizens Law Center (NSCLC) on avariety of issuesarising in thecourse of advisingclients. Medicaideligibility, spousalimpoverishment,and Medicare ser-vices are commontopics of consulta-tion.

The elder lawbar’s interest in thearea of litigation isincreasing. TheLaw Center itselfhas carried on liti-gation since its in-ception, but thisside of its activityis just becomingapparent to privateattorneys who areexpanding theirown practices intonew client services.

Major cases inthe Law Center’slitigation docketusually begin withan isolated client,whose predica-ment, investigationturns out, mirrorsother individuals’.Analyzing a caseas a class actionimmediately height-ens its value. Thefiling of a suit seek-ing class certifica-tion raises the antein negotiations.This wider approach also makes it pos-sible to obtain broad relief. In addition, asuccessful suit for class-wide relief ordi-narily will produce an expanded attor-neys’ fee award.

Law Center specialization coversmany issues for potential litigation in thefield of elder law. No area is more invitingthan emerging issues in health care, es-pecially denial of coverage and servicesto Medicare beneficiaries. A federal court

recently awarded not only substantialdamages to a large class of beneficiariesbut also approved sizeable attorneys’ fee

after the state ofCalifornia refusedto pay full rates toindividuals eligiblefor both Medicaidand Medicare anddenied them nec-essary wheel-chairs and otherhealth supplies.

Nursing hometorts and depriva-tion of residents’rights under fed-eral law are alsoemerging areas oflitigation. TheFederal FalseClaims Act is asource of increas-ing claims to re-dress health carefraud and unrea-sonable billingpractices under.

The Supple-mental Security In-come (SSI) andDisability Insur-ance (DI) systemsare frequent areasof elder law ser-vices. Becausethese programs arefraught with pro-cedural irregulari-ties and erroneousdenials of eligibil-ity, they offerabundant litiga-tion opportunities.Although the ju-

risdictional restrictions of the Social Se-curity Act appear formidable at first blush,with a proper foundation the provisionsneed not preclude a class action suit forbroad relief.

A NAELA member who has a casethat warrants analysis, but who lacks thetime or resources to file suit, may wantto consult with NSCLC about alterna-tives. An association with NSCLC as co-counsel can bring several advantages:

● Law Center attorneys can bringexpertise in complex areas offederal law, like Medicaid andMedicare, where often applicablestandards arise from unpublishedagency documents rather thanstatutory or case law.

● We can assist with analysis of acase under class action proce-dures, with prospects thatmagnify the value of a case manyfold.

● A private attorney may see afederal law claim but lack familiar-ity with federal courts andprocedures; Law Center staff canbring federal court experience tothe case.

● Public benefit cases, whetherindividual or class actions, can belabor-intensive and involvecostly discovery. Law Centersupport can enable a case to goforward that otherwise is impracti-cal for an attorney in a small firmto bring.

● Staff attorneys have successfullyfiled petitions for attorneys’ feesunder federal statutes, a practicearea rapidly becoming a specialtyunto itself. This experience canbe shared with private attorneysto mutual advantage.

We believe that the working relation-ship between NSCLC and NAELA,which has been successful in areas likeestate planning and legislative coalitions,can be mutually helpful in the field oflitigation as well. We welcome contactfrom NAELA members with NSCLC at-torneys in either of our offices.

For more information contact Bur-ton Fretz at (202) 289-6976 or GeraldMcIntyre at (310) 204-6015.

The National Senior Citizens Law Centeris a public-interest law firm that special-izes in the legal problems of older people.Their Washington, DC office can bereached at: (202) 289-6976; Fax: 202-289-7224, and the Los Angeles office at310-204-6015, Fax: 310-204-0891; e-mail: [email protected].

The elder law

bar’s interest in

the area of

litigation is

increasing. The

Law Center itself

has carried on

litigation since its

inception, but this

side of its activity

is just becoming

apparent to

private attorneys

who are

expanding their

own practices into

new client services.

19


NAELA President, Rebecca Mor-gan, presented the 1999 NAELAPresident’s Award to the National Se-nior Citizens Law Center, at the NAELASymposium, held in San Diego, May 19-23, 1999. Follow-ing are the re-marks given byNSCLC Execu-tive Director Bur-ton D. Fretz uponacceptance of theaward.

There is a newbreeze blowing throughthe corridors of law of-fices and the courtsthese days. Some ofyou may have noticedit. In these sameplaces 20 years agothere was nothingbut a dead calm. Bythe mid 80’s, youcould feel a gentlezephyr now andthen. By the 90’syou could feel anoccasional gust.I’m talking aboutthe force that is cre-ated as the public bar and pri-vate bar join in common efforts. It is vis-ible in many ways—in legislative efforts,administrative policy work, litigation andpublic education.

The common efforts that take placebetween NAELA and NSCLC is a primeexample of what is happening. ThePresident’s Award today is especially fit-ting. Of course, the award is a great honorto NSCLC. Along with Jerry McIntyre,our Directing Attorney who joins mehere, we gratefully accept the award onbehalf of our NSCLC Board and staff.But it’s more than an award. It is a markerof the bond between our two organiza-tions. We can all take a moment to ob-serve the occasion and celebrate it.

Why are these common efforts hap-pening, and why so long in gestation?

Let me suggest several causes. First, asea change occurred in the activity oflegal services programs. Before 1995, pro-grams funded by the Legal Services Cor-poration were a cornerstone of publicinterest advocacy. A new Congress in

1995 dismantledmuch of the LSCnetwork, slashedfunding, and im-posed severeprohibitions onimpact advo-

cacy. Many experi-enced attorneys left,

and programs entereda survival mode.

A second factoris the growth of apublic interest cul-ture within the pri-vate bar. Manyprivate attor-neys, includingmany in elderlaw, have nour-ished a commit-ment to probono andother advo-cacy through-

out their careers. This commit-ment grew in size as experienced law-yers in public interest programs left thoseprograms for private practice during thepast decade, carrying with them a re-newed dedication to fuse private repre-sentation and the public good.

A third factor is that all of us, if notaging, at least are maturing. Over theyears we discovered the magnitude ofthe challenge of representing peoplewho are frail, or poor, or vulnerable toabuse. Representation of elderly clientsis like representation of disadvantagedpeople in general: The needs are toogreat, the numbers too large, and theopposition too entrenched, for us not towork with every resource available.

This is certainly the experience withNSCLC. In 1995 we lost funding from

LSC, and at the same time we becameliberated from LSC restrictions. Our owninvolvement with NAELA and its indi-vidual members has grown steadily sincethen in many ways.

Last November NSCLC and NAELAco-sponsored a Legal Services Day inconjunction with the NAELA Institutein Washington, D.C. Our staff joinedwith NAELA in planning and conduct-ing several workshops at the Institute.We are jointly planning similar work-shops in another Legal Services Day andas part of the NAELA Institute slatedfor Chicago next November.

NSCLC staff contribute a regularcolumn to the NAELA News on currentcutting-edge issues in elder law. NAELApublications in turn are widely circulatedand eagerly read by our staff.

The best indication of bonding be-tween the two organizations is thechange in Board relations. In 1996,NSCLC staff attorney Alfred Chiplinserved on the NAELA Board. Today,NAELA President Becky Morgan sits onour NSCLC Board. When at one time Isigned the paycheck of your Board mem-ber, today your Board member signs mypaycheck. Really, Becky Morgan hasbeen instrumental in the collaborationbetween us and Becky, we all can thankyou.

The Center on Medicare Advocacyis an integral part of NAELA with ac-complished attorneys like Judy Stein,Sally Hart and Alfred Chiplin. Todaythe Law Center co-counsels with CMAin some of our heaviest litigation. Work-ing with NAELA leadership keeps ongrowing. It is always a pleasure to workwith people like Laury Adsit, BrianLindberg, Charlie Sabatino and otherstoo numerous to mention.

This combination of forces can beeffective, whether in conduct of trainingworkshops, pursuing litigation, or advo-cating public policy. This is one placewhere the effect of the whole is, indeed,greater than the sum of its parts. We lookforward to many more cooperative effortswith you.

On behalf of the National Senior Citi-zens Law Center, I accept the President’sAward with great happiness and deepappreciation. This marks 10 years ofgrowth in NAELA, and 10 years in whichthe work of your members and our staffgrows closer.

Thanks very much.

National SeniorCitizens Law Center

Receives 1999 NAELAPresident’s Award

20


The Next Frontier:Elder Law Litigation

By Stuart D. Zimring, Esq.1 9 9 9 S Y M P O S I U M C H A I R

The first Symposium of NAELA’ssecond decade had as its theme “ElderLaw Litigation: The Next Frontier.” Thegoal of your NAELA Symposium Com-mittee was to provide you with insightsand tools that would enable us to ven-ture out from behind our desks and intothe adversarial arena whether it was ad-ministrative hearings involving denials ofMedicare or Medicaid benefits, contestedguardianship/conservatorship proceed-ings, will and trust contests or nursinghome litigation.

In addition to this primary track weoffered tracks in estate planning, officemanagement, elder law issues and, for thefirst time, a technology track blended inas part of the regular program rather thanthe previous “TechDay”pre-session.

Add to this our “In-troduction to ElderLaw Basics Day” pre-session and a Certifi-cation Review Coursefor the CELA Examand you can see we hada very busy Sympo-sium!

Credit for coordi-nating this herculeantask goes to my out-standing committeeconsisting of GregWilcox, CELA, JerrySolkoff, CELA, RuthRatzlaff, CELA, RuthPhelps, RebeccaMorgan, Kate Mewhinney, CELA,Julia Merkt, Robert Fleming, CELAand Joyce Collins. Each of themworked tirelessly during the months pre-ceding the conference to pull it all to-gether and saw to it that the Symposiumitself ran smoothly from start to finish.I can’t thank them enough!

Thanks also to the fabulous NAELAstaff-the “J-Team” of JihaneRohrbacker, Janice Phillips andJenifer Mowery who, together withKaren Miller, Brittany Betz, DebbieBarnett and our executive director,Laury Adsit, kept the ship on course and

sailing in calm waters.We began our exploration of elder

law litigation by posing the hypotheti-cal: “This contested matter has justwalked in the door. I’ve never handled amatter like this. What do I do? Should Iassociate counsel? Should I farm it out?Can I handle it myself? HELP!!!” To givesome guidance (but certainly not all theanswers), Joyce Collins moderated apanel of litigators consisting of BobAbrams, Cindy Barrett, Sally Hart andHoward Krooks to share their experi-ences, thoughts and suggestions in howto move one’s practice from office tocourt. This was followed by a discus-sion by Andy Garb on the ethical impli-cations litigation imposes on us. Using

the ACTEC Commentaries to the ABAModel Rules, Andy explored some ofthe interesting and in some cases unan-swerable questions that litigation in thisarea poses for us.

The Breakout Sessions on the Liti-gation Track dealt with a wide variety ofadversarial proceedings, Steve Perlis,CELA, led an in depth case study of anAdministrative Medicaid case; AndyWallett and Dennis Christensen dis-cussed the nuts and bolt of handling con-tested Guardianships andmmmmmmConservatorships on the one hand andprobate and Trust litigation on the other;

Russ Balisok shared his observationsregarding the difficult area of nursinghome litigation and PiYi Mayo reviewedthe procedures involved in handlingMedicare Administrative hearings.

Of particular interest was our Gen-eral Sessions on Elder Abuse and Do-mestic Violence. Working in conjunctionwith the Lori Stiegel and Bette Garlowof the ABA Commission on Legal Prob-lems of the Elderly and the Commissionon Domestic Violence, respectively weexplored this difficult area with a view to-wards educating our members on how tospot the often subtle clues evidencingpotential elder abuse among our clients.This discussion segued into a stimulat-ing presentation by Paul Greenwood,chief of the Elder Abuse Unit of the SanDiego District Attorney’s Office whoshared with us his perspective from thecriminal side of the spectrum.

The Estate Planning Track featuredpresentations on the fundamentals of thePrudent Investor Rule, Estate Planningwith IRAs and Supplemental Needs

Trusts from the Attorney’sStandpoint. Enlighteningus on this track were RonFatoullah, CELA, MaryT. Schmitt Smith, CELAand Jack Stephens.

The “business” of thepractice was not ignoredeither. The Office Man-agement Track and theTechnology Track offered

programsd i s c u s s -ing such


Membersparticipate inthe “PuttingYourself in YourClient’s Shoes”luncheonsession.

d i v e r s etopics asC a s eManage-m e n tSoftware,

Counseling the Client with Hidden orUndiagnosed Illnesses, Office Practice/Client Development, Asset or Liability?How Will Your Elder Law Practice BeViewed by Your Executor?, Office Inte-gration, Elder Law On the Web and Docu-ment Assembly Using HotDocs. Shar-ing their wisdom with us on these twotracks were Ruth Ratzlaff, CELA, TimTakacs, CELA, Robert Fleming,CELA, Hal Fligelman, Nancy Rice,Julie Osterhout, CELA, Helen CohnNeedham, CELA, Bill Overman,CELA, Jack Rosenkranz, Peter

21


Westerman, Kevin McDuff, B.J.Curry Spitler and Mark Hyjek.

Rounding out the presentations wasour Track on Elder Law Issues featuringan update on the Medicare+Choice Pro-gram by Judy Stein and Chip Chiplin, adiscussion on Health Care Decision Mak-ing Compliance and Monitoring Issuesinvolving Antipsychotropic Medicationled by Alex Moschella, Supplemental Se-curity Income from A to Z presented byNeal Winston, CELA, In Search of Hu-mane Long-Term Care: Is Assisted Liv-ing an Oasis or A Mirage by nursing homeexpert Eric Carlson and a fascinating ex-ploration of a little known aspect of Med-icaid planning - Using the Family Busi-ness as an Exempt Resource, exploredby Rebecca Shandrick.

Our final formal program was a Re-cent Developments Panel chaired byNAELA President Becky Morgan and

featuring Mike Gilfix, Harry Margolisand Robert Fleming, CELA. If you donot buy any of the other tapes of the Sym-posium (and you really should have themall!), you need to have this one!!

Last, but definitely not least, AllanBogutz, CELA, led us through an exer-cise during lunch during which we liter-ally tried to put ourselves in our clients’shoes. It was a moving and eye-openingexperience.

And as if this wasn’t enough, our Pre-session, “Basics of Elder Law,” chairedby Kate Mewhinney, CELA and RuthPhelps, had a record number of attend-ees who received a thorough introduc-tion into this exciting area of law fromDonna Bashaw, CELA, Howard

The Next Frontier:Elder Law Litigation(continued from page 20)

Krooks, Bailey Liipfert, CELA, Jo-Anne Herina Jeffreys, CELA, Mary T.Schmitt Smith, CELA, Chip Chiplin,Bill Brisk, CELA, Neil Harris andMark Hyjek.

In between all of this intellectualactivity we had time for fun, camarade-rie, business (with stirring messagesfrom both our outgoing president, BeckyMorgan and incoming president FrankJohns) and friendship.

On behalf of my committee and my-self, I congratulate all of you who madethis such a wonderful Symposium. Forthose of you who couldn’t make it - GETTHE TAPES!

(at left)OutgoingPresidentRebecca Morganpresents thegavel toincomingPresident A.Frank Johns.

(at right) RebeccaMorgan presents the

1999 President’s Awardto NSCLC Executive

Director Burton Fretz,who accepted it on behalf

of the Center.

(at left) 1998-99 NAELA CommitteeChairs were recognized at theopening reception.

Seeyou all in

Chicago forthe NAELA

Institute,November

11-14, 1999!

22


We Want You!Become a Public Policy Representative

by Ronald Fatoullah, CELA,and Stuart Zimring, Esq.

P U B L I C P O L I C Y C O M M I T T E E C O - C H A I R S

NAELACharters

itsNewestChapter

KANSAS

Karen Weber receiving the KansasChapter Charter Certificate fromNAELA President Becky Morgan.

The NAELA KansasChapter, NAELA’s newestchapter, was chartered atthe 1999 NAELASymposium, May 19-23,1999 in San Diego, CA.The Kansas Chapterbecomes NAELA’s 13th

chapter. Congratulations!

The chapter’s board ofdirectors is as follows:

PresidentKristin L. McCord, Esq.

Vice PresidentStephanie M. Smith, Esq.

Secretary/TreasurerKaren H. Weber, Esq.

Board MembersJill Bremyer-Archer, Esq.Timothy J. Carmody, Esq.

Why have we chosen to become el-der law attorneys? Yes, the professionis fun, creative, people oriented, lucra-tive, and it certainly is challenging. Canany of us even remember a workday thatwas boring? I seriously doubt it…ourdays are always action packed!

But in speaking with our NAELAcolleagues, weknow that our”raison d’être”goes way beyondthe basics. Wefeel a sense ofaccomplishmentwhen our clientsbenefit from ouradvice. We en-joy “giving back”and we want tomake a differ-ence.

Of course,it is extremelysatisfying help-ing our indi-vidual clientswho are oftengoing throughthe most diffi-cult times oftheir lives. But,it is impossibleto describe theimmense satis-faction of havingthe privilege ofco-chairing theNAELA Public Policy Committee andknowing that, on some level, we can havea positive influence on the way seniorslive, and on the way they die.

All NAELA members now have anopportunity to get involved! NAELA isgiving its members who would like totake an active role in public policy theopportunity to serve as a Public PolicyRepresentative (PPR). A PPR will haveaccess to a dedicated, moderated publicpolicy listserv where members can com-municate exclusively on public policy is-sues. NAELA will also maintain andprovide legislative information on this

listserv and will provide staff input andsupport to PPRs on issues that conformwith NAELA’s list of policy priorities.In addition, NAELA will now host an an-nual legislative conferencefor your members either inWashington, DC or anotherappropriate venue.

But, this willnot be a one-waystreet. In return, aPPR will be re-quired, amongother things, tocheck the publicpolicy listserv atleast two times aweek; respond tocalls for actionfrom the PublicPolicy Commit-tee, attend at least one annualNAELA legislative confer-ence within a three year pe-riod; have an in-person meet-ing with a congressional rep-resentative at least annuallyand to report findings to theCommittee; and to serve as aliaison between NAELA anda NAELA Chapter or NAELAmembership in a given area.

A PPR must only use theinformation to further the ef-forts of NAELA and to pro-mote the priorities that theAcademy has promulgated.Of course, a PPR can not use

any information received from NAELAas a PPR to assist an individual and/orentity on issues that run contrary to aposition that the Academy has taken, orto our guidelines and priorities.

We urge all NAELA members tocomplete the insert in this issue of theNAELA News and join us as a PPR. HelpNAELA to be a positive force in the livesof the elderly and the disabled. In theprocess you’ll receive valuable informa-tion and will get the satisfaction of know-ing that you had a part in making a dif-ference.

NAELA isgiving its

members whowould like totake an activerole in public

policy theopportunity to

serve as aPublic PolicyRepresentative.

23


What do you want?

◆ More clients? ◆ Better Clients?◆ The power to pick and choose the most profitable cases?

Call 1-800-457-4369REFERRAL NET, INC.Visit us on the web at www.refnet.netE-mail [email protected]

You can send Yourpersonalizedprofessional

bulletin to Yourreferral sources.

Research shows as much as 80% of your new business comesfrom referrals.* The vast majority of your customers rely on theirfamily, friends, and other professionals when it comes to selecting alegal or personal financial advisor. If you want to see your practicegrow, a strong referral base is your key. So how do you do it?

* According to a 1996 DALBAR survey.

You can have it! How?Expand your referral base.

ReferralNet, Inc. can help! We can provide you with thetools to build your referral base and expand your practice into thenew millenium. Our Weekly FaxLetter, Weekly E-Letter, andInternet Web Development services are more than just products.

They are part of a process by which you enhanceyour firm’s public image and keep your name infront of your referral sources. They will soon haveyour refined corporate image in their minds, andwhen it comes time to give a referral, your namewill be the first they mention.

We will design an affordable business developmentpackage that’s just right for your firm. Contact ustoday for more information on these services:

◆ Internet Web Development – a personalizedweb site for you, giving your firm a dynamic,professional, and inexpensive web presence.

◆ Weekly E-Letter – keeping you in contact withyour referral sources with an easily accessible,informative digital newsletter from your firm.

◆ Weekly FaxLetter – your own personalizedElder Law or Estate Planning news bulletin faxedto your referral sources.


24


The Brookdale Center on Aginghas recently published Help for Seniors,a set of eight publications designed foruse by professionals, older persons andfamily members whomay be caring for anolder relative. Theycontain vital in-formation onM e d i c a i d ;Medicare ;ManagedCare andO t h e rOptionsfor Medi-care Ben-eficiaries; Long-Term Care; Supple-mental Security Income; and Medigap In-surance. The set is available for $28.70(includes shipping and handling) and canbe ordered by sending a check payableto Brookdale Center on Aging, Help forSeniors, Sadin Institute on Law, 425 East25th St., New York, NY 10010-2590. Formore information contact (212) 481-4433or visit their website: www.brookdale.org.

The Brookdale Center on Aginghas recently developed entitlement manu-als for professionals working with olderpersons. Each manual provides compre-hensive information on the applicationprocess, eligibility rules, treatment of in-come and resources, benefits and exclu-sions and appeals procedures. 1999 En-titlement Manuals and prices are: Medic-aid for the Elderly, Blind and Disabled inNew York State–$34.50; Medicaid HomeCare for the Elderly in New York State–$34.50; Legal Aspects of Adult Protec-tive Services–$28.75; Adult Abuse HomeCare Trainers’ Manual–$28.75; AdultAbuse Hospital Trainers’ Manual–$28.75; Health Care Decision-Making inNew York State: A Guide to Health CareProxies, Living Wills and other AdvanceDirectives–$34.50; Supplemental SecurityIncome for the Elderly–$28.75; Medicarefor the Elderly–$23.00; Medicare+ChoiceProgram–$19.95; Introduction to HomeCare for the Elderly in New York State–$17.25; Administrative Appeals–$17.25.All prices include shipping and handling.

Each manual can be ordered by sendinga check payable to Brookdale Center onAging, Help for Seniors, Sadin Instituteon Law, 425 East 25th St., New York, NY10010-2590. For more information contact(212) 481-4433 or visit their website:

www.brookdale.org.The National Academy

for State Health Policypresents ConsumerProtec-

tion andQ u a l i t y

Oversightin ManagedCare: Howare States

Meeting the Challenge?The report examinesstates’ legislative effortsto provide effective con-sumer protection tothose enrolled in man-aged care. It providesdetails on numerousstate initiatives and com-pares these efforts withrecent CongressionalProposals. For more in-formation, contact theNational Academy forState Health Policy, 50Monument Square,Suite 502, Portland, ME04101, (207) 874-6524, e-mail: [email protected] orvisit their website:www.nashp.org.

The Alzheimer’sAssociation presentsResidential Care: AGuide for Choosing aNew Home. The bro-chure is designed to helpeducate families aboutthe types of residentialcare available and howto assess the quality ofcare provided. It in-cludes a chart with gen-eral information aboutdifferent types of care and specific ques-tions to ask facility staff. For more infor-

mation, contact The Alzheimer’s Asso-ciation, 919 N Michigan Ave., Suite 1000,Chicago, IL 60611-1676, (800) 272-3900.

The National Academy for StateHealth Policy presents Addressing Com-plaints and Grievance in Medicaid andManaged Care. This report examines thegrievance procedures states have devel-oped for the Medicaid managed care pro-grams and highlights ideas that states

have initiated. Thestudy speculatesthat most com-plaints received byor about Medicaidproviders may bethe result of inad-equate education,not inadequatecare. Ten statesparticipated in thestudy. For more in-formation, contactthe National Acad-emy for StateHealth Policy, 50Monument Square,Suite 502, Portland,ME 04101, (207)874-6524 or [email protected] orvisit their website:www.nashp.org.

The Center forSocial Gerontologyhas recently devel-oped “Adult Guard-ianship Mediation:An Introduction,” a30-minute video us-ing actors to dem-onstrate a media-tion. The video isavailable for $50,which includesshipping charges.Orders can be sentto The Center forSocial Gerontology,2307 Shelby Av-enue, Ann Arbor,MI 48103-3803,(734) 665-1126, (734)

655-2071 fax or visit their website atwww.tcsg.org.

The Alzheimer’s

Association

presents

Residential

Care: A Guide

for Choosing a

New Home.

The brochure is

designed to help

educate families

about the types

of residential

care available

and how to

assess the

quality of care

provided.

Available Resources

25


HOLD THESE DATES!NATIONAL ACADEMY OF ELDER LAW ATTORNEYS

1999 ADVANCED ELDER LAW INSTITUTEHyatt Regency O’Hare - Chicago, IL

NOVEMBER 11-14, 1999RATES:RATES:RATES:RATES:RATES: $143 per night, single/double

Make your reservations now,(847) 696-1234, before

October 21, 1999.

Be sure to mention that you are with the National Academy of Elder Law Attorneys to receive the special hotel rate.

FOR MORE INFORMATION CONTACT:Jenifer Mowery at (520) 881-4005, ext. 114 or by e-mail at [email protected].


Increase Revenue

Create New Business

Value-added

Services

Client

Deliverables

To learn more, visit WWW.NursingHomeReports.com/naela.htm or call (800) 571-1918

National Eldercare Referral Systems, LLC.

N u r s i n g H o m e Q u e s t i o n s = O p p o r t u n i t y

26


Full Page West Group Ad

Save time and effort ... all the researchsources you need at your fingertips — onCD-ROM:

• Cases from West Reporter System ™

• USCA sections including entire IRC • CFR sections and Treasury Regulations • Practice Forms • Revenue Rulings and Procedures • State Medicaid Regulations • State Statutes

Sharpen your advice-giving skills ... ourone-of-a-kind Interactive Research Guide

uses question-and-answer dialog to guideyou to on-point coverage of yourtopical issues:-

• Estate Planning • Planning for Incapacity • Paying for Health Care (Medicare, Social Security, LTCI) • Daily Living Problems of the Elderly • Age Discrimination

For expert, practice-tested techniques ...Koren’s Estate and Personal FinancialPlanning.

1 in 8 Americans are age 65 or

older. Think of the issues they face ...

legal, medical, and financial.

Are you preparedto advise on thesepractice-buildingissues?Be prepared with

Estate & Elder Law Advisor ™!

Call 1-800-225-2549 for more information or a no-obligation product demonstration.

722498 8-9429-2

™

WESTGROUP


27


GUIDELINES FORNAELA PUBLIC POLICY

REPRESENTATIVESBeing designated as a NAELA Public Policy Representative (PPR) is voluntary and is open to all NAELA mem-

bers. A Public Policy Representative is a NAELA member who takes an active interest in legislative and policy issuesthat effect the elderly and/or disabled and who wishes to become active in NAELA’s public policy efforts.

The responsibilities of representatives and what NAELA will provide in return for participation is detailed below.This is a dual contract and may be terminated by either party at any time.

Public Policy Representatives (PPR) agree to:1. Subscribe to the NAELA Public Policy Listserv and check it regularly (at least twice each week).2. Respond to calls for action from the Public Policy Committee. The committee will be specific on what action is needed and what states or

state congressmen/women need to be contacted and how.3. Attend at least one NAELA legislative conference in Washington DC or other alternate location within a three year period.4. Distribute information on NAELA’s Public Policy issues as needed.5. Have at least one in-person meeting annually with at least one of the PPR’s congressional representatives and report findings to the NAELA

Public Policy Committee.6. Serve as a liaison on public policy issues between NAELA and a NAELA Chapter or membership in a specified area.7. Use NAELA Public Policy information solely to further the efforts and priorities of the Academy and not to assist any contrary efforts the

PPR disagrees with NAELA’s position on specific issues.

NAELA will:1. Maintain and provide legislative information on the NAELA Public Policy List Serve for PPRs only.2. Maintain a roster of all PPRs.3. Coordinate information distribution on legislative issues as appropriate.4. Provide timely information on legislative happenings as they occur.5. Provide an annual NAELA Legislative Conference in Washington, DC or other appropriate venue.6. Provide staff input and support to PPRs on issues that fit within NAELA’s current list of priorities.7. Keep the Public Policy Subcommittees apprised of relevant state and national trends.

How to Sign UpComplete the information below:

NATIONAL ACADEMY OF ELDER LAW ATTORNEYS PUBLIC POLICY REPRESENTATIVE SIGN-UP FORM

NAME _____________________________________________ E-Mail Address ______________________________________________

Telephone __________________________________________ Fax Number ________________________________________________

❏ Please sign me up as a Public Policy Representative.❏ I agree to the above guidelines for Public Policy Representatives.

Date ___________________________ Signature ______________________________________________________________________

Please return via fax or mail to:Janice Phillips, NAELA, 1604 N. Country Club Road, Tucson, Arizona 85716-3102, (520) 881-4005 phone, (520) 325-7925 fax

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

BULK RATEU.S. POSTAGE

PAIDTucson, ArizonaPermit No. 3178

National Academy ofElder Law Attorneys, Inc. TM

28

Name/Telephone ExtensionName/Telephone ExtensionName/Telephone ExtensionName/Telephone ExtensionName/Telephone Extension E Mail AddressE Mail AddressE Mail AddressE Mail AddressE Mail AddressAddress ChangesAddress ChangesAddress ChangesAddress ChangesAddress Changes ..................................................................................................................................................................................................................................................... Jenifer Mowery, ext. 114 ...................................... jmowery@naela.comAdvertisingAdvertisingAdvertisingAdvertisingAdvertising ............................................................................................................................................................................................................................................................................................................ Carolyn Smith, ext. 106 ....................................... [email protected] QuestionsBilling QuestionsBilling QuestionsBilling QuestionsBilling Questions ................................................... Janet Tite, ext. 119 ....................................... ....... [email protected] ActionBoard ActionBoard ActionBoard ActionBoard Action ............................................................................................................................................................................................................................................................................................. Laury Adsit, ext. 113 ............................................ [email protected] ................................................................................................................................................................................................................................................................................................................. Becky Notestine, ext. 107 .................................... info@naela.comCertificationCertificationCertificationCertificationCertification ....................................................................................................................................................................................................................................................................................................... Brittany Betz, ext. 116 .......................................... [email protected] ........................................................................................................................................................................................................................................................................................................................... Janice Phillips, ext. 121 ....................................... [email protected] PlacementCommittee PlacementCommittee PlacementCommittee PlacementCommittee Placement .................................................................................................................................................................................................................. Janice Phillips, ext. 121 ....................................... [email protected] DirectorExecutive DirectorExecutive DirectorExecutive DirectorExecutive Director ..................................................................................................................................................................................................................................................... Laury Adsit, ext. 113 ............................................ [email protected] RegistryExperience RegistryExperience RegistryExperience RegistryExperience Registry ...................................................................................................................................................................................................................................... Jenifer Mowery, ext. 114 ...................................... [email protected] ..................................................................................................................................................................................................................................................................................................................................... Debbie Barnett. ext. 117 ...................................... [email protected] ........................................................................................................................................................................................................................................................................................................................... Debbie Barnett, ext. 117 ...................................... [email protected] QuestionsMailing QuestionsMailing QuestionsMailing QuestionsMailing Questions ..................................................................................................................................................................................................................................................... Jamie Morris, ext. 118

or Becky Notestine, ext. 107 ................................ [email protected] RelationsMedia RelationsMedia RelationsMedia RelationsMedia Relations .................................................................................................................................................................................................................................................................... Jihane Rohrbacker, ext. 115 ................................ jrohrbacker@naela.comMembershipMembershipMembershipMembershipMembership .................................................................................................................................................................................................................................................................................................. Jenifer Mowery, ext. 114 ...................................... [email protected] DirectoryMembership DirectoryMembership DirectoryMembership DirectoryMembership Directory ....................................................................................................................................................................................................................... Jenifer Mowery, ext. 114 ...................................... [email protected] NewsNAELA NewsNAELA NewsNAELA NewsNAELA News/////QuarterlyQuarterlyQuarterlyQuarterlyQuarterly Articles Articles Articles Articles Articles ............................................................................................................................................ Jihane Rohrbacker, ext. 115 ................................ [email protected] PolicyPublic PolicyPublic PolicyPublic PolicyPublic Policy ............................................................................................................................................................................................................................................................................................. Laury Adsit, ext. 113 ............................................ [email protected] Interest GroupsSpecial Interest GroupsSpecial Interest GroupsSpecial Interest GroupsSpecial Interest Groups ........................................................................................................................................................................................................ Janice Phillips, ext. 121 ....................................... [email protected] CoordinatorsState CoordinatorsState CoordinatorsState CoordinatorsState Coordinators ................................................................................................................................................................................................................................................ Jenifer Mowery, ext. 114 ...................................... [email protected]/Institute InformationSymposium/Institute InformationSymposium/Institute InformationSymposium/Institute InformationSymposium/Institute Information

CLECLECLECLECLE ............................................................................................................................................................................................................................................................................................................ Brittany Betz, ext. 116 .......................................... bbetz@naela.comExhibitorsExhibitorsExhibitorsExhibitorsExhibitors .................................................................................................................................................................................................................................................................... Karen Miller, ext. 108 ........................................... [email protected] .............................................................................................................................................................................................................................................................................. Jihane Rohrbacker, ext. 115 ................................ jrohrbacker@naela.comRegistrationRegistrationRegistrationRegistrationRegistration ................................................................................................................................................................................................................................................ Jenifer Mowery, ext. 114 ...................................... [email protected] .................................................................................................................................................................................................................................................................... Karen Miller, ext. 108 ........................................... [email protected]

Tapes/ManualsTapes/ManualsTapes/ManualsTapes/ManualsTapes/Manuals ......................................................................................................................................................................................................................................................................... Jami Morris, ext. 118 ............................................ [email protected]

There are often questions as to who iswho on the NAELA staff. As you know,we have a staff of 15 people working forus, and everyone is responsible for veryspecific things. Our offices are locatedat 1604 North Country Club Road, Tuc-son, Arizona 85716 and are open from8:00am. to 5:00pm., Mountain Time,Monday through Friday, except holidays.The telephone number is (520) 881-4005. The fax number is (520) 325-7925.We also have voice mail and therefore,you may leave messages 24 hours aday, seven days a week! To help you inyour endeavor to get through the maze,we are listing who you should contactfor what things:

Who’s Whoon the

NAELA Staff ?

“Such costs are medical or remedial under federal law” News... · 2 NAELA News May/June 1999...

Documents

Transcript of “Such costs are medical or remedial under federal law” News... · 2 NAELA News May/June 1999...