NYSBA FALL 2001 | VOL. 11 | NO. 4 Elder Law Attorney A publication of the Elder Law Section of the New York State Bar Association Message from the Chair What are the most sig- meeting. In light of the impending release of the Birn- nificant issues that you face baum Commission Report on Fiduciary Appoint- in your practice? As elder ments, having a forum such as the House of Dele- law attorneys, our answers gates to address our guardianship concerns will be to that question will vary. timely and valuable. Are the issues substantive— The Elder Law Section Summer Meeting was Medicaid, guardianship, held August 8-12 in Florence, Italy, the first-ever joint Medicare, estate planning, session with the Trial Lawyers Section, and it was a tax law changes, et al.; or are remarkable success. Presentations by Section mem- they practice oriented—how bers Joan Robert, Steven Rondos, Robert Kruger and do I computerize, market, Bernard Krooks, were all well done and well manage, bill, get retained, received. The participation of Judges Levine, Car- hire, fire and find time for family, friends, life? dona and Nicolai added an aura of judicial credibili- A bar association is a collection of attorneys with ty, and each of the judges proved to be able presen- common interests, designed to serve and help man- ters and excellent listeners to the members of both the age the legal profession. In New York, the House of elder law and trial bars. The tour that preceded the Delegates is the state bar’s governing body, and in conference, which was planned by Mitch Rabbino June I had an opportunity to attend its meeting in and Ellen Makofsky, was a grand tour of northern Cooperstown. The issues addressed by the “big bar” Italy, and by all reports it was magnificent. The other impact each of us, such as new Multidisciplinary events at the conference, ably coordinated by Cather- Practice Rules; the requirement that attorneys send ine Dolginko and Kim McHargue of the State Bar clients confidentiality notices; new rules on mandato- Association, included a very popular cocktail recep- ry arbitration of fee disputes; and more. New Associ- tion at the Bargello Palace, which houses an impres- ation President Steven C. Krane has set a broad man- date, and his approach will help the state bar serve its members well, and advance the cause of attorneys in Inside this Issue all fields. Editor’s Message . .3 NYSCA AND THE CONTINUUM OF CARE President Krane in turn attended our Section’s The New York State Coalition for the Aging . .4 Executive Committee Meeting on August 8, and (Greg Olsen) expressed a keen interest in helping our Section fulfill The St. Lawrence County Office for the Aging . .9 its obligation of advancing the cause of elder law in (Barbara R. McBurnie) New York State. Legislative actions and proposals, The Delivery of EISEP Services in New York City . .13 guardianship reform, judicial issues, MDPs in elder (Glee Kleinberg) law, CLE and law school issues were among the top- Multi-Service Senior Centers—The Amherst Center . .18 ics discussed, and Mr. Krane displayed an ability to (Mary Ellen Walsh) quickly understand our issues, and offer practical Retirement Lifestyle Alternatives . .21 advice on how to solve them. At his recommendation, (Kathleen Johannsen and Diane Stork) we are submitting the Section’s report on MHL Arti- Caregivers: The Quiet Heroes . .24 cle 81 to the House of Delegates, along with a pro- (Marty Haase) posed resolution, to be discussed at its November ELDER LAW NEWS . .27 sive collection of Renaissance sculpture including stimulate discussion in New York State. Senator several Michelangelo’s, which was surpassed only by Durenburger was joined by Judy Feder, Dean of Poli- the gala reception and dinner at the Villa D’Maiano, cy Studies at Georgetown University, and a top built in 1400 in the hills overlooking Florence with a health policy expert, and a stellar panel of representa- spectacular panoramic garden overlooking the city. tives from provider groups, insurance companies, the Museums, art galleries, and trips to Siena, Pisa and state legislature and executive branches, consumer Chianti rounded out an exceptional program. groups and our own Elder Law Section. In-depth analysis on issues of long-term care financing, The Section's Fall Meeting was held at the Albany Medicare, Medicaid, private insurance, and other Marriott on October 10-12, 2001. Following an Execu- proposals for government and private-sponsored tive Committee Meeting on October 10, a substantive programs was done, and on Friday, October 12, the presentation chaired by Bob Freedman was conduct- Section held its annual Advanced Institute, with ed from 2:00-5:00 p.m. on the topic of “Counseling expert speakers on a broad range of elder law topics. Clients on Paying for Long-Term Care.” Section mem- This program has consistently been one of the highest ber Peter Strauss spoke on long-term care insurance rated seminars by those Section members who have and its impact on housing and care options, and a attended. special presentation was made by Susan Peerless from the New York State Department of Health, who Our January meeting, which is part of the Annual spoke to us on Governor Pataki's Senior Housing Pro- Meeting of the State Bar Association in New York gram, including an assisted living bill which is to be City, is being chaired by Dan Fish. The program will developed this fall. On Thursday, October 11, an focus on practical issues facing the elder law attorney, intensive forum was conducted on long-term care including the use of trusts, Medicaid transfers, deeds financing, which included a keynote address from with retained life estates and other timely and impor- former U.S. Senator David Durenburger, founder of tant topics. Citizens for Long-Term Care in Washington, D.C. Now that the summer is over, we all need to roll Senator Durenburger's work on long-term care up our sleeves and get back to work. Get involved; I reform has gained national attention, and his efforts encourage each of you to join a committee and attend to build a coalition to reform the long-term care sys- the committee meetings. Enjoy your autumn. tem in America parallels the efforts of our Section to Louis W. Pierro Join the ELDER LAW SECTION LISTSERVE for a lively discussion of substantive and practical elder law issues To join send a blank e-mail to: [email protected] You can also access or join the Listserve through the Section private member area at: http://www.nysba.org/sections/elder/ 2 NYSBA Elder Law Attorney | Fall 2001 | Vol. 11 | No. 4 Editor’s Message Over the past several our own; that our clients be able to obtain the highest years, my firm has become a quality of care, dignity and security as they age. big supporter of the New It is with all this in mind that I dedicate this Fall York State Coalition for the 2001 edition of the Elder Law Attorney to NYSCA and Aging (NYSCA). I remember the Continuum of Care. The first article in this issue the first time that I heard was written by Greg Olsen, who currently serves as about the organization was NYSCA’s Executive Director, and whose help was when a member of my staff, invaluable in putting this entire THEME together. On Barbara Wolford, L.P.N., behalf of the entire Elder Law Section of the New who serves as our in-house York State Bar Association, I thank you Greg. His arti- Geriatric Care Manager, cle will introduce you to NYSCA, its services and its introduced it to me after goals. Following Greg’s article are five other articles joining its board. Since then I have come to appreciate which highlight certain members of NYSCA and their the invaluable contributions it brings to the aging role in the continuum of care. While there are literally community and I have, in turn, made the personal hundreds of NYSCA members and hundreds of parts commitment to serve as the honorary chair of its which make up the whole continuum of care, these annual membership event. articles are meant to honor the concept of the contin- Prior to my introduction to NYSCA a few years uum of care, rather than trying to cover the entire ago, I was completely unaware of what it was and field. what its role was in the aging community. Since then I trust that you will find this issue interesting and I have come to learn what it stands for: that older that it will help you counsel your clients as together adults have the right to live as independently as pos- we try to navigate the waters of the continuum of sible, with dignity, in their homes and communities care. It is nice to know that NYSCA is out there to with the appropriate support services. To this end, help. Helping elder law attorneys is clearly within its NYSCA unites all of the government, not-for-profit mission because we are clearly part of the continuum and for-profit organizations that serve the elderly in of care ourselves. And as members of this continuum this capacity. These organizations comprise the of care, it is appropriate for us to be members of NYSCA membership. NYSCA and have a voice in supporting our common What NYSCA really accomplishes is the coordi- goals. I urge you to join and become involved. nation of the continuum of care. The truth is that In addition to our THEME section, please also there are many great organizations that serve the enjoy our NEWS section, which contains timely arti- elderly in their homes and in their communities, but cles on the many aspects of our elder law practices.