Elder Law CLE

This program will cover mandatory child and elder abuse reporting laws applicable to Oregon attorneys, and will address the concerns, requirements, and themes regarding what lawyers are expected and obligated to do in their practice about issues arising with the reporting of suspected elder and child abuse. In this course we will closely examine the philosophy behind reporting malfeasance in general, the significant distinctions between lawyers and other professionals in what is expected and what is allowed as to reporting, the burdens and benefits of confidentiality and communication privileges, the effect of statutory immunities for reporting, the relevant Oregon reporting statutes and their legislative history, and case law in Oregon and in other states interpreting statutory commands. We will also discuss the details and particular circumstances in which reporting is required, how the mechanics of making a report work for and against the lawyer and the client, and where exceptions and omissions in the law exist. Our discussion aims to assist attorneys in understanding how mandatory reporting translates into real life practice.

In this program we will identify options for government resources to provide for in-home or community based care care through Medicaid, Veterans Benefits and Private Pay solutions, review eligibility requirements for these programs and strategies to advise clients who may not currently meet eligibility criteria on how to position themselves to take advantage of the programs. We will also discuss common pitfalls when entering into a family caregiving arrangement and how to avoid them.

Seniors and other vulnerable clients are susceptible to financial exploitation at alarming rates. Regulators estimate that billions of dollars are lost each year as a result of such exploitation, and given the aging of the investing population, that population's unique vulnerabilities, and their substantial wealth, stakeholders can expect this trend to continue to grow. This program will outline this problem and review best practices to protect senior and vulnerable clients from exploitation and fraud.

Long term care expenses can deplete savings or impoverish many people very quickly, and most do not insure for such expenses. This CLE course will provide elder law attorneys with a method for Medicaid and Veterans’ Aid & Attendance planning and funding long-term care. We will discuss the purpose and function of asset protection trusts and review tips for preparing them for clients.

One of the challenges faced when attempting to treat or assist an individual suffering from a mental illness is a lack of insight into having such an illness. The individual may deny suffering from a mental illness and therefore refuse treatment or the assistance of a family member or loved one, insisting that he/she can function independently, despite evidence to the contrary. The individual may prevent others from accessing medical and financial information, thereby making it impossible to speak to care providers and financial institutions to protect, advocate and plan for the future. Even if the individual has the capacity to sign advance directives such as a Power of Attorney or Health Care Proxy, he/she can either refuse to do so or revoke those documents after execution. The circumstances might require a more restrictive type of intervention.

This course gives a both-sides view of legitimate routes to liability against nursing homes and legitimate defenses. It also discusses the regulatory environment, special evidentiary issues with the changeover to electronic medical records, insurance coverage and lien issues. The presentation will draw heavily on the presenter’s experience representing nursing homes in both personal injury and regulatory matters.

This course will survey adult guardianship proceedings in New York State under Mental Hygiene Law Article 81. Adult guardianship is a unique and exciting area of law, both substantively and procedurally. This course will explore the civil rights component of adult guardianship, the parties to an adult guardianship proceeding, how these proceedings are commenced, appointment of the guardian, the role of the guardian, and discharge. The course will provide a broad understanding of adult guardianship pursuant to MHL Art. 81 for practitioners new to this field of law. The course will also touch upon the basic differences between adult guardianship under MHL Art. 81 and Surrogate’s Court Procedure Act Article 17-A.

Nursing home abuse and neglect cases can be difficult and confusing to manage. In this course, Michael Brusca will guide you through the process of nursing home abuse and neglect litigation, including choosing the proper claims, procuring discovery, developing deposition strategies, and obtaining appropriate experts.