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Presenter: Matthew P. Albanese and 9 more

Seminar Date:

Seminar Location: Waltham, MA

Hilton Garden Inn
420 Totten Pond Road
Waltham, MA 02451
Phone: 781-890-0100

This seminar is closed or full.

Agenda:

Registration:                        8:00 - 8:30 am

Morning Session:                8:30 am - 12:15 pm

Lunch (On your own):         12:15 - 1:15 pm

Afternoon Session:             1:15 - 5:00 pm


Continuum of Care Overview and
MassHealth Long-Term Care Update

M. Albanese, P. Greenfield

   Setting the stage for the current marketplace and how to finance care in 2018:
      Independent living, assisted living, continuing care retirement communities,
      home care and skilled nursing facilities
   MassHealth qualification strategies
      • Proposed regulation update
      • Advanced planning strategies in 2018: trusts, life estate deeds,
        caregiver contracts, lease agreements
      • Crisis planning strategies in 2018: annuities, pooled trusts, sole benefit trusts,
        caretaker child deeds, joint interest transfers


How to Get Assistance from MassHealth
with the Cost of Home Care and Assisted Living Facilities
P. D’Agostino

   Coverage at home: home and community-based services waiver, personal care attendant,
      adult foster care, community choices
   Coverage in an assisted living facility: program for all inclusive care for the elderly,
      senior care options


The MassHealth Application Process
A. McIntyre

   Obtaining verifications and preparing the application
   Meeting deadlines and setting client expectations
   Understanding MassHealth notices and maintaining eligibility


Outlook for the Future: Massachusetts and National Views
W. Brisk
S. Lannik

Other MassHealth Cases of Note
P. K. Martin

   Update on due process cases
   Review of pleadings to begin a due process challenge
   Update on local/national pooled trust cases
   Update on national elective share cases


Best Practices for Representing Clients at
Administrative Appeal or 30A Proceeding
C. Klyman

   “Fair” hearing basics
      • Pre-hearing prep
      • To brief or not to brief
      • Making a record
   Judicial appeal basics
      • Pleadings, procedures and presentation
      • It’s so hard to win, but losing can be worth the effort


Miscellaneous Issues in Estate Planning and Administration
J. Younger

   Capitol gains issues Partition, life estates, and spousal elective share
   Valuing life estates Exempt property
   Interesting new cases


MassHealth Estate Recovery:
How to Deal with Claims and Resulting Litigation
L. Neeley

   Timeline of MassHealth estate recovery process
   Exceptions to recovery and filing a Notice of Disputed Claim
   Litigating disputed estate recovery claims
   Long-term care insurance exemption
   Notable estate recovery cases

Credit Information:

Who Should Attend

  • Accountants/CPAs
  • Attorneys
  • Certified Financial Planners

Certified Public Accountants
     8.0 CPE Hours

Attorneys
     Non-Credit Massachusetts CLE
     7.0 Maine CLE Hours
     7.0 New Hampshire CLE Hours
     8.0 New York CLE Hours
     7.0 Vermont CLE Hours

Certified Financial Planners
     8.0 Continuing Ed. Hours


Continuing Education Credit Information

This seminar is open to the public and offers continuing education credit to attorneys, accountants and financial planners.

The Massachusetts Board of Public Accountancy accepts courses from providers that are members of NASBA’s National Registry of CPE Sponsors.

HalfMoon Education Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.NASBARegistry.org. Complaints can also be directed to Doug Chapman at doug@halfmoonseminars.org. Sponsor No. 103015.

The Maine Overseers of the Bar has approved this course for 7.0 CLE hours for attorneys.

HalfMoon Education is certified by the New York State CLE Board as an Accredited Provider of CLE programs. This traditional format course offers 8.0 CLE hours, consisting of 8.0 Areas of Professional Practice hours suitable to new and experienced attorneys.

This course offers a CLE opportunity to New Hampshire attorneys. Courses are no longer subject to preapproval in New Hampshire. HalfMoon Education is an approved CLE provider for Vermont attorneys and this course offers 7.0 CLE hours.

HalfMoon Education Inc. is a CFP Board-registered continuing education sponsor. The Certified Financial Planner Board of Standards, Inc. has granted 8.0 hours of continuing education credit for the completion of this seminar.

Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers:

Matthew P. Albanese

Matthew P. Albanese is the founding attorney of Albanese Law, LLC, in Milton and concentrates his practice in estate planning, elder law, mental health law and disability law. He serves as president of the Massachusetts Chapter of the National Academy of Elder Law Attorneys, served as chair of their 24th Annual Elder Law Institute, has written articles on estate planning and frequently lectures on estate planning techniques and long term care planning. Prior to his employ in private practice, Mr. Albanese served as the legal counsel to the Massachusetts House of Representatives Committee on Medicaid. He was appointed by the Governor of the Commonwealth of Massachusetts to serve on the Massachusetts Elder Economic Security Commission.

William J. Brisk

William J. Brisk is a graduate of Brown University (AB), New York University School of Law (JD), and the Johns Hopkins School of Advanced International Studies (MA and PhD). He co-authored three decades ago Legal Planning for the Elderly in Massachusetts and Massachusetts Elderlaw from 2001 until 2014 and has published nearly two dozen articles on elder law topics in the NAELA Journal, NAELA News, Massachusetts Law Review, and Estate Planning. Mr. Brisk served as president of the Massachusetts Chapter of NAELA and served two terms on the Board of Directors. He has lectured on elder law at Boston College and Penn State Law School, and he has taught Elder Law and End of Life as adjunct law professor at Suffolk Law School. For 14 years he prepared material and was a major presenter at this annual event. In December of 2017, he joined Lannik Law as Of Counsel.

Carol Cioe Klyman

Carol Cioe Klyman is a shareholder of Shatz, Schwartz and Fentin, PC. She concentrates her practice in elder law, estate planning, special needs trust planning, preparation of estate and gift tax returns, estate settlement, guardianships, trust and estates litigation, and MassHealth appeals. Ms. Klyman is editor-in-chief of the NAELA Journal, a fellow of the American College of Trust and Estates Counsel, a fellow of the American Bar Foundation, a member of the National Academy of Elder Law Attorneys and past vice president and board member of the Massachusetts chapter of NAELA. Prior to entering law, she worked as a journalist and editor.

Patricia C. D'Agostino

Patricia C. D’Agostino is a partner at Margolis & Bloom, LLP, practicing in estate and long-term care planning, MassHealth applications and appeals, planning for children with special needs, settlement planning, guardianship and conservatorship, and probate administration. Attorney D’Agostino has developed a specialized practice in the area of advising clients how to supplement the cost of care at home or in an assisted living facilities through the use of a myriad of MassHealth, Veterans, and low-income programs.

Pamela B. Greenfield

Pamela B. Greenfield is the founder of Greenfield Planning Group, LLC. Prior to opening GPG in July 2018, she headed the elder law department at Samuel, Sayward and Baler, LLC, where she continues to serve as of counsel to the firm. Attorney Greenfield focuses her practice in elder law, asset protection planning and complex MassHealth applications and appeals. She additionally represents families and skilled nursing facilities in guardianship and conservatorship matters as well as probate and estate administration. Attorney Greenfield is also an estate planning attorney for clients of all ages. Attorney Greenfield is an active a member of the National Academy of Elder Law Attorneys, Massachusetts Chapter, where she currently serves on the Board of Directors and as vice president.

Patricia Keane Martin

Patricia Keane Martin is a partner at Pabian & Russell, LLC, concentrating her practice in the areas of estate planning, elder law, disability benefits planning, probate and trust administration. She has extensive experience with all aspects of probate litigation. Ms. Keane Martin regularly serves as trustee of special needs trusts and as a court appointed guardian ad litem. She presents for MCLE at the MassHealth Process from Application to Approval and chaired a new program entitled Use of Guardianships and Conservatorships for Individuals with Fluctuating Capacity. She is an active member of NAELA in which she serves as co-chair of the public policy and litigation review committees. Ms. Keane-Martin is a graduate of William Smith College and Suffolk Law School.

Susana Lannik

Susana Lannik founded her firm, Lannik Law, LLC, which concentrates in the areas of elder law, estate planning, probate of estates and guardianships. She is co-author with Debbie Papay of Bloopers in Estate Planning and Elder Law. She also creates and updates a Consumers’ Guide to Asset Protection and Long-Term Care Options for her clients. Last May Ms. Lannik co-authored an article with attorney Bill Brisk in Estate Planning magazine called “Long-Term Care Insurance Crisis Calls for Creativity.” She is a graduate of Boston University (MA), and Suffolk University Law School (JD).

Amy L. McIntyre

Amy L. McIntyre is paralegal at Mirick O’Connell in Worcester, Massachusetts, in the Trust and Estates Department. She concentrates in the asset restructuring process and the MassHealth qualification of elders seeking community-based and long-term care benefits, as well as trust and estate administration matters. She received her master of science degree in Management from Worcester State University. Ms. McIntyre is a member of the Central Massachusetts Paralegal Association and is currently serving as vice president of the association.

Lisa M. Neeley

Lisa M. Neeley is of counsel with the firm of Mirick, O’Connell, DeMallie and Lougee, LLP, where she is a member of the Trusts and Estates practice group. She earned her law degree, cum laude, from New England School of Law in Boston. Over the past several years, Ms. Neeley has been lead counsel in a number of irrevocable trust and other Medicaid litigation matters, most notably the recent cases of Heyn v. Director of the Office of Medicaid and Daley v. Executive Office of Health and Human Services. She concentrates her practice in assisting clients to obtain Medicaid eligibility for both long-term and community-based care. Ms. Neeley is a member of the Board of Directors of the Massachusetts Chapter of the National Academy of Elder Law Attorneys and is a fellow of the American College of Trust and Estate Counsel.

Joblin C. Younger

Joblin C. Younger is founding partner of the Law Office of Joblin C. Younger, P.C. in Beverly, where he concentrates his practice in the areas of taxation, trusts, estate planning and administration, and probate litigation. He received his LL.M. degree in Taxation from the Boston University School of Law, his J.D. degree from Suffolk University Law School, and his B.A. degree from The City College of New York. Mr. Younger is admitted to practice in Massachusetts and New York, and serves as a Public Administrator of Suffolk County.

Tuition Costs:

Standard Tuition: $299.00
Online Tuition (pre-registration): $299.00
Group Prices
3 or more People: $279.00

Each registration includes one copy of a manual prepared by the seminar speakers.