"Fundamentals of Guardianship" Workshop

A "Fundamentals of Guardianship" workshop will be presented in Pittsburgh, PA on Monday, August 18, 2008, by The National Guardianship Association, Inc.

Tailored to the Needs and Interests of Guardians in Pennsylvania This workshop will benefit professional guardians in private or public practice and family or volunteer guardians, as well as professionals that work in a collateral capacity with guardians.

Each person will receive a copy of NGA’s publication “The Fundamentals of Guardianship,” which the presenters will reference throughout the workshop.

The sponsoring organization, NGA, holds a mission "to establish and promote a nationally recognized standard of excellence in guardianship." To this end, it publishes its "Standards of Practice", 3rd Edition (2007, PDF, 27 pages), available online, which was first prepared in 2000 and is regularly updated.

In this work we have drawn on a number of collective sources. First and foremost have been NGA members who have contributed extensive time and energy and valuable input into the development of these standards. The Model Code of Ethics for Guardians, developed by Michael D. Casasanto, Mitchell Simon, and Judith Roman and adopted by the NGA, has formed the foundation from which the standards were developed.

Other very important sources that Standards of Practice, National Guardianship Association helped in the creation of our standards of practice are the U.S. Administration on Aging, the AARP, the Center for Social Gerontology, the Michigan Offices of Services for the Aging, and the state associations from Arizona, Washington, California, Illinois, Minnesota, and Michigan. * * *

The NGA Ethics and Standards Committee is proud to announce that the NGA Standards of Practice for Guardians have been acknowledged by this national group of guardianship experts and are being endorsed as the model standards to be followed by all guardians in the United States.

The Workshop is promoted on the website of the National College of Probate Judges, which demonstrates the support of that organization for the work of NGA in general.

NCPJ posted an article, entitled "Guardianship Monitoring: A Demographic Imperative", by Hon. Steve M. King, which addresses court monitoring of guardianships.

Demographic trends are converging to create an unprecedented increase in guardianships. State courts are faced with the responsibility of ensuring their wards receive appropriate care without exploitation and neglect. A decades-long process of improving court monitoring of guardianships continues as the federal government focuses on the issue.

NCPJ is part of a larger group of state court judges concerned about elder abuse, as evidenced by a Press Release, dated June 15, 2006, issued by the National Center for State Courts, entitled "National Center for State Courts Leads Court Improvement Efforts in the Area of Elder Abuse".

[T]he National Center for State Courts (NCSC) today released a seminal Policy Paper resulting from the first-ever meeting of the Elder Abuse and Courts Working Group in April [2006].

The Policy Paper outlines specific products, strategies, and recommendations that can be developed and implemented to increase awareness among the judiciary and improve court responses to the serious and growing problem of elder abuse, neglect, and exploitation. The report can be found [here. (June 12, 2006, PDF, 21 pages)].

The multidisciplinary Elder Abuse and the Courts Working Group is comprised of many of the nation’s elder abuse experts, with representation from courts, criminal justice agencies, adult protective services, advocacy and legal organizations and government agencies.

The Working Group was established by the NCSC in 2005 to increase judicial awareness, build court capacity, and develop tools that courts can use to improve the identification of and response to the growing problem of elder abuse.* * *

The upcoming Workshop in Pittsburgh "will cover guardianship practice and application of recognized standards and then address the specifics of guardianship under Pennsylvania law and regulations." It will be led by three presenters:

• Sally Hurme, JD -- Senior Project Manager with AARP Financial Security

• Vicki V. Alkire, MG, CPHQ, CMCA -- Founder and President of Viable Alternatives, Inc.

• Judge Frank J. Lucchino -- Administrative Judge for the Orphans' Court Division, Court of Common Pleas of Allegheny County, PA.

This is the schedule posted for the Workshop:

8:00 am Registration Desk opens
9:00 am Workshop General Session with Sally Hurme and Vicki Alkire

* What is guardianship
* Alternatives to guardianship
* Rights of individuals under guardianship
* Responsibilities of a guardian

Noon Group Lunch for Networking

1:00 pm Workshop General Session Continues

* Fiduciary Principles
* Serving as Guardian of the Person
* Serving as Guardian of the Estate

3:00 pm Guardianship In Pennsylvania featuring Judge Frank J. Lucchino

4:00 pm Workshop Adjourns

The Workshop will be held at the Crowne Plaza (Pittsburgh International Airport), 1160 Thorn Run Road Extension, Coraopolis, PA 15108. Further registration information regarding the upcoming NGA Workshop can be accessed online here, which includes an Online Registration Form, a PDF Registration Form, and a PDF Brochure.

President's Veto on Medicare Overridden

On July 16, 2008, National Public Radio reported in a broadcast segment entitled "Congress Overrides Bush Veto On Medicare Bill" by Julie Rovner, that "President Bush's veto of a Medicare bill didn't survive Congress".

The House and Senate were able to easily override his attempt to strike down a bill that protects doctors from a more than 10 percent cut in their Medicare reimbursement rates. It was the third veto override of the Bush presidency.

The legislation vetoed was H.B. 6331, the "Medicare Improvements Patients and Providers Act of 2008."

On July 12, 2008, Julie Rovner & Andrea Seabrook had reported in another NPR broadcast "Medicare Bill Passes Despite Veto Threat" that provided more background and links to prior reports.

Congress this week passed — by a veto-proof margin — legislation to cancel a 10.6 percent pay cut to doctors who care for Medicare patients.

But President Bush says he'll veto it anyway, because the bill also reduces funding to private insurance plans that participate in Medicare. * * *

President Bush's Message to the House of Representatives, dated July 15, 2008, relaying his veto, recited his reasons:

I am returning herewith without my approval H.R. 6331, the "Medicare Improvements for Patients and Providers Act of 2008." I support the primary objective of this legislation, to forestall reductions in physician payments. Yet taking choices away from seniors to pay physicians is wrong. This bill is objectionable, and I am vetoing it because:

• It would harm beneficiaries by taking private health plan options away from them; already more than 9.6 million beneficiaries, many of whom are considered lower-income, have chosen to join a Medicare Advantage (MA) plan, and it is estimated that this bill would decrease MA enrollment by about 2.3 million individuals in 2013 relative to the program's current baseline;


• It would undermine the Medicare prescription drug program, which today is effectively providing coverage to 32 million beneficiaries directly through competitive private plans or through Medicare-subsidized retirement plans; and


• It is fiscally irresponsible, and it would imperil the long-term fiscal soundness of Medicare by using short-term budget gimmicks that do not solve the problem; the result would be a steep and unrealistic payment cut for physicians -- roughly 20 percent in 2010 -- likely leading to yet another expensive temporary fix; and the bill would also perpetuate wasteful overpayments to medical equipment suppliers. * * *
  

The lobbying effort to overturn the veto was substantial -- by AARP (see "AARP Makes Medicare Override A "Key Vote" - Association Will Report Roll Calls To Its 39 Million Members", July 16, 2008), by the American Medical Association (see "Congress hears patient and physician voices and overrides presidential veto to stop Medicare physician payment cuts ", July 15, 2008), and by the American Public Health Association (see "APHA Applauds Congressional Override of Medicare Veto", July 15, 2008), among many other groups.

Nancy H. Nielsen, MD, the President of the AMA -- perhaps the group most affected by the cuts in Medicare payments -- issued a statement after the veto was overridden by Congress:

"The 10.6 percent cut in payments to physicians who treat Medicare patients would have been devastating to seniors and the disabled who rely on Medicare for the health care they need, as well as to military families who rely on TRICARE for their health care.

"This congressional debate underscores the need for lawmakers to permanently replace the flawed Medicare physician payment formula so physicians can focus on the real work at hand: taking care of patients.

"We are encouraged that this bill stops Medicare cuts for the next 18 months and gives physicians a 1.1 percent payment update to help payments keep up with the increasing cost of providing health care to seniors. Current Medicare payments to physicians are about what they were in 2001, while the cost of running a medical practice has increased substantially.

"The bill contains a number of other important provisions, including an extension of expiring provisions that boost payments in rural areas, bonuses for quality reporting, a phase-out of higher co-pays for mental health services, an expansion of the medical home demonstration project and increased payments for anesthesia teaching programs.

"Along with the AMA, many patient, physician, and military groups called on Congress to pass this bipartisan bill. The only group opposing the bill was the health insurance lobby, which was eager to protect health plan subsidies and profits. Seniors, the disabled, and military families celebrate with us today as this bill becomes law to protect their access to needed health care."

One politician, the Speaker of the House, Nancy Polosi, was quoted in a news report entitled "With Override of President's Veto, Congress Will Strengthen Medicare for America's Seniors" regarding the bi-partisan support for the override.

"All of the seniors' organizations, disabilities groups, of course, support this legislation. But just about every health care providing group in our country supports this legislation as well.

Except one, and that is some in the health insurance industry and I guess the President is voting with them and not with America's seniors and those with disabilities when he vetoed the bill.* * *

This is a stunning display of the political power of health care providers and elder advocates. But it does not solve the long-term concerns for a viable health care system in America.

Disappearing Versus Growing Jobs

On July 2, 2008, Forbes Magazine published an article entitled "America's Top 20 Growing And Disappearing Jobs", which examined 800 occupations for trends in employment. The results reflect an aging population, among other factors.

Using 2007 data (U.S. National, State & Metropolitan Area Occupational Employment & Wage Estimates) and referencing results of a national survey of employers in all industry sectors, the article identified certain jobs that are growing in number, versus those that are disappearing.

The expansion of an aging population nationwide is reflected in these employment trends, I believe.

For example, the article notes that job opportunities for health care providers and home health aides, which relate to personal care, will increase:

Most of the growing job opportunities are at the non-specialist, or unskilled, end of the field, though they run the full gamut of wage levels.

Non-specialist physicians and surgeons earn an average $155,150 a year, while home health aides average $20,850 a year and had the largest absolute increase in numbers -- up 83,100 to 834,580, a year-on-year increase of 11%. * * *

On the other hand, declining jobs more relate to manufacturing:

The disappearing jobs are concentrated in the lower third of the pay range, though the field work was done before the onset of the credit crisis, so it precedes recent job losses in the housing and financial services industries

The disappearing jobs list also reflects the continuing long-term decline of no- and low-skilled manufacturing jobs in the U.S. -- sewing machine operators, engine assemblers, machine tool setters, home appliance repairers and textile knitting machine operators.* * *

I selected four job categories from each of the twenty that are disappearing and the twenty that are growing. These demonstrate an environment into which our aging population now proceeds:

Disappearing Jobs:

• Health Diagnosing and Treating Practitioners, Miscellaneous -- Non-specialist health diagnosing and treating practitioners. --2007 Jobs (44,350) vs. 2006 Jobs (53,270) = Percent Loss: -16.74%
  

• Tax Examiners, Collectors and Revenue Agents -- Determine tax liability or collect taxes from individuals or business firms according to prescribed laws and regulations. --2007 Jobs (65,750) vs. 2006 Jobs (75,160) = Percent Loss: -12.52%

• Compensation and Benefits Managers -- Plan, direct or coordinate compensation and benefits activities and staff of an organization. Include job analysis and position description managers. -- 2007 Jobs (41,780) vs. 2006 Jobs (46,640) = Percent Loss: -10.42%
  

• Word Processors and Typists -- Use word processor/computer or typewriter to type letters, reports, forms or other material from rough draft, corrected copy or voice recording. May perform other clerical duties as assigned. Excludes data enterers, secretaries and administrative assistants, court reporters and medical transcriptionists. --2007 Jobs (139,420) vs. 2006 Jobs (153,530) = Percent Loss: -9.19%
  

Growing Jobs:

• Counselors, Miscellaneous -- All counselors; not substance abuse, educational, family, mental health or rehabilitation counselors. --2007 Jobs (28,900) vs. 2006 Jobs (24,260) = Percent Gain: 19.13%
  

• Physicians and Surgeons, Miscellaneous -- Non-specialist physicians and surgeons. -- 2007 Jobs (237,400) vs. 2006 Jobs (208,960) = Percent Gain: 13.61%

• Home Health Aides -- Provide routine, personal healthcare like bathing, dressing or grooming, to elderly, convalescent or disabled persons in the home of patients or in a residential care facility. 2007 Jobs (834,580) vs. 2006 Jobs (751,480) = Percent Gain: 11.06%
  

• Personal Financial Advisors -- Advise clients on financial plans utilizing knowledge of tax and investment strategies, securities, insurance, pension plans and real estate. Duties include assessing clients' assets, liabilities, cash flow, insurance coverage, tax status and financial objectives in order to establish investment strategies. --2007 Jobs (132,460) vs. 2006 Jobs (119,690) = Percent Gain: 10.67%

To view the entire Forbes' list of twenty jobs in each category, see:

• In Pictures: America's Top 20 Growing Jobs

• In Pictures: America's Top 20 Disappearing Jobs

Seniors in the Heat

The Pennsylvania Department of Aging features on its website "Tips for Seniors in the Heat" (06/06/08, PDF, 1 page), by Nora Dowd Eisenhower, the PA Secretary of Aging, who warns "take precautions when it gets sunny and hot."

The tips, posted in the July 2008 issue of "Nora's Notes", are useful for any adult, but are particularly applicable to seniors:

• Be aware of the signs of heat-related illness: cramps, dizziness, headache, nausea and difficulty breathing. Get immediate medical help if you experience any of these symptoms.

• Drink more water. Avoid beverages containing caffeine and alcohol, which can increase the risk of dehydration.

• Dress in loose-fitting, light colored clothing.

• Stay out of the sun as much as possible. If you venture outdoors, use sunscreen and wear sunglasses and a brimmed hat.

• Avoid strenuous activities during the hottest part of the day. Limit outdoor activity to early morning or later in the evening, and carry water with you.

• Do not stay in a car with the windows closed. It is very dangerous and can lead to serious medical problems or even death.

• Eat smaller meals frequently. Don’t leave foods that require refrigeration out in the heat. Don’t use the oven at the hottest times of the day.

• Draw shades or blinds to keep the sun and heat out – but have fresh air circulating.

• Take a cool shower, stay near a fan or go to an air-conditioned library, mall, community or senior center.

• Check on your senior friends, family and neighbors and remind them to call for help if they need it.

We associate extreme heat more with southern and western states, than with northeastern states. However, Pennsylvania suffers its share of heat-related deaths. See: "Heat-Related Deaths -- Philadelphia and United States, 1993-1994" (07/01/94), posted by the Centers for Disease Control.

Mortality from all causes increases during heat waves, and excessive heat is an important contributing factor, particularly among the elderly. During 1979-1991, a total of 5224 deaths in the United States were attributed to excessive heat. * * *

During 1987-1988, 1092 death certificates listed excessive heat as either the primary or a contributing cause of death.

The 118 deaths associated with the 1993 heat wave in Philadelphia underscore the need to recognize risk factors for and institute strategies to prevent heat-related illness. * * *

Persons at increased risk for heat-related illness include the very young (particularly infants), the elderly (i.e., persons aged greater than or equal to 65 years), persons who are physically active in hot environments and fail to rest frequently or to drink enough fluids, and those unable to obtain adequate fluids or avoid hot environments.

However, any person is at risk for severe or fatal heat-related illness if sufficiently exposed. Heat can contribute to or exacerbate underlying illness as well as be the primary cause of illness or death. The use of certain drugs also may increase the risk for heat-related illness * * *

In addition, excessive alcohol consumption may cause dehydration and result in heat-related illness.

The risk for heat-induced illness is greatest before persons become acclimatized to warm environments. Ten to 14 days of exposure to heat are usually needed for acclimatization.

The use of air conditioning reduces the risk for heatstroke and heat-related illness, even if it is available for only part of the day. Because air conditioning is a protective factor, poverty is a risk factor for heat-related illness. * * *

[F]ans are not protective at temperatures higher than 90 F (32.2 C) with humidity greater than 35%.

Persons without home air conditioners should be encouraged and assisted in taking advantage of air-conditioned environments in private or public places (e.g., shopping malls, public libraries, and heat-wave shelters).

Cooling of the body also is possible by immersion in a tub of cool water * * *.

Persons should drink plenty of fluids and exercise only during cooler parts of the day to reduce their risk for heat-related illness. * * * [Footnotes omitted.]

One year ago, on June 18, 2007, a heat wave affecting Pennsylvania caused one county's commissioners to issue an alert, "Bucks County Commissioners Urge Awareness of Heat's Effect on County Seniors":

The Board of Bucks County Commissioners reminds seniors that extreme hot weather can cause serious heat-related illnesses such as heat stroke or heat exhaustion.

Though everyone should take precautions, seniors are especially vulnerable to effects from the heat.

The Bucks County Area Agency on Aging says the best precaution during a heat wave is to remain indoors with an air-conditioner or in a ventilated room with a fan. Unless restricted, drink plenty of water and/or non-alcoholic beverages to prevent dehydration.

The public is encouraged to check in on elderly neighbors, friends and family members. * * *

Those commissioners invited elderly folks to visit a local senior center: "We encourage seniors to visit one of Bucks County’s 13 senior community centers located throughout the county to enjoy activities, lunches and air conditioning."

A recent article posted on June 14, 2008, by Medical News Today, entitled "Extreme Heat Or Flooding Puts Elders At Risk" reinforces the dangers of extreme heat as a regional weather condition to all older residents, and particularly those who live alone or unsupervised:

Heat affects elders more than it does younger people. Dehydration could lead to cardiac or other medical crises. * * *

Elders with impaired judgment caused by mild dementia could be more at risk than their healthy peers as the weather threatens their well-being. * * *

Adult children of aging parents at a distance are stressed and worried. Calling a skilled professional in the area where aging parents live could be the difference between life and death.

A geriatric care manager is a skilled professional who can assist aging family members struggling amidst treacherous weather conditions.

Ignoring this advice can be deadly, and, as to others in care or custody, even criminal.

For a tragic example that occurred recently in White Plains, New York, read the events reported on June 18, 2008, in "NY man charged after dad dies in sweltering car", by Jim Fitzgerald, posted by Yahoo News and many other newspapers nationwide, including the San Francisco Chronicle.

Theodore Pressman left his parents in his black Suzuki in a Peekskill parking lot Monday, as outdoor temperatures reached the mid-80s, police said. The car was in full sun with its windows closed and temperatures inside reached well over 100 degrees, they said. * * *

Police said Pressman's 75-year-old mother, Joyce, was able to get out of the car Monday as the heat built up but was unable to help her husband, 85-year-old Joseph Pressman. The woman weighs about 80 pounds, Johansen said.

"It appears they did not have the physical or mental capacity to deal with the situation," he said. He would not detail the couple's infirmities.

When Pressman returned to the car, his mother was outside but disoriented and his father was unresponsive, police said.

After Pressman called 911, his father was pronounced dead and his mother was treated for heat exposure at a hospital and released.

Peekskill police Chief Eugene Tumolo said that after an autopsy, Joseph Pressman's death was declared a homicide. More charges against Theodore Pressman could be added later, police said.

“It ain't the heat; it's the humility.”
-- Yogi Berra

Update: 07/21/08:

During the recent heat wave, the City of Philadelphia provided 300 fans to elderly residents, according to an article entitled "Phila. will hand out free fans to senior citizens today" published July 17, 2008, by The Philadelphia Inquirer.

In response to the current heat wave, the Philadelphia Senior Center, in conjunction with Comcast-Spectacor, will give away 300 fans on a first-come, first-served basis this morning.

The fans will be distributed from 9 to 11 a.m. at the Senior Center's main branch, 509 S. Broad St. Fans will be given to people 55 or older who can present identification with a birth date on it.

Philadelphia Flyers ambassador Bob Kelly and Philadelphia Phantoms mascot Phlex will be on hand to help distribute the fans. * * *

Spencer Starts "PA Fiduciary Litigation" Blog

On July 3, 2008, Attorney Patti Spencer, of Lancaster, PA, unveiled her new Pennsylvania Fiduciary Litigation blog, hosted by LexBlog. Patti describes herself as "a trusts and estates lawyer and expert witness."

Patti's credentials & experience are impressive. She is a fellow member of the American College of Trust & Estate Counsel. Also, she is a prolific writer, as evidenced by her published books and her weekly “Taxing Matters” column that appears in the Lancaster Intelligencer Journal. Thus, she is well-qualified to become a "blogger".

Through her test period for the blog and to the present, ten postings appeared on her blog. Already she has addressed difficult issues arising in elders' disputes or fiduciary litigation, including:

• Eccentricity is Not Incapacity
• PA Supreme Court reverses Superior Court AGAIN
• Documenting Testamentary Capacity
• Capacity to Make Will
• Probate Predators: Some fairy tales hit too close to home
• Can beneficiaries sue the writer of a will?
• Disinheritance and In Terrorem Clauses

In a sidebar, Patti selected eleven of her favorite blogs on related legal topics. Below those links appear the host of LexBlog's own blog links provided by that vendor to its users.

I am pleased that this PA EE&F Law Blog is found among her personal choices. I have added a link to her blog in the sidebar here, with respect.

I am certain that Patti will make great contributions online in her periodic commentaries on legal developments affecting Pennsylvania fiduciaries.

PBI's 11th Annual "Elder Law Institute"

On Thursday & Friday, July 24-25, 2008, the Pennsylvania Bar Institute will present its 11th Annual Elder Law Institute at the Hilton Hotel & Towers, in Harrisburg, PA.

An email message sent by PBI on June 9, 2008, promoted the 2008 Elder Law Institute:

After more than a decade in the making, the Elder Law Institute has distinguished itself as the best elder law conference around the country. The hundreds and hundreds who attend it each year give it rave reviews. * * *

The backbone of the Institute is the wide-reaching choice of workshops on the most timely and important elder law topics of 2008. You select the sessions that appeal to you most and that will help you to represent your clients better.

Recognizing the complexity of elder law practice, our curriculum helps to prepare you to handle all kinds of challenging elder law issues. In short, it's all covered! * * *

Our impressive faculty is drawn from both inside Pennsylvania as well as around the country. You won't find a better, more informed faculty anywhere.

The Pennsylvania elder law bar is known around the country for having some of the most forward-thinking and informed elder lawyers in the country. It is truly a faculty beyond compare! * * *

PBI's webpage regarding the 2008 Elder Law Institute lists faculty for the sessions:

Dana M. Breslin, Esq., CELA, Pappano & Breslin, Brookhaven

Prof. Lawrence A. Frolik, University of Pittsburgh School of Law, Pittsburgh

Sally L. Schoffstall, Esq., Schoffstall & Focht, Orefield

Linda M. Anderson, Esq., CELA, Anderson Elder Law, Media

Mary Jane Barrett, Esq., CELA, Harkins and Harkins, Philadelphia

Thomas D. Begley, Jr., Esq., CELA, Begley & Bookbinder, PC, Moorestown, NJ

Steven G. Blum, Esq., Steven G. Blum & Associates, Swarthmore

Robert J. Breslin, Jr., Esq., Pappano & Breslin, Brookhaven

Henry A. Carpenter, II, Esq., CELA, Bucks County Elder Law LLC, Yardley

M. Francesca Chervenak, Esq., Managing Attorney, Pennsylvania Health Law Project, PIttsburgh

Robert Clofine, Esq., CELA, Law Office of Robert Clofine, York

Andrew A. Coates, Esq., Office of Legal Counsel, PA Department of Public Welfare, Philadelphia

Trisha E. Cowart, Esq., Elder Law/Consumer Protection, Carlisle

L. Christian DeDiana, Esq., CELA, DeBernardo, Antoniono, McCabe, Davis & DeDiana, P.C., Greensburg

Thomas J. Dempsey, Jr., Esq., Pittsburgh

J. Paul Dibert, Division Chief, Inheritance Tax Division, PA Dept. of Revenue, Harrisburg

Robert C. Gerhard, III, Esq., CELA, Gerhard & Gerhard Law Offices, Glenside

H. Amos Goodall, Jr., Esq., CELA, Goodall & Yurchak, PC, State College

Vicki Gottlich, JD, LLM, Center for Medicare Advocacy, Inc., Washington, DC

Julian E. Gray, Esq., CELA, Springer Bush & Perry, PC, Coraopolis

Carol Sikov Gross, Esq., CELA, Sikov & Love, PA, Pittsburgh

Martin J. Hagan, Esq., Law Firm of Martin J. Hagan LLC, Pittsburgh

Alissa Eden Halperin, Esq., Managing Attorney, Pennsylvania Health Law Project, Philadelphia

Marielle F. Hazen, Esq., CELA, Hazen Elder Law, Harrisburg

Kathleen D. Hendrickson, Esq., President, Achieva Family Trust, Pittsburgh

Thomas M. Lilly, J.D., CLU, Futurecare Associates Inc., Pittsburgh

Jeffrey A. Marshall, Esq., CELA, Marshall, Parker & Associates, LLC, Williamsport

Guy F. Matthews, Esq., Eckell Sparks Levy Auerbach Monte Rainer & Sloane, PC, Media

Dionysios C. Pappas, Esq., Vasiliadis & Associates, Bethlehem

Professor Katherine C. Pearson, Dickinson School of Law of the PA State University, Carlisle

Rene Reixach, Jr., Esq., Woods Oviatt Gilman LLP, Rochester, NY

Kemp C. Scales, Esq., CELA, Titusville

Jacqueline J. Shafer , Esq., High Swartz LLP, Norristown

Elizabeth W. Shapiro, Esq., Community Legal Services, Philadelphia

Thomas M. Snedden, Director, PACE & PACENET, Pennsylvania Department of Aging, Harrisburg

Julieanne Steinbacher, Steinbacher Law, P.C.

Steven L. Sugarman, Esq., Steven L. Sugarman & Associates, Berwyn

Andrew G. Sykes, Esq., Sykes Elder Law, LLC, Pittsburgh

Scott E. Townsley, Esq., Third Age, Inc., Exton

Vicky Ann Trimmer, Esq., Mette, Evans & Woodside, Harrisburg

Stanley M. Vasiliadis, Esq., CELA, Vasiliadis & Associates, Bethlehem

Bruce Vignery, Esq., AARP, Washington, DC

Pamela Walz, Esq., Elderly Law Project Community Legal Services, Philaldephia

Ellen R. Wase, Esq., Wase & Wase, Philadelphia

Richard P. Weishaupt, Esq., Community Legal Services, Philadelphia

Leslie Wizelman, Esq., CELA, Law Offices of Leslie Wizelman, Wyalusing

These astute, experienced presenters will teach on a variety of elder law topics:

• Year in Review
• Medicaid – The Basics
• Family Care Agreements – Basics & Tax Issues
• Medicare Parts A, B, C & Medigap
• Ins and Outs of "Over 55" Housing (in Community Associations)
• Medicare Appeals & New Hospital Discharge Rules
• Using Real Estate as a Planning Technique
• Nuts & Bolts of Administering Supplemental and Special Needs Trusts
• Medicaid – The Basics
• Pennsylvania’s New Assisted Living Law & Proposed Regulations
• Avoiding Medicaid Mistakes
• Long Term Care Insurance – Advising Your Clients on the Pros and Cons of the New Partnership Program
• CCRCs: Growth, Financial Stability & Accountability
• Stretching Income for Seniors
• Marital Medicaid Planning
• Ethical Dilemmas in Representing Clients with Diminished Capacity (ETHICS)
• Defending Nursing Home Claims
• Ethical Dilemmas in Representing Clients with Diminished Capacity (ETHICS)
• Tax-Smart Long Term Care Planning
• Clinical Eligibility for Home & Community Based Care
• Marital Medicaid Planning
• Medicaid – Calculating for Annuities, Monthly Income and Spend Down
• Paths to Prescription Coverage: Medicare Part D & PACE
• Victims & Abusers: Protecting Older Adults from Financial Exploitation, Including Abuse of Powers of Attorney (ETHICS)
• What Is Pennsylvania Doing Under the DRA? 2008 Update
• How to Obtain a Guardianship in Pennsylvania
• Getting a Handle on Variable Annuities
• Finding the Federal Courthouse & Staying There Once You Find It: Federal Court Litigation for the Elder Law Attorney
• Pharmacology 101 for Lawyers: Is Your Client Getting Quality Institutional Care?
• Utilizing Public Benefits in Special Needs Planning
• Common Substantive and Procedural Pitfalls in Elder Law Practice (ETHICS)
• Get a Fair Hearing at the Fair Hearing
• Orphans’ Court Update
• Social Security & SSI Basics
• Medicaid – Calculating for Annuities, Monthly Income and Spend Down
• Trimmer on Taxes: A 2008 Update on Taxes Affecting the Elderly
• Planning for Distribution of Special Needs Trusts Beyond the Life Care Plan
• Common Substantive and Procedural Pitfalls in Elder Law Practice (ETHICS)
• Nursing Home or Personal Care Home Admissions Contracts: Basic Information for Your Clients
• Tips for Preparing Error-Free Inheritance Tax Returns
• Deciding What to Do with IRAs: The Choices, Tax Consequences & Timing
• Gray(ing) Areas of Elder Law
• Veterans Benefits: An Introduction and Practical Guide to the Veterans Pension Program
• Life Insurance & Life Settlements

For the first time, the course materials prepared for the 2008 Elder Law Institute will be available on a fully-searchable CD-ROM, as an alternative to the standard printed books.

During the 2008 Elder Law Institute, supportive exhibitors or vendors will offer displays:

• Achieva Family Trust
• Comfort Keepers
• George T. Bisel Company
• Interactive Legal
• Keystone Guardianship Services
• Merrill Lynch
• Pennsylvania Care Management

PBI's 2008 Elder Law Institute is co-sponsored by the Elder Law Section, of the Pennsylvania Bar Association.

That Section is dedicated -- as stated in one of its five mission strategies -- to "[p]romote the improvement of the practice of Elder Law through legal education and ethical guidelines." See: PA EE&F Law Blog posting PA Elder Law Section's "Strategic Plan" (04/28/08).

"Another triumph, my dear."
-- Bob Cratchit, commenting on his wife's plum pudding,
in the movie adaption of Charles Dickens'
"A Christmas Carol" (1984)