RECAP OF OUR ELDER LAW & MEDICAID LUNCH IN A BOX
We are proud to report that our annual Elder Law & Medicaid 'luncheon' was a huge success, albeit virtual. While we missed seeing everyone in person at Russo's on the Bay this year, we were glad to be able to 'see' you online. For those who were unable to attend, we are hoping you will do so next year. This edition of our newsletter serves as a recap of the topics discussed.
After Ron Fatoullah welcomed everyone and introduced our team, Debby Rosenfeld, Senior Attorney at the firm, summarized the importance of estate planning, including Irrevocable Trusts and Powers of Attorney. We strongly encourage all individuals with capacity to execute special expanded planning Powers of Attorney which will enable our clients to avoid the potential need for the appointment of a guardian in the event of incapacity. We often use Irrevocable Trusts as a tool for both Medicaid planning and estate planning.
Following Debby, Junel Abreu, Associate Attorney, discussed the basics of a real estate transaction and the mechanics of transferring a property into a Living Trust. Once a Living Trust is fully signed, it must be funded in order for the Medicaid and/or estate plan to be effectuated.
Jordan Lipka, Supervisor of the firm's Trusts and Estates Administration Department, then outlined some basic facts about administering trusts and estates. Jordan provided an explanation of the roles of trustees, executors and administrators and the fiduciary duties they have to beneficiaries and others interested in the trust or estate.
Next, Marilyn Anderson, head of our Estate Litigation Department, explained some scenarios in which Estate and Guardianship Litigation may be initiated. She also discussed the capacity necessary to execute a Will, as well as the factors that constitute a breach of fiduciary duty by an Executor, Trustee, or agent under a Power of Attorney.
Eva Schwechter, Supervisor of our Guardianship Department, discussed the circumstances under which a guardianship may be necessary, as well as explaining the procedure once a proceeding is initiated. She also discussed the Medicaid benefits and ramifications of a guardianship action.
Stacey Meshnick, Supervisor of our Medicaid Department, outlined the new procedure for applying for Personal Care Services, including the different assessments that are now required. Based upon what was discussed, advocacy is now going to be more important than ever when helping clients obtain care through the Medicaid home care program.
We were fortunate to have Ralph Torres, Divisional Director of the Nursing Home Eligibility Division of the Human Resources Administration Medical Assistance Program participate in the meeting to answer questions that pertained to nursing home Medicaid. We are grateful to Mr. Torres and his staff - Veneze Smart, Assistant Deputy Commissioner, Nijer Sultana, NHED Director, Troy Lawrence, Assistant to the Executive Director and Annmarie Richardson, NHED Section Manager, for attending the meeting and providing such helpful information.
After the various presentations, we were able to take several questions from attendees and then concluded the program with virtual networking breakout sessions.
We look forward to seeing everyone in person next year to impart some useful information, enjoy lunch, and converse face-to-face with our colleagues and friends.
The Elder Law Review is not to be considered legal advice, does not create any attorney-client relationship, nor does it provide a definitive legal opinion for any factual situation. Before Ronald Fatoullah & Associates can provide legal advice or a legal opinion to any person or entity, the specific facts at issue must be reviewed by the Firm. Before an attorney-client relationship is established, the Firm must have a signed engagement letter with a client, which sets forth the Firm's scope and terms of representation.