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Medicaid Cake with VA Icing on Top?

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Medicaid Cake with VA Icing on Top? The Elder Law Advocate “Serving Florida’s Elder Law Practitioners” Vol. XVII, No. 2 Summer 2009 www.eldersection.org The Elder Law Advocate Established 1991 A publication of the Elder Law Section of The Florida Bar Babette B. Bach, Sarasota Chair CONTENTS: Leonard E. Mondschein, Miami Message from the chair ........................................................................... 3 Chair-elect The Elder Law Section thanks the 2008 - 2009 CLE program chairs! . 4 Enrique Zamora, Coconut Grove Administrative Law Division Chair Rainmaking 101: Top 20 influencers ...................................................... 6 Twyla L. Sketchley, Tallahassee Kudos Korner ........................................................................................... 7 Substantive Law Division Chair Age discrimination in Florida is on the rise .......................................... 7 Jana McConnaughhay, Tallahassee Member News .......................................................................................... 9 Secretary Congratulations to new CELAs! ............................................................. 9 Robert Mark Morgan, Jacksonville Treasurer Mark your calendar ................................................................................. 9 Patricia I. “Tish” Taylor, Stuart Annual Meeting Memories .................................................................... 10 Editor ELS committee list ................................................................................ 11 Susan Trainor, Tallahassee Committee reports: Copy Editor Legislative Committee .................................................................... 12 Arlee J. Colman, Tallahassee Unlicensed Practice of Law Committee ......................................... 12 Section Administrator Letter from TFB UPL Committee ......................................................... 13 Lynn M. Brady, Tallahassee Layout Can you always have your Medicaid cake with VA icing on top? ....... 15 Statements or expressions of opinion Retaining clients and increasing revenue in a tough economy ........... 17 or comments appearing herein are Writing for FAQs ................................................................................... 19 those of the contributors and not of The Florida Bar or the section. ELS Annual Retreat .............................................................................. 20 The Elder Law Advocate will be glad Tips & Tales: Building flexibility into a third party SNT ................... 21 to run corrections the issue following the error. Summary of selected caselaw................................................................ 24 Fair Hearings Reported......................................................................... 25 The deadline for the FALL ISSUE is October 15, 2009. Articles on any topic of interest to the practice of elder law should be submitted via email as COVER ART: an attachment in MS Word format to Patricia I. “Tish” Taylor, Esquire, pit@ “The Eagle Has Landed,” pastels, mcsumm.com, or call Arlee Colman artist – Arlee J. Colman. at 1-800-342-8060, ext. 5625, for ad- Private collection of Terry Hill, The Florida Bar. ditional information. 07/09 Congratulations to new CELAs, ELS award winners As I come to the end of my tenure increase and more and more aging dar and required meetings, CLEs, ad- as chair of the Elder Law Section, I clients will require our assistance. ministrative functions, The Advocate can think of no nicer way to wrap up In addition, many of us, as well as and the section’s website, legislative my official duties than to congratu- others, are concerned caregivers who positions and considerations for the late our newest certified elder law provide the care our parents desire, next legislative session. attorneys (CELAs). CONGRATULA- and many need the specialized coun- Your Executive Council is pre- TIONS to Genny Bernstein, Jill seling an elder law attorney can pro- pared to lead through the coming Burzynski, Sara Caldwell, Amy vide. year. However, one issue became very Fanzlaw, John Griffin, Jana Mc- I have been privileged to serve as apparent throughout our training; we Connaughhay, Leonard Mond- chair this year and have had the op- need additional section members to schein, Stephen Taylor, Marjorie portunity to work with an amazing get involved. We invite you to join a Wolasky and Enrique Zamora for Executive Committee. The section is committee by contacting the commit- earning this important distinction. very fortunate to have such a talented tee chairs. All of the committees and To become board certified in elder group of individuals leading our orga- their chairs are listed on the elder law law, an attorney must have substan- nization. A very big thank you to our website, www.eldersection.org. tial involvement in all aspects of plan- incoming Chair Babette Bach, Chair- Many of you have asked during my ning for aging, illness and incapacity tenure how to be asked to speak at on a full-time basis for at least five a CLE, how to get on the Executive years with 40 percent or more of his Council or how to get more involved in or her practice focused on elder law Message general with the section. Attendance during the two years immediately at the Executive Council meetings preceding certification. Each board from keeps you up to date and will help certified lawyer has passed peer re- you determine which committee(s) view, completed 60 hours of continu- the you may have an interest in as well ing education within the three years chair as provide the opportunity to get to immediately preceding application know your fellow members. and has passed a written examination As an Elder Law Section member, Linda R. Chamberlain demonstrating knowledge, skills and you are invited to attend the Execu- proficiency in the field of elder law. tive Council meetings as well as any Currently there are 81 board cer- elect Len Mondschein, Administra- committee meetings. Many of the tified elder law attorneys in Florida. tive Chair Enrique Zamora, Substan- committee meetings provide the op- I encourage all of you meeting the tive Chair Twyla Sketchley, Secretary portunity to obtain continuing educa- requirements to apply for Elder Law Jana McConnaughhay and Treasurer tion credit and/or to analyze existing Certification; the filing period is open Robert Morgan. We appreciate your law as well as to advocate for our beginning July 1, 2009, and applica- dedication, expertise and hard work clients. For those of you with a desire tions must be filed by Aug. 31, 2009. to further the mission of our organi- to make a change, join a committee The application, requirements and zation. I am grateful to have served and start preparing for our next leg- exam specifications can be found on with each of you. islative session—there are sure to be The Florida Bar’s website, www.fla- This year we remained focused on some hot topics. bar.org. our section’s mission and long-range As we moved through the legisla- Elder Law Certification recog- action plan developed in 2007. Part tive session this past year, we ran nizes competency in the following of our long-range action plan was to into several road blocks by not hav- core areas: Health and Personal elect officers prior to the end of our ing an elder law legislative position Care Planning; Pre-Mortem Legal existing officers’ terms to allow for approved by The Florida Bar. A leg- Planning; Fiduciary Representation; continuity so our new leaders could islative position allows our section Legal Capacity Counseling; Public act more efficiently from the begin- to advance or stop/amend legislation Benefits Advice; Probate and Trust ning of their terms. We have imple- through support or opposition, to re- Administration; Insurance; Resident mented this process; the old and new spond to requests for assistance in Rights Advocacy; Housing Counsel- Executive Committees met in March writing legislation and proposed rules ing; Employment and Retirement; and developed orientation training for and to effectively lobby as the Elder Income, Estate and Gift Tax; Torts all members of the Executive Council. Law Section. Our bylaws provide that Against Nursing Homes; Age/Dis- The Executive Council is composed no legislative position may be taken ability Discrimination; and Litigation of the section’s officers, past chairs that is contrary to the legislative po- and Administrative Advocacy. for the five preceding years and the sition of The Florida Bar and that a Elder law will continue to be a chairs/co-chairs of all standing com- legislative position of the section may much needed legal practice area as mittees and special committees. The not be advanced or supported before the number of boomers continues to training reviewed the annual calen- continued, next page The Elder Law Advocate • Vol. XVII, No. 2 • Summer 2009 • Page Message from the chair Tish Taylor has been the editor of Florida Elder Law Attorneys. Gover- from preceding page The Elder Law Advocate for many nor Lawton Chiles declared Sept. 6, years, finding volunteers to write ar- 1996. as Charlotte E. Brayer Day, rec- ticles, encouraging those who have ognizing her dedication to pro bono volunteered to complete articles and service and commitment to seniors. any public body until the Board of ensuring that we receive updated in- At the age of 64, Charlotte was admit- Governors has reviewed (and not formation on a regular basis. This ted to The Florida Bar. Twyla Sketch- disapproved of) the position. year, The Advocate made the move
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