3CLE credits/ 1Ethics, 1Skills and 1Professional Practice
(Traditional Format/Transitional)
Presenter: Professor Joseph Rosenberg (Supervising Attorney, CUNY Elder Law Clinic)

Joseph Rosenberg is a Professor of Law at CUNY School of Law and a Supervising Attorney in the Elder Law Clinic. He is co-author, with David Goldfarb, of the practice treatise New York Elder Law (LexisNexis). His law review articles have explored adult guardianships in New York, supplemental needs trusts for people with disabilities, and professional responsibility issues in elder law practice. Joe graduated with CUNY Law's inaugural class in 1986.

Topics to be discussed:

These 3 sessions are designed to take the general practitioner or "non-expert" Elder Law attorney through a series of potential clients, from intake to completion of work. The sessions will be interactive and practical, and by the end of each session the participants should be able to apply what they learn to their practice right away.

Part I -Thursday, September 22, 2011

The first session will begin with a discussion of the scope of Elder Law issues that arise frequently in community based practices, with older clients and the families and friends of older clients. Participants will learn how to go beyond the basics in drafting wills, power of attorney, health care directives, and putting them all together in an estate plan for a range of different clients.

Part II - Thursday, October 27, 2011

The second session will focus on advanced issues that arise within the intersection of Estate and Medicaid Planning, including Medicaid rules governing transfers, liens, and estate recovery, and supplemental need trusts for people with disabilities.

Part III - Thursday, November 17, 2011

The final session will focus on representing clients and obtaining and obtaining court appointments in adult guardianships under Article 81 of the Mental Hygiene Law. This session will begin with an assessment of wether a person needs a guardian, analyze Article 81 pleadings and process, the hearing (including the role of the court evaluator and attorney for the person alleged to be incapacitated) and the roles and responsibilities of a guardian.