Trust SIG CornerAddress Medicaid’s Institutional Bias,and Expand Your PracticeBy Patricia E. Kefalas Dudek, Esq.

In this issue...President’s Message ................ 3

Executive Director’sReport ....................................... 5

Health Care SIG Corner ........... 8

Document Assembly .............. 10

InterActive Legal Systems ...... 12

Who Are ‘Ya Gonna’ Call?MENTORS! ............................. 18

Ten Points to ConsiderWhen Selecting a SkilledNursing Facility ....................... 20

Tips from the Toolbar .............. 22

V O L U M E 1 7 I S S U E 1FEBRUARY 2005

N A T I O N A L A C A D E M Y O F E L D E R L A W A T T O R N E Y S

NEWSNEWSNAELANAELA

There are aggressive advocacyefforts happening at the state andnational level to address what is calledthe institutional bias in Medicaid. Es-sentially, this bias means that when aperson with a disability or an elder isserved in an institution or a nursinghome, Medicaid will pay for all of theirservices, including anything relatedto housing. However, if the same per-son with a disability or elder lives in aless restrictive setting, and their ser-vices are paid for by a MedicaidWaiver, their housing costs are spe-cifically excluded from coverage USC42§1396 n(c)(1) The impact of this biasis a huge financial disincentive for thestates to move towards true imple-mentation of the Supreme Court’s de-cision in Olmstead , 527 US 581,(1999), and the integration mandate

of the American with Disabilities Act, 42USC § 12101 (a) (2), (5), See also, 28 CFR§ 35.130(d).

This is how it works against thestates: if a Medicaid beneficiary wants tolive in the community, in many cases ei-ther the individual or the State will haveto pay for the housing costs. If the per-son pays for this cost, then this is privatemoney and it cannot be used as statematch to draw down additional Medicaidfunds. In Michigan, that means, a loss ofthe 50% match of the housing cost (whichthey get if the person is placed in a morerestrictive setting). In some states thematch is even higher. If the State pays forthis, these funds need to come from gen-eral fund dollars. As they are not beingused to pay for Medicaid covered ser-vices, they again may not be used for

NAELAMembersin the NewsNAELA was mentionedas a resource In:

“Legal Help for Seniors andtheir Families,” in the January12, 2005 issue of The Chris-tian Science Monitor.

“Reversing Roles; ChildrenHelp Parents Hampered ByIllness, Age,” in the January20, 2005 issue of The MyrtleBeach Sun News.

“Resources,” in the December5, 2005 issue of The DallasMorning News.

(continued on page 15)

(continued on page 4)

2 NAELA News • February 2005

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DevelopmentProgramOut toLunch?

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Cost-effective client development & retention solutions

NAELA News • February 2005 3

President’s MessageBy Stuart D. Zimring, Esq.

(continued on page 4)

For years, the NAELABoards of Directors, com-mittees and members havebeen discussing the cre-ation of a concerted, profes-sional public relations effortfor the Academy. I amthrilled to tell you that weare in the process of mak-ing that dream a reality.

In July of last year,your board of directors voted unani-mously to begin a well-defined programto promote elder law, NAELA, andNAELA members to professionals andconsumers. This program, created forus by Kellen Communications, a NewYork public relations firm, will addresswhat “elder law” is, what “NAELA” is,and why “NAELA members” are thebest choice to counsel consumers whenit comes to aging and disability issues.Extending through 2007, NAELA’s Pub-lic Relations Committee and ExecutiveCommittee will work closely with KellenCommunications to get our message out.

NAELA has spent considerabletime developing a solid organizationalstructure, defining its role in publicpolicy and legislative matters, and posi-tioning NAELA members to be the pre-mier providers of services to those ofage and/or with disabilities. Pursuant

to our current Long RangePlan, NAELA was to concen-trate on public policy effortsin 2004, professionalism andethics in 2005, and on publicrelations in 2006. Thus, weare not only well on our way,we are significantly ahead ofthat timetable.

NAELA was quite suc-cessful in 2003 and 2004 in

addressing the State Medicaid Waiverproposals. Proposals in Connecticut,Massachusetts, Virginia, Minnesota,and New York have not been acted upon,mostly due to the efforts of NAELA,NAELA Chapters and NAELA members.Our Public Policy Committee, co-chaired by Charlie Sabatino andMark Shalloway, and with the assis-tance of NAELA’s Public Policy Con-sultant, Brian Lindberg, continues topress forward, advocating for the bestinterests of our clients.

NAELA’s Professionalism and Eth-ics Committee, chaired by GregoryFrench, has been working diligently forthe past 16 months to develop theproject about which I am most passion-ate: The NAELA Aspirational Standardsfor the Practice of Elder Law. The firstdraft was made available to the member-

The NAELA News is published by theNational Academy of Elder Law Attorneys, Inc.

1604 N. Country Club Road Tucson, AZ 85716-3102520/881-4005 520/325-7925 Fax www.naela.org

Articles appearing in the NAELA News may not be regarded as legal advice. Thenature of elder law practice makes it imperative that local law and practice be con-sulted before advising clients. Statements of fact and opinion are the responsibilityof the author and do not imply an opinion or endorsement on the part of the officersor directors of NAELA unless otherwise specifically stated as such.

Publications Chair .................................................Edwin M. Boyer Esq., Sarasota, FL

Editor ........................................................ Donna R. Bashaw, CELA, Laguna Hills, CA

Publications Coordinator ............................................ Jonathan D. Boyle, Tucson, AZ

Graphic Designer .......................................................... Kristin L. Hager, Tokyo, Japan

© Copyright NAELA 2005

Board of Directors2004-2005

P R E S I D E N TStuart D. Zimring, Esq.North Hollywood, CA

P R E S I D E N T - E L E C TLawrence E. Davidow, CELA

Islandia, NYV I C E P R E S I D E N T

Donna R. Bashaw, CELALaguna Hills, CAT R E A S U R E R

Craig C. Reaves, CELAKansas City, MOS E C R E T A R Y

G. Mark Shalloway, CELAWest Palm Beach, FL

P A S T P R E S I D E N TWilliam J. Browning, CELA

Columbus, OHE X E C U T I V E D I R E C T O R

Laury A. GelardiTucson, AZ

D I R E C T O R SElizabethanne (Betsy)

M. Angevine, Esq.Whittier, CA

Edwin M. Boyer, Esq.Sarasota, FL

William J. Brisk, CELANewton Center, MA

Baird B. Brown, CELAGrand Junction, CO

Martha C. Brown, CELASaint Louis, MO

Andrew H. Hook, CELAPortsmouth, VA

Barbara S. Hughes, Esq.Madison, WI

Ruth A. Phelps, CELAPasadena, CA

Aimee P. Rudman, CELACherry Hill, NJ

Stephen J. Silverberg, CELAEast Meadow, NY

Scott M. Solkoff, Esq.Boynton Beach, FL

Timothy L. Takacs, CELAHendersonville, TNDaniel O. Tully, Esq.

Bristol, CTLauchlin T. Waldoch, CELA

Tallahassee, FLWesley E. Wright, CELA

Bellaire, TX

C O N S U L T A N T SBrian W. Lindberg, Public Policy

Washington, D.C.Hugh K. Webster, Legal Counsel

Washington, D.C.

Stuart D. Zimring

4 NAELA News • February 2005

President’s Message(continued from page 3)

ship at the Symposium in May 2004.The revised draft was approved by theBoard of Directors in July and was sentto you for additional comment in Sep-tember and October. So far, the re-sponse to the committee’s efforts hasbeen very positive, constructive, andsupportive. Many of you have told usthat you have been “waiting for this.”These Aspirational Standards will allowus to define how our practices are dif-ferent from other attorneys: with theemphasis on doing what is right for ourclients and their families.

Now, back to the public relationsprogram. Consumer surveys will soonbe conducted to develop base-line in-formation regarding existing consumerknowledge of elder law in general andNAELA specifically. Right now, severalcommunications pieces are being devel-oped directed towards the aging anddisability networks and the media. Ournew e-publication, Eye on Elder Issues,is the first to hit the ground running.This publication is geared towards edu-cating professionals and consumers onfrequently “misunderstood” issuesabout elder law and how elder law attor-

neys counsel their clients to determinethe outcome that is best for them. It iscurrently being sent by e-mail to over5,000 media outlets, aging network pro-fessionals, law schools, and legislators.It is also posted on the NAELA websiteand is available for our members’ use. Iencourage you to look at this publica-tion for possible use in your practice. Ithink you will find that it is profession-ally done and represents us well.

Our public relations team has tar-geted several audiences to educate:consumers, aging and disability networkprofessionals, other attorneys and themedia. Strategies are being developedto educate each audience in a way thatis meaningful for them. A good exampleis how our team responded to the FloridaSupreme Court’s decision in the Schiavocase in September. NAELA and theFlorida NAELA Chapter (AFELA) hadsubmitted an amicus brief supportingMrs. Schaivo’s right to privacy, as wellas the separation of powers issues thecase presented. Within hours of theFlorida Supreme Court’s decision,NAELA’s public relations team had re-leased a press release to all major newssources alerting them that NAELA andits members were ready and available toserve as “experts” in this area and, just

as important, giving background infor-mation on advance directives, healthcare decision making and other avail-able resources. The press release alsopromoted other, related issues on whichwe can contribute. The speed of theresponse, not to mention the accuracyof the press release itself, was, as mychildren would say, “awesome.” This isthe type of response that is extremelydifficult to produce if we continued totry to do it on our own with volunteers.Yet, this effort will place NAELA andNAELA members in the forefront as theexperts in the aging/disability field.

I know that this is exactly the type ofeffort our President-Elect, LawrenceDavidow, envisions for his administrationthis year; I am delighted to lay the ground-work for him during my administration.

Speaker training, tips for memberson building their own practices and pro-moting elder law, providing articles andstories to the media on significant is-sues, and building consumer awarenessand confidence are only some of the ar-eas that will be addressed with this plan.NAELA and NAELA members are theexperts in the aging and disability ar-eas. Now that we know it. . .it is time totell the rest of the world. What an excit-ing time for all of us!

Medicaid match. The states are all ex-periencing a reduction in revenue, withlarge growth in their Medicaid budget.It therefore becomes more difficult forbudget directors and policy makers tounderstand the importance of usingthese funds to provide long term careservices in the community when theycan provide these services in a more re-strictive setting and then do not needto come up with as much money to doso.

Advocates for seniors and peopleswith disabilities need to understand thisessential policy issue. Understandingthe issue, and the development of cre-ative legal strategies in response to it isnecessary in order to assist our clientsto achieve their much desired goals ofaging in place or living in a less restric-tive setting. The first strategy to con-

sider is working with Community Non-profit Housing Corporations.

Non-profits provide a charitable giftto low-income people by arranging foraffordable supportive housing, they alsolessen the burden of the states by cre-ating and providing safe and affordablesupportive community living situations.These charitable organizations captureand preserve the resources the statesspend through the public mental healthsystem and long-term care system onbehalf of people with disabilities and se-niors. They do this by reinvesting anyfunds spent, plus the appreciation onthe real estate into the development ofadditional affordable, supportive hous-ing. Without these vital agencies, theseoften times accessible homes would bein the hands of for profit landlords, andcould not be used to defer the continu-ing obligation of the state to house andprovide services to its most vulnerablecitizens in the least restrictive setting.

In Michigan, prior to 1976, our citi-zens with developmental disabilitiesand mental illnesses were typically in-stitutionalized. However, Michigan As-sociation for Retarded Citizens v Smith,475 F Supp 990 (ED MI 1979), the Stateof Michigan agreed to a federal districtcourt judgment requiring the State toprovide community based housing foradults with disabilities. The “PlymouthCenter” case, as it is now known, wasan early part of the national trend to-ward de-institutionalization, or provid-ing housing and needed services topeople with disabilities under the fed-eral Medicaid program in the least re-strictive setting. This resulted in thecreation of smaller community basedresidential settings, as opposed to largeisolating institutions. Under severaladministrations, Michigan became aleader in this national effort. In the late1960’s there were over 13,000 people

Trust SIG Corner(continued from page 1)

(continued on page 6)

NAELA News • February 2005 5

Laury Adsit Gelardi

The One Hour SolutionBy Laury A. Gelardi, Executive Director

It is truly amazing howthe dramas and sitcoms ontelevision are actual reflec-tions of the problems today. Iwas watching a "GoldenGirls" episode where Rosewas financially and emotion-ally devastated when her latehusband's pension plan de-clared bankruptcy. Then therewas a "Law and Order" epi-

sode about Mom being financially and physicallyabused by the youngest son (42 yrs. old) who was stillliving at home with her. Investigative Reports oftendetails brutal murders of Mom and Dad by greedy chil-dren who feel entitled to their family'sfortunes. When did watching televisiontransform itself from "entertainment" to"real life?" What's all the hype about"reality shows?" We have been watch-ing it on the dramas and sitcoms!!

I think television writers have sud-denly discovered that their imaginationsare no match for what people do in reallife. Many of the real life stories are sobizarre that it is hard to think anyonecould have conceived them in theirimaginations. I remember when Rich-ard Speck killed eight nurses in the early60's. I heard the story on television and,as a young child, wondered how anyonecould dream up that story. Since thenwe have seen the likes of CharlesManson, John Wayne Gacey, Jim Jones,Mary Kay Laterneaux, and Susan Smith.The details of murder, torture, un-ac-ceptable behaviors and abuse are abun-dant on the evening news. And the workof attorneys is there too!

At first, I applauded the television shows for ex-posing these incredibly awful situations. Focusing onsociety's problems is always a good way to educatepeople about problems and solutions, right? Well lately,I have begun to think that they are very detrimental toour society.

I have to ask: does real life mimic television ordoes television mimic real life? One has to wonder ifmore cults aren't born, more parents aren't murdered,

and more abuse doesn't take place because televisionplants the seeds of thought and in many instances, pro-vides a "how to" blueprint. Being bombarded with thenegative can get to anyone and it takes a special per-son to deal with these types of situations on an on-going basis. Now, everyone can be exposed to thesesituations several hours each day and those who aredesperate can actually learn the one-hour solution totheir problems - and probably one they would havenever thought of on their own and may actually be in-capable of realizing the true ramifications.

Oh, but if only all the situations that are broughtto elder law attorneys could be resolved in one-hour(actually 40 minutes as 20 minutes are allocated to com-mercials). To present an issue, introduce the players,

and find a resolution in 40minutes must be a real di-lemma for the writers. Ofcourse, what is typicallymissing is all the extraneousissues: emotional involve-ment, family history, familydynamics, undue influence,conflicts of interest, financialresources, access to appropri-ate medical resources, andsimple day-to-day challengesof attending the normal needsof someone with limited ca-pabilities. My goodness, it of-ten takes more than an hourto figure out who the clientis and if what he/she is try-ing to tell you is, in fact, theproblem. For years, I havethought technology was re-sponsible for speeding up thedemand for instantaneous in-

formation and solutions to problems. Now, I think weneed to add television to that list.

The good news about these sitcoms and dramas isthat attorneys are almost always included as the prob-lem-solvers. Rarely are the attorneys depicted as theproblem. Weighing more violence with more work forattorneys: I would vote to return to the "Andy ofMayberry" and "Happy Days" type sitcoms and keepthe fantasy of a "fun" society in-tact.

I think televisionwriters have suddenlydiscovered that theirimaginations are no

match for whatpeople do in real life.Many of the real life

stories are so bizarrethat it is hard to thinkanyone could haveconceived them intheir imaginations.

6 NAELA News • February 2005

with developmental disabilities residingin State operated institutions acrossMichigan. Now there are fewer than 100.

Small group homes for six or fewerpeople proved to be the primary vehiclefor complying with the Plymouth con-sent decree and for implementing a state-wide de-institutionalization program.Early on in this de-institutionalizationeffort, state and federal funds were usedto lease houses from private investors,and services were typically providedunder contract with a separate serviceprovider organization. While the hous-ing and support services were separatelycontracted, they were both provided asa direct responsibility of the State underthe Michigan Mental Health Code§330.1704, §330.1208 and State Consti-tution Article I §2, and were inextricablylinked. Services could not be providedwithout housing to replace the institu-tion, and housing could not be providedwithout needed support. The housingand services were so closely tied to-

gether that if the person with a disabil-ity had a falling out with their serviceprovider, the only choice they had wasto move to another setting. This meantthat even when a service provider vio-lated the person’s rights in the MentalHealth Code §330.1208, or even ne-glected or abused the person, the per-son with a disability was punished, asthey would have to lose their home andhousemates to avoid the provider ofservices. This model was really just anextension of the institutional model ofcare, just in smaller settings.

As a result, variations on the grouphome service delivery model emergedto afford people with disabilities greaterprotection and choices in housing. Sup-ported living arrangements are currentlyoffered as a popular alternative to grouphomes. All of these living arrangements,however, still include some similar typeof configuration linking the required el-ements of housing and support as analternative to institutional or nursinghome care.

In addition to the shift to commu-nity based care, the Michigan has

changed it’s role from that of a directprovider of services to a director of astate wide system of Community Men-tal Health boards responsible for StateMedicaid funded services to eligiblelow-income citizens with disabilities oftheir community. They, in essence, actas an agent of the Department of Com-munity Health. The Community MentalHealth boards typically contract for thenecessary services, although some con-tinue to provide direct services.

Contemporaneous with these sys-temic changes, a relatively small num-ber of non-profit organizations haveemerged to assist the State and the lo-cal Community Mental Health boards inproviding housing for Medicaid eligiblecitizens. These non-profit organizationsshare a common mission of reducing theburden upon state and local govern-ments in meeting their obligations tocitizens under the Medicaid program andthe Michigan Mental Health Code.

Nationally, the trend toward de-in-stitutionalization continues. Recent ex-amples include the U.S. Supreme Court

Trust SIG Corner(continued from page 4)

(continued on page 7)

Who’s Who on the NAELA StaffOur office is located at 1604 North Country Club Road, Tucson, Arizona 85716 and is open from 8:00 a.m. to 4:30 p.m.,Mountain Time, Monday through Friday, except holidays. The telephone number is (520) 881-4005. The fax number is (520)325-7925. We also have voice mail and therefore, you may leave messages 24 hours a day, seven days a week! There are oftenquestions as to who’s who on the NAELA staff. To help you in your endeavor to get through the maze, we are listing who youshould contact for what things:

Address ChangesJenifer Mowery, ext. 114jmowery@naela.comAdvertisingAnn Krauss, ext. 106akrauss@naela.comBilling QuestionsVicki Kanarr, ext. 111vkanarr@naela.comBoard Action/PolicyLaury A. Gelardi, ext. 113lgelardi@naela.comBrochuresTerri Anthony, ext. 107info@naela.comCertificationLori Barbee, ext. 120lbarbee@naela.comChaptersDonna Rainville, ext. 122drainville@naela.comCommittee PlacementBridget Jurich, ext. 102bjurich@naela.comExecutive DirectorLaury A. Gelardi, ext. 113lgelardi@naela.com

Experience RegistryJenifer Mowery, ext. 114jmowery@naela.comFellowsDebbie Barnett, ext. 117dbarnett@naela.com

FinancesDebbie Barnett, ext. 117dbarnett@naela.com

ListservVicki Kanarr, ext. 111vkanarr@naela.com

Mailing QuestionsTerri Anthony, ext. 107info@naela.com

Media RelationsAnn Krauss, ext. 106akrauss@naela.com

MembershipJenifer Mowery, ext. 114jmowery@naela.com

Membership DirectoryJenifer Mowery, ext. 114jmowery@naela.com

NAELA News/Journal ArticlesJonathan Boyle, ext. 115jboyle@naela.comPublic PolicyLaury A. Gelardi, ext. 113lgelardi@naela.comSpecial Interest GroupsAdvocacy/LitigationAnabel Gray, ext. 121agray@naela.comPractice Dev./ManagementAnabel Gray, ext. 121agray@naela.comHealth CareAnabel Gray, ext. 121agray@naela.comGuardianship/CapacityAnabel Gray, ext. 121agray@naela.com

TaxAnabel Gray, ext. 121agray@naela.com

TrustAnabel Gray, ext. 121agray@naela.com

Symposium/Institute Info.CLELori Barbee, ext. 120lbarbee@naela.com

ExhibitorsInstitutePam Carlson, ext. 108pcarlson@naela.comSymposiumPam Carlson, ext. 108pcarlson@naela.comPublicityAnn Krauss, ext. 106akrauss@naela.comRegistrationJenifer Mowery, ext. 114jmowery@naela.com

SpeakersInstitutePam Carlson, ext. 108pcarlson@naela.comSymposiumPam Carlson, ext. 108pcarlson@naela.comTapes/ManualsTerri Anthony, ext. 107info@naela.com

NAELA News • February 2005 7

Olmstead decision, Olmstead v LC exrel Zimring, 527 US 581; 119 S Ct 2176;144 L Ed 2d 540 (1999), and thePresident’s 2001 “New Freedom” Initia-tive. The New Freedom Initiative is de-scribed by the George W. Bush admin-istration as one which “promotes thefull integration of people with disabili-ties into all aspects of American life byincreasing employment opportunities,by expanding access to technology andpublic accommodations and by provid-ing accessible transportation and hous-ing”. Without affordable supportivehousing options, the objective of deliv-ering services in the “least restrictivesetting” cannot be achieved. Peoplewith disabilities and their advocate con-sider this a basic civil right. Without theefforts of these charities, the burden onthe states’ Medicaid systems couldforce people with disabilities and seniorsback into institutions and nursinghomes.

Many advocates for seniors andpeople with disabilities throughout thecountry agree that it is best to have thenon-profits focus their efforts on pro-viding housing or social services, butnot both. Philosophically, empoweringpeople to be able to select and changeservice providers without having to losetheir homes and friends promotes inde-pendence and self-determination. Ad-vocacy groups attested to the validityof this premise, consumers of long termcare services can now protect them-selves from inadequate care by simplyfiring the service provider, without fearof losing their home and housemates.This model goes a long way in protect-ing these citizens and it assures that themistakes of Willowbrook and other in-stitutions are not continued (on a muchsmaller scale) in group homes. See TheEnd of a Nightmare at Willowbrook,Headline News, Page 2, Queenscourier,May 11-17, 2000, for a detail accountof atrocities that took place at theWillowbrook State Institution.

The other rationale for separatingthe housing and social service functionsis for all the organizations to focus ononly one of these very important mis-sions, so they can be even more effi-cient and effective with the scarce re-sources allocated to caring for this popu-lation. Consistent with this trend, theDepartment of Housing and Urban De-

velopment (“HUD”) requires that ten-ants not be required to accept servicesin order to live in HUD funded units.(Federal Register, Vol. 69, No. 94, May14 2004, p 27761). Similarly, the Michi-gan State Housing Development Au-thority (“MSHDA”) has strongly en-couraged the separation of housingfrom the provision of support services.These non-profit organizations repre-sent the best of the non-profit sector,providing important services that im-measurably benefit people’s lives anddoing so in an incredibly cost efficientmanner, usually on the proverbial shoe-string budget.

As a result of working closely withsuch organizations, recently I havefound myself drafting Amicus Curiaebriefs in their efforts to secure propertytax relief for their developments. My ad-vocacy on behalf of individual clientshas expanded my practice into areasnever anticipated. Forcing these orga-nizations to continue to pay propertytaxes impedes and restricts their abilityto provide this needed charitable re-source. If continuously forced to usetheir limited resources to pay propertytaxes, they are essentially using onetype tax dollars allocated to housepeople with dis-abilities and se-niors to pay an-other type of tax.This is a very inef-ficient use of thesescarce resourcesand people withdisabilities and se-niors (and thosewho are respon-sible for their care)will be forced to di-vert even more ofthese scarce resources toward higherhousing costs and away from the Med-icaid budget, which pays for the ser-vices. Ultimately, states will be forcedonce again to bear more of this financialburden in the future. This burden iseven greater as often times these homesare not even allowed the “homestead”valuation under MCL 211.7 cc for theseproperty taxes.

Another strategy to address theinstitutional bias is the use of specialneeds trusts to handle the housingcosts. It will make it much easier for youto meet the standard that providing theservices in the less restrictive setting is

Trust SIG Corner(continued from page 6)

a reasonable accommodation under theADA, if the state does not have to dealwith the financial dis-incentive.

Many of the Pooled AccountsTrusts, or Exception C trusts, that I workclosely with were developed by non-profit housing organizations. Many ofour sub-accounts hold real estate, andthe trust often acts as a “friendly” land-lord. Recently, we applied for, and se-cured a property tax abatement on be-half of the trust by sending the follow-ing letter:

To Whom It MayConcern:

Please be advised that this firm rep-resents the Trustee of the SpringhillHousing Corporation Pooled AccountsTrust f/b/o XXXXXXXX.

Enclosed please find a copy of theDeed to the above-referenced property,which shows that said property isowned by the Springhill Housing Cor-poration Pooled Accounts Trust f/b/oXXXXXXXX. Also enclosed pleasefind copies of the Articles of Organiza-tion and Bylaws for Springhill HousingCorporation, which is a Michigan Non-Profit Corporation, and the Corpora-

t ions 501(c)(3)designation fromthe IRS.

I write to re-quest that youmake a determina-tion that the abovereferenced prop-erty is tax exemptpursuant to MCL211.7(o). Theproperty tax abate-ment is appropri-ate relative to this

property because one of the charitablepurposes for which the Springhill Hous-ing Corporation was organized is to pro-vide housing assistance for individualswith disabilities. In order to accomplishthat charitable purpose, Springhill Hous-ing Corporation established this Trust.The purpose of this Trust is to organizeand administer funds on behalf of indi-viduals with disabilities (as defined by§614(a)(3) of 42 U.S.C. §1396p, asamended by the Revenue ReconciliationAct of 1993) in order to enable theseindividuals to qualify for medically nec-essary public benefits. The Trust ac-

(continued on page 9)

Many advocates forseniors and people with

disabilities throughout thecountry agree that it is best

to have the non-profitsfocus their efforts on

providing housing or socialservices, but not both.

8 NAELA News • February 2005

Please note thatthis list does not

include theNAELA chapters

currently information.

Health Care SIG CornerMedicare Hospice Care: Straddling thePalliative/Curative DivideBy Mary T. Berthelot, Esq.

Hospice care is holistic care for thedying. Medicare coverage of hospicecare is available for beneficiaries whohave been certified as terminally ill, forservices that are “reasonable and nec-essary for the palliation or managementof the terminal illness as well as relatedconditions.” Prior to receiving Medi-care coverage for hospice care, benefi-ciaries must sign a hospice election formwhich indicates that they have a “fullunderstanding of the palliative ratherthan the curative nature of hospice careas it relates to the individual’s terminalillness.”

Medical dictionaries define pallia-tive care as care that affords relief, butnot cure. Curative care, on the otherhand, is defined as care that tends toovercome disease, and promote recov-ery. So a Medicare beneficiary who isterminally ill with cancer, and who electsthe hospice benefit, would expect thather pain medica-tions and thera-pies (includingpalliative chemo-therapy) would becovered by Medi-care, but were sheto receive chemo-therapy for thepurpose of curingher cancer, thecurative chemo-therapy would notbe covered. Thisdistinction be-tween palliativeand curative careseems easyenough. Howeverin reality, the palliative – curative divideis not so easily discerned.

For instance, a person with end-stage renal disease, who has been certi-fied as terminally ill, would probably betold that she could not elect the Medi-care hospice benefit until after she dis-continued her dialysis. Dialysis, of

course, is the process of removingwaste products and excess water fromthe body. Without dialysis, a personwith end-stage renal disease, wouldmost likely die within a two week pe-riod. In other words, this beneficiarywould be told, that in order to receiveMedicare covered hospice care, shewould have to sign her own death sen-tence, a death sentence with a time lineof less than fourteen days. Talk abouta Hobson’s choice.

But is this dilemma really neces-sary? Dialysis for an individual withend-stage renal disease is clearly notcurative. Then, therefore, it must bepalliative. And since it is palliative, itshould be covered by Medicare underthe hospice benefit.

However, there remains yet an-other problem. Hospice programs thatprovide care to terminally ill Medicarebeneficiaries are paid a per diem. From

that per diem, hos-pice programsmust pay for all thecare that is ren-dered to the Medi-care beneficiary.The hospice perdiem is simply notenough to pay fordialysis. So de-spite the fact thatthey are otherwisequalified to re-ceive Medicarecoverage for hos-pice care, benefi-ciaries with end-stage renal dis-ease, and other

beneficiaries with terminal illnesseswho are receiving expensive life-sus-taining, but not curative care, arebarred from hospice care because ofthe Medicare payment system. This isa travesty. It is a travesty that the Cen-ters for Medicare & Medicaid Servicesshould remedy.

...a person with end-stage renal disease,

who has been certifiedas terminally ill, wouldprobably be told that

she could not elect theMedicare hospice

benefit until after shediscontinued her

dialysis.

Chapter PresidentsArizona Chapter

Bridget O’Brien Swartz, Esq.Phoenix, AZ

(602) 955-7886California Chapter - Northern

Doris E. HawksLos Altos, CA

(650) 949-4117California Chapter - Southern

Brian J. SheppardEncino, CA

(818) 342-5799North Carolina ChapterJ. Gregory Wallace, Esq.

Raleigh, NC(919) 876-1400

Wendy A. Craig, Esq.Black Mountain, NC

(828) 669-0799South Carolina ChapterFrank J. Dana, III, CELA

Greenville, SC(864) 242-0700

Colorado ChapterR. L. Steenrod, Jr., Esq.

Denver, CO(303) 534-5100

Florida ChapterEdwin M. Boyer, Esq.

Sarasota, FL(941) 365-2304Illinois Chapter

Amy DelaneyPalos Heights, IL(708) 361-8819

Kansas ChapterTimothy P. O’Sullivan, Esq.

Wichita, KS(316) 267-6371

Maryland/DC ChapterMorris Klein, Esq.

Bethesda, MD(301) 652-4462

Massachusetts ChapterMichael F. Loring

Scituate, MA(781) 545-2600

Missouri ChapterBarbara A. Braznell, CELA

Saint Joseph, MO(816) 364-1818

New Jersey ChapterEugene Rosner, CELA

Clark, NJ(732) 382-6070

New York ChapterVincent J. Russo, CELA

Westbury, NY(516) 683-1717Texas Chapter

Patricia F. Sitchler, CELASan Antonio, TX 78205

(210) 224-4491Virginia ChapterR. Shawn Majette

Richmond, VA(804) 643-4145

Washington ChapterEric R. Vargas, CELA

Yakima, WA(509) 972-9862

NAELA News • February 2005 9

P A I D A D V E R T I S E M E N T

complishes this goal by providing finan-cial assistance to individuals with dis-abilities, which includes deferring thecost of supplemental services for theseindividuals.

Within the Springhill Housing Cor-poration Pooled Accounts Trust thereare a number of Sub-Trusts, each ofwhich benefits a designated beneficiarywith a disability. In the case of the sub-ject property, it is owned by theSpringhill Housing Corporation PooledAccounts Trust f/b/o XXXXXXXX.This Sub-Trust owns this property forthe purpose of allowing XXXXXXXXto use the residence for a semi-indepen-dent living situation, with Medicaid sup-ports.

In order to qualify for the tax-ex-empt status provided by the Statute, aproperty owner must meet the follow-ing criteria:

1. The real estate must be ownedand occupied by the entityclaiming the exemption;

2. The entity claiming the exemption

must be a library, charitable,educational or scientific institu-tion;

3. The entity claiming the exemptionmust have been incorporatedunder the laws of the State ofMichigan;

4. The exemption will only exist ifthe building or other propertiesare occupied by the entityclaiming the exemption solely forthe purposes for which it wasincorporated. MCL 211.7(o).

Based upon the statutory standardoutlined above, it is clear that the Trustis entitled to the tax exemption. As theenclosed Deed shows that the Trustowns the property in question. Pursu-ant to the terms of the Pooled AccountsTrust and the Sub-Trust, its sole pur-pose is to benefit individuals with dis-abilities. Section 501(c)(3) of the Inter-nal Revenue Code specifically statesthat the assistance of individuals facedwith disabilities is included in the chari-table purposes of that section.

Further, the enclosed Articles ofIncorporation show that SpringhillHousing Corporation was incorporated

Trust SIG Corner(continued from page 7)

as a Michigan Non-Profit Corporation.Lastly, the condominium located on theabove-referenced property serves thecharitable purpose of providing hous-ing for XXXXXXXX, an individual withdisabilities. When XXXXXXXX passesaway, Section XI(2) of the Trust statesthat the property must be used bySpringhill Housing Corporation forpeople with disabilities who are indigent.

It is clear from the foregoing analy-sis and the attached documentation thatthe Springhill Housing CorporationPooled Accounts Trust f/b/oXXXXXXXX is entitled to a tax exemp-tion relative to the above referencedproperty. We request you modify thetax records to reflect that the subject taxparcel is exempt from property taxationuntil it is no longer used for the chari-table purposes described herein.

It is important that NAELA mem-bers understand the system barriers thatmake it difficult for us to assist our cli-ents that desire to live in places otherthan nursing homes and institutions. Iencourage you to use your advocacyskills to address the Medicaid institu-tional bias, and who knows you justmight end up expanding your practiceinto new areas at the same time.

10 NAELA News • February 2005

Document AssemblyRoll your OwnBy James Jaeger, CELA

Since a major part of an elder lawpractice is generating documents, andsince for many of our clients, fees are aconcern, document assembly softwarecan be an elegant solution to both prob-lems.

Document assembly tends to comein three and a half flavors: (1) completelyintegrated estate planning (or other)systems where the underlying docu-ments, as well as the document assem-bly engine, are provided; (2) the merge/macro capabilities provided in existingword processing software, which obvi-ates the need for buying other additionalsoftware; and (3) specific document as-sembly software which allows you totake your own documents and automatethem. (The one-half solution is theformattable clipboard built into casemanagement programs like Time Mat-ters, which also offers some rudimen-tary document assembly features).

The down side to solution 1, thefully integrated system, is that you haveto abandon your own documents in fa-vor of a completely new set with whichyou may not be familiar and which mayhave drawbacks in your own state. Thedown side to solution 2 is that themerge/macros, while having some so-phistication, are somewhat limited.

Now you can see where this is go-ing. My preferred solution is to usedocument assembly software which al-lows you to take your own documentsand automate them. Such software hasa number of features that are more so-phisticated and/or easier to use than themerge/macro concept, while at the sametime allowing you continue to use yourown tried and true documents. As a bo-nus, this type of software is increasinglybeing integrated with various case man-agement systems (including Time Mat-ters and Amicus Attorney) so that oncethe data is entered into the case man-agement program, it can be reused togenerate documents without having toretype the information.

My favorite of these programs isHot Docs by Lexis Nexis. It is probably

the most commonly used of the variousprograms and the most likely to be inte-grated with case management software.It works with both WordPerfect andWord, so the brand of word processorthat you use doesn’t matter. And, thedocuments that it generates are Wordor WordPerfect documents so you canedit or customize them at will.

Creating a document in Hot Docscan be a very simple matter. You take anexisting document that you have (say apower of attorney for finances), load itinto Hot Docs and then automate it. Thisis done by replacing various portionsof the documents with variables whichare then filled in during the documentassembly process. Examples of what youcan do include: Text variables where you substitute

a particular text, such as a name(or other noun) for the variable;

Multiple choice variables, whichallow you, for example to do aglobal change of pronouns, andidentify pronoun variations, e.g.him, his, etc.;

Number variables, which allowvarious forms of numbers;

Date variables, allowing for dates invarious formats; and

Countless others.

Hot Docs also allows for other morecomplex matters to be included in thetemplate. For example, in a financialpower of attorney, you might have avariety of gift provisions, depending onthe particular circumstances. Each ofthese separate provisions can be cre-ated as a separate clause and then whenthe document is assembled, you canselect the clause most appropriate toyour circumstances. If the clause needsfurther tweaking, you can do so afterthe document has been assembled. Youcan also create calculated fields (thoughI have not had much experience withthat feature).

For each variable, you can create acustomized prompt, so if someone otherthan the creator of the template is using

it, the user will know what was intendedby the variable name. Also, you can cre-ate custom dialogs which are a numberof prompts grouped together. Also, thereare masks so that you can enter socialsecurity numbers and phone numberswithout hyphens or parentheses.

Finally, you have the ability to takea number of templates and create, in ef-fect, a system. For example, in my estateplanning system, I start out with a datasheet. This contains all of the basic datathat I will reuse (client names, addresses,phone numbers, dates of birth, and simi-lar information). It is the first documentthat I assemble. When I have filled outall the information, I can generate a wordprocessing document which I can thenproofread. As part of this process, I alsogenerate an answer file which I can re-use. If I find any errors in the data docu-ment, I can reassemble it, correct theerrors and save the corrected answerfile.

Here is where the power of Hot Docsthen becomes apparent. When I as-semble the next document (for examplethe financial power of attorney), I firstimport the data sheet answer file intothe power of attorney. As long as I haveused the same variable names in thepower of attorney and the data sheet,the data from the answer file will be im-ported into the power of attorney. Thus,all I have to fill out for the power of at-torney are the variables specific to thepower of attorney, which simplifies finalassembly even more. I can use the samedata to prepare the wills, trusts, healthcare directives and other documentsmaking up the estate planning packagefor the client. All I have to focus on arethe features of the plan that are uniqueto that client without spending an ex-cessive amount of time on the basicdocument.

This ability to reuse data in differ-ent documents is how you integrate HotDocs with case management software.Each of the fields in the case manage-ment database can be linked to a field inthe Hot Docs template. You can thenuse the case management program toassemble the Hot Docs documents in away that also allows you to only haveto enter the variables that you wouldnot want in your Time Matters (or Am-icus Attorney) database. The Time Mat-

(continued on page 11)

NAELA News • February 2005 11

P A I D A D V E R T I S E M E N T

ters data base takes care of the rest.This is only the tip of the iceberg. Hot Docs permits

the use of clause libraries to generate documents from acollection of clauses. For those with advanced knowl-edge and skills, Hot Docs actually contains a very richprogramming language. However, it is simple enough touse that anyone should be able to implement it quite eas-ily for basic documents. It is also possible, with Hot DocsPro, to automate fill in the blank forms, including Adobe.pdf files and to integrate these with case managementsoftware. The ABA has a publication, Hot Docs in OneHour for Lawyers that provides a good introduction. Thereis also a good tutorial with the program itself and thereare a number of organizations that do Hot Docs training.So, give it a try and automate your practice.

Roll your Own(continued from page 12)

Help spread the word about the good deeds of elder law attorneys!The National Academy of Elder Law Attorneys, Inc., has designated the month of May as “National Elder

Law Month.” We know that elder law attorneys throughout the United States contribute a great deal to theircommunities by providing pro bono work and educating seniors about their legal needs. Many times elderlaw attorneys receive little or no recognition for their efforts.

This is changing!

By participating in National Elder Law Month activities in your area, you can help promote the professionof elder law and support all of the ways elder law attorneys are making a difference in their communities.

Some of the activities you may wish to participate in include: Conducting a Living Will Day

Organizing a seminar in your local senior center Providing pro-bono work

Lecturing about elder law at a local law school Co-sponsoring a program with your local state bar

Appearing on television and radio Writing an article or editorial for your local newspaper.

and much MORE!

To help you get the most out of your partici-pation in National Elder Law Month, NAELA hasprepared a planning guide that includes: samplepress releases, sample articles, sample lettersto your Mayor, and much MORE!

Go to www.naela.org, members only, thenNational Elder Law Month in the left column formore information.

Don’t delay! Call Ann Krauss, NAELA PublicRelations Coordinator at (520) 323-5786, formore information on how you can participate inNational Elder Law Month.

Get Ready for National Elder Law Month!MAY2005

The Elder Law Firm’s Choice in Identity Up-keepRhonda L. Kyle & Associates

Let our firm be your firm!We get your firm “IN” the door!

Public Relations Creative Services Seminar Production Web Design & Upkeep

Developmental On/Off-Site Consulations

~Promoting Community Identity & Prestige ~

Toll Free 877-934-1444References Available

You’ll be Glad You Did!

12 NAELA News • February 2005

NAELA Affinity PartnerInterActive Legal Systems isWorking to Help YouEstate Planners working with clientsthat have special needs, look no further

ValuableTraining foryour ElderLaw Staff!

The NationalAcademy of Elder LawAttorneys is pleased to

announce a NEWTelephonic Elder Law Staff

Training Program

Monday, February 28,2005 at 3:00 p.m. Eastern

Standard Time

The ABC’s of SNT’s:The Basics

Joan Lensky Robert, Esq.Have you expanded your elder

law practice to include planning forpersons with disabilities? If so, youand your staff will benefit from thissession!! Ms. Lensky Robert willbe discussing the basics of thirdparty and self-settled Special NeedsTrusts (SNTs) and the interrelation-ship between a SNT and govern-ment entitlements. This sessionwill present drafting tips and samplecourt orders used to create trusts.The program will also presentpointers on marketing your practiceto the personal injury bar.

Now, your staff can get thetraining they need to be on top ofthe current issues facing elder lawattorneys today, without even leav-ing the office! All you need is aspeakerphone! Save the time andexpense of sending your staff toNAELA programs...just gatherthem in a conference room and trainthem today – for only $125.00!Please note: Continuing Legal Education(CLE) accreditation is not available forthese programs.

Cancellation policy: Cancellations willreceive a refund minus a $50.00 admin-istrative fee. Cancellation Deadline isFebruary 21, 2005

Register on-line atwww.naela.org

InterActive Legal Systems(www.ilsdocs.com) is a recognized leaderin the estate planning software indus-try, developing and marketing innova-tive, high quality legal automation prod-ucts. ILS serves its customers as atrusted ally, providing the loyalty of abusiness partner with the economics ofan outside vendor. The company is com-mitted to ensuring that its customershave what they need to run their busi-nesses efficiently and effectively. SinceILS provides and services mission criti-cal applications, its products must bedependable and of the highest quality.

The company strives to continuallyimprove and expand its productsthrough its subscription options. Prod-ucts are updated frequently, sometimesas often as monthly, and updates areaccessible as downloads from the web.

The company’s flagship product,Wealth Transfer Planning, is a completedrafting and expert system designed fortoday’s demanding trusts & estates pro-fessional. Authored by JonathanBlattmachr and Michael L. Graham, twoof the most creative and experiencedplanners in the country, this system of-fers a wealth of experience virtually un-matched in the industry. Customers in-clude law firms large and small, rangingfrom solo practitioners who work athome to some of the largest firms in thecountry. Its customers do have one com-mon denominator—the need for elegant,well-drafted forms with extensive draft-ing options. Wealth Transfer Planningis in use by estate planning attorneysand elder lawyers working with a broadrange of clients—from the very wealthyto those of modest wealth, the elderly,their families and people with specialneeds.

Because the company views itssoftware as a service, it believes the keyto success lies in delivering outstand-

ing customer service. Customers aredelighted with the personal supportand training services offered by thecompany’s support and training team.A members-only listserve providespeer-to-peer support. In addition, thecompany offers expanded serviceagreements, which include direct sup-port from its authors.

Wealth Transfer Planning systemsdeliver a wide variety of documents in-cluding Wills, Revocable Trusts, Pow-ers of Attorney, advice memoranda, cli-ent convenience documents, and otherrelated agreements and materials. ILSis working with four prominent NAELAelder lawyers to develop new optionsfor supplemental needs provisions. Itwill continue working with this groupon development of a freestanding El-der Law Planning & Drafting systemthat will contain even more forms andplanning aids for the elder lawyer.

As with all Wealth Transfer Plan-ning systems, extensive content helpis available every step of the way, pro-viding explanations for each questionand guidance to the drafter. Warnings,where appropriate, guide the practitio-ner and help avoid errors.

An exciting development is under-way for early 2005. Wealth TransferPlanning systems are being convertedfor distribution on the HotDocs plat-form. (HotDocs Player software isbundled with the product, at no addi-tional charge). The system includes acustom “wrapper” for HotDocs, mak-ing the system more user friendly thanever! A patent is pending for this inno-vative design.

As an Affinity Partner, the com-pany offers NAELA members a 10%discount off of all products and ser-vices.

Contact: sales@ilsdocs.com andtoll free number is 888-315-0872

NAELA News • February 2005 13

AMERICA’S LIFE STORIESContact: Dennis Stack2733 N. Power Rd., Ste. 102Mesa, AZ 85215602-620-9844info@americaslifestorieswww.americaslifestories

Product information: CapturingLife’s Stories is a simple,inexpensive, easy to use kit thatguides anyone through theproductive recording of their lifeexperiences.

DOCUBANKContact: Madeleine McLaughlinClient Services ManagerPO Box 325Narbeth, PA 19072610-667-3524info@docubank.comwww.docubank.com

Product information: Emergencystorage and retrieval service forliving wills and other advancemedical directives.

INTERACTIVE LEGAL SYSTEMContact: Patricia McLelland5500 Preston Road, Suite 300Dallas, TX 75205(888) 315-0872pam@ilsdocs.comwww.WealthTransferPlanning.com

Product information: WealthTransfer Planning, completedrafting and expert system forlifetime estate planning, byJonathan G. Blattmachr & MichaelL. Graham. ILS offers outstandingcustomer service.

KONICA MINOLTA BUSINESSSOLUTIONS, INC.Contact: Gene Elwell6010 Cornerstone Ct.San Diego, CA 92121858-348-2207800-934-5180, ext. 0, ask for Geneelwellg@kmbs.konicaminolta.uswww.kmbs.konicaminolta.us

Product information: DigitalCopiers/Printers, Color Copiers,Color Printers and Fax Machines.The contact specializes in estateplanning equipment.

PREMIER SOFTWAREContact: Tom Caffrey1230 Brace RoadCherry Hill, NJ 08034856-429-3010tcaffrey@premiersoftware.comwww.premiersoftware.com

Product information: Installationand training of Time Matters andElder Law Feature Packagesoftware for elder law practices.

VIKING OFFICE PRODUCTSContact: Catherine Roberts950 W. 190th StreetTorrance, CA 90502800-421-12220catherine.roberts@vkng.comwww.vikingop.com

Product information: 16,000 officesupplies and products alreadydiscounted up to 69%. Same daydelivery in 25 markets, overnightanywhere delivery free on ordersover $25.00. Free pickup ofreturns.

NAELA Affinity Partners

NAELA AffinityPartner ProgramOffers Discounts toNAELA Members!!

The National Academy of Elder Law Attorneys (NAELA)Affinity Partner Program provides discounts to NAELAmembers on software programs, office supplies and equipment,credit card services, document storage and retrieval servicesand more.

The NAELA Affinity Partner Program was formed to developNAELA partners who are willing to participate in a grouppurchasing program extending discounts to NAELA membersand offering a positive benefit from NAELA.

You can look forward to receiving information directly fromthese vendors, by contacting them for further information.NAELA will announce new partners as they are approved;meanwhile, we encourage you to take full advantage of thismember service, and reap the benefits of your NAELAmembership NOW!

When you see this logo,you can trust our partnersto be responsive and

knowledgeable aboutour members’ needs!

NAELA is proud to introduceAmerica’s Life Stories

as the newest Affinity Partner!

14 NAELA News • February 2005

MarkYourCalendars!

September 28 – October 2, 2005

The National Academy of ElderLaw Attorneys will be having a Joint

Meeting with the National Association ofProfessional Geriatric Care Managers

HOTEL INFORMATIONSheraton New Orleans Hotel500 Canal Street, New Orleans, LA 70130Reservations: (888) 627-7033 Guest Fax: (504) 595-6293

Rate: $175.00 per night, single or double occupancy.

Call the Sheraton New Orleans Hotel at (888) 627-7033 and mention that you are with theNAELA Conference to receive the special rate of $175.00 per night plus tax for single or doubleoccupancy. Reservations are on a first-come, first-served basis and the group rate cannot beguaranteed after Friday, August 19, 2005. Be sure to make your reservations early!

Navigant International can assist you with your travel needs 800-229-8731. Pleasenote: As with all travel agencies, a service fee will apply.

FOR MORE INFORMATION, VISIT WWW.NAELA.ORG OR CALL 520/881-4005.

MAY 18 - 22, 2005 / NAELA SYMPOSIUMThe Fairmont Hotel, San Francisco CA. For more information contact the NAELA Office at(520) 881-4005 or visit www.naela.org for complete registration information.

SEPTEMBER 29 - OCTOBER 2, 2005 / 2005 ADVANCED ELDER LAW INSTITUTEA Joint Meeting with the National Association of Professional Geriatric Care ManagersSheraton New Orleans Hotel, New Orleans, LA

SPRING / 2006 SYMPOSIUM / Washington, D.C.

FALL / 2006 INSTITUTE / Las Vegas, NV

SPRING / 2007 SYMPOSIUM / Cleveland, OH

FALL / 2007 INSTITUTE / Atlanta, GA

SPRING, 2008 / 2008 SYMPOSIUM: 20 YEAR ANNIVERSARY / Hawaii

Scheduleof Events

NAELA News • February 2005 15

NAELA Membersin the News(continued from page 1)

NAELA was mentioned asa resource in:

“The Big Squeeze,” in theDecember 2004 issue of MoneyMagazine.“Home & Family – FamilyMatters: Hard Holidays: FacingAging Parents’ Decline,” in theDecember 2, 2004 issue of TheWall Street Journal.

NAELA Membersin the News:

Robert S. Bullock, Esq.,Jacqueline D. Byrd, Esq.,Kathleen R. Cossa, Esq., WilliamS. Fralin, CELA, Morris Klein,Esq., and Ron M. Landsman, Esq.,were named as Washington’s TopLawyers in elder law in theDecember 2004 issue of Washing-tonian Magazine.Stuart D. Zimring, Esq., BernardA. Krooks, CELA, Rebecca C.Morgan, Esq., and Timothy L.Takacs, CELA, were quoted in“Safe ‘n Sound,” which waspublished in the December 2004/January 2005 edition ofBloomberg.Bernard A. Krooks, CELA, wasquoted in “Group Dynamics,”which was published in theDecember 2004/January 2005edition of Bloomberg.Daniel G. Fish, CELA, wrote thearticle titled “The Practical Side,”which was published in theWinter 2004 edition of CaringToday.Elizabethanne (Betsy) M.Angevine, Esq., was quoted in“When Home for the HolidaysReveals a Decline,” which waspublished in the December 27,2004 edition of Los Angeles Times.

Lauchlin T. Waldoch, CELA, wasquoted in “Judge To Decide theFate of Man With Living Will,”which was published in theNovember 20, 2004 edition of TheMiami Herald.

Lauchlin T. Waldoch, CELA,and Scott M. Solkoff, Esq., werequoted in “Hospital, Wife BattleOver Patient With Living Will,”which was published in theNovember 20, 2004 edition of TheBradenton Herald, The Tallahas-see Democrat, St. PetersburgTimes, The Orlando Sentinel andThe Miami Herald.

Jeffrey A. Marshall, CELA, wasquoted in “Ask Francine,” whichwas published in the November29, 2004 edition of Time Maga-zine.

A. Frank Johns, CELA, andBernard A. Krooks, CELA, wrotethe article titled “Alive, Kickingand Incapable,” which waspublished in the November 2004edition of Trusts and Estates.

Donna R. Bashaw, CELA, wasquoted in “3 Floors Up, She Can’tGo Down Until Lift Fixed,” whichwas published in the October 28,2004 edition of Los Angeles Times.

Ronald A. Fatoullah, CELA, wrotethe article titled “Selling One’sHome And Excluding CapitalGains,” which was published inthe December 8, 2004 edition ofThe Queens Courier.

A. Frank Johns, CELA, wasmentioned in “Lawyers In theNews,” which was published inthe December 6, 2004 edition ofNorth Carolina Lawyers Weekly.

William J. Browning, CELA,was quoted in “Legal Help forSeniors and Their Families,”which was published in theJanuary 12, 2005 edition of TheChristian Science Monitor.

William G. Hammond, Esq.,was quoted in “Firm OffersAlzheimer’s Resources,” whichwas published in the November 4,2004 edition of The Olathe Sun.

Timothy L. Takacs, CELA, wasquoted in “Elder Law Looks Outfor Senior Rights,” which waspublished in the December 2004edition of Nashville MedicalNews.

Vincent J. Russo, CELA, washighlighted as the New YorkChapter President in “NAELAForms NY Chapter,” which waspublished in the November 12,2004 edition of Long IslandBusiness News.

Elder Law/ Elder LawAttorney Articles:

In addition to those media quot-ing NAELA by name, the following aresome articles as a result of communi-cations efforts of NAELA that men-tioned elder law or elder law attorneys:

“Retire in the Black,” in theDecember 2004 issue of Con-sumer Reports.“Advisor’s Corner: InformationKey to Handling Burden ofAlzheimer’s,” in the January 9,2005 issue of The Santa Fe NewMexican.“What Every Long-DistanceCaregiver Should Know,” in theDecember 5, 2004 issue of TheDallas Morning News.

CongratulationsCELAs

David R. LipkaPlymouth, PA

Margaret O’RiellyHerndon, VA

Matthew ParkerJersey Shore, PA

Jan C. RosenthalWest Hartford, CT

16 NAELA News • February 2005

Pre-sessionsMAY 18, 2005

NAELA Fundamentalsof Elder Law

8:00 a.m. – 5:30 p.m.Separate RegistrationRequired“The Fundamentals of ElderLaw” is presented annuallyfor attorneys who are new tothe field of elder law or forthose seeking a good reviewcourse on prominent elderlaw issues. This full-day pre-session includes acomprehensive review of thefollowing topics:

Capacity Issues IncludingAdvance Directives andSurrogate Decision Making

Nursing Home andCommunity MediCal/Medicaid

Estate Planning-Elder LawStyle

Medicare Appeals

Nursing Home ResidentsRights and Housing

Litigation

Social Security

Office Practice/ClientDevelopment

AdvocacyLitigation SIG - ”TheCompelling Advocate”

8:00 a.m. – 5:00 p.m.Open to AllSeparate RegistrationRequiredEnhance your ability to delivera powerful openingstatement, learn how tocontrol a witness in directand cross examination andclinch a victory in closingargument with a dynamicpresentation. Attend thispre-session and experiencefor yourself the positive effectof powerful ideas, skillfullypresented!

950 Mason StreetSan Francisco, CA 94108

415.772.5000

$229.00 plus tax for Main Building$259.00 plus tax for Deluxe Tower Rooms

Contact The Fairmont at (800) 441-1414or at www.fairmont.com before April 1, 2005 tosecure your reservation at the NAELA group rates.

2005 Symposium Committee Co-ChairsDoris Hawks, Esq. and Ruth Ratzlaff, Esq.

Keep up to date with conference details at www.naela.org.

National Academy of Elder Law Attorneys1604 N. Country Club Road / Tucson, AZ 85716520-881-4005 Phone / 520-325-7925 Fax

National Academy of Elder Law Attorneys

May 19-22, 2005Basics Day/Pre-Sessions: May 18, 2005

The Fairmont San Francisco

NAELA News • February 2005 17

To Subscribeto the NAELANational MemberListservUse the following link:

http://lists.naela.org to join NAELANational Listserv. Simply cut and paste thislink into your Internet address box. Once atthe website, click on the members link andfollow the directions. You will receive aconfirmation email. By following the instruc-tions on the website we will be able toconfirm that we have the correct informationon file for you and we will make any neces-sary changes.

If you have any problems, please emailVicki Kanarr, NAELA Listserv Coordinator atvkanarr@kellencompany.com and place in thesubject line “Problem subscribing to NAELAMember Listserv.” Detail the problem you arehaving and she will be happy to respond backto you with an answer.

Finding a fellow NAELAmember is a click away!Did you know that the NAELA membershipdirectory is available online at www.naela.org andis updated on a weekly basis?

So next time you’re looking for an address,phone number or e-mail of an NAELA member,just go online where you’ll find the most currentinformation!

NAELA Announces Availabilityof Symposium Tuition Scholarship

The National Academy of ElderLaw Attorneys proudly announces theVivian Cohn Smith Scholarship forPatient Advocacy to be awarded for at-tendance at the 2005 Symposium in SanFrancisco, CA. This year, the Academyis pleased to be able to offer two schol-arships.

The scholarship was establishedthrough the NAELA Memorial Fund inmemory of Vivian Cohn Smith. It is aneeds-based scholarship, covering tu-ition and room at the 2005 Symposium.The scholarship, awarded annually, isavailable to elder law attorneys who areunable to afford to attend a NAELASymposia, and who would use the train-ing to assist and advocate on behalf ofthe disabled and incapacitated.

The Vivian Cohn Smith Scholar-ship for Patient Advocacy was made

possible through the generous dona-tions made in Vivian’s name to theNAELA Memorial Fund by Vivian’s fam-ily and friends; Needham, Mitnick &Pollack, plc; and other individuals andlaw firms. Vivian, the sister of NAELAFellow Helen Cohn Needham, CELA,passed away in November 1997 after a10-year fight against breast cancer. Shelearned the value of patient advocacyfrom her own experience–Vivian was adisability worker for the state of NorthCarolina and saw her role using whatshe had learned as a patient to advo-cate on behalf of others.

Application ProcessThe applicant must send a statementto NAELA (no more than one pagelong) that explains the following:

Applicant’s current job/positionand involvement in elder law.Why the applicant needs thescholarship.How the applicant would applythe training received at thesymposium to her/his advocacyon behalf of patients.

Selection ProcessThe family of Vivian Cohn Smith will

review all applications and determine towhom to grant the scholarship.

All applications must be submittedno later than March 15, 2005. Applica-tions must be sent to Bridget Jurich,NAELA, 1604 N Country Club Rd., Tuc-son, AZ 85716-3102.

Deadline for Applications

18 NAELA News • February 2005

Who Are ‘Ya Gonna’ Call?...MENTORS!By Lauchlin T. Waldoch, CELA,Mentor Program Subcommittee Chair andBarbara S. Hughes, Esq.,Membership Committee Chair

tive areas. Every CELA, NAELA Di-rector, Fellow and NAELA ChapterPresident will be invited to partici-pate as a mentor, as will any otherNAELA member, who meets the ex-perience criteria and wishes to par-ticipate. Prospective mentors will beable to sign up at each NAELAevent or by completing and faxingto the NAELA staff a form that willbe found in the NAELA News andon the NAELA website(www.naela.org). Once a panel of10 mentors exists for a substantive

area, the paneland topic willbe identifiedand dissemi-nated to themembersh ipvia the NAELANews and thewebsite. Look,too, in the vari-ous SIG news-letters for men-tor panels in ar-eas related tothe respectiveSIG’s focus.

Prospec-tive menteesmay contactany one ormore of thepanel membersdirectly. Guide-

lines for managing this relationshiphave been established and are re-produced at the conclusion of thisarticle. Although framed as “guide-lines”, these parameters are derivedfrom years of experience in severalformal as well as informal programs,and should be thoroughly reviewedand followed each time the menteecontacts a panel member. Theguidelines are based on courtesyand common sense, and should notbe difficult to follow as long as the

parties keep firmly in mind what the pro-gram is designed to do, i.e., provide as-sistance and guidance. This program isnot intended to be a substitute for re-search and initiative by the mentee or forhiring co-counsel when a client requiresthe expertise of a more experienced attor-ney for a particular task or service. Nor isthis program to be used as a substitutefor hiring local counsel in another statewhen the client or his property is locatedthere or the client contemplates movingthere.

The program will be evaluated andmonitored by the MembershipCommittee’s Mentor Program Subcommit-tee. Thus, as you participate, whether asa mentor or as a mentee, be sure to pro-vide feedback to help with that endeavor.One aspect of a successful national men-tor program will be how state-specific is-sues are handled. Certainly the programdoes not preclude state-specific ques-tions, and the concept embraces all elderlaw related issues, particularly within thedesignated substantive areas. Adheringto the guidelines related to researchingand framing the issues should encourageearly identification of state-specific issuesand allow the parties to address how tohandle them in the context of each situa-tion. Again, consistent comprehensivefeedback by all involved will be critical tobuild and fine-tune this program into yetanother special NAELA tradition.

The Mentor Program is continuingevidence that this is a very exciting timeto be a member of NAELA. This uniqueopportunity to expand the breadth andscope of contact among members can onlyenhance the services we provide to ourclients and communities. One more ben-efit of NAELA membership!

The nature of elder law practice makesit imperative that an attorney understandand analyze the implications and applica-tions of local law and practice before ad-vising clients. Statements of fact andopinion are the responsibility of thementee/mentor and do not imply an opin-ion or endorsement on the part of NAELAor the officers or directors of NAELA.Opinions and counsel from a mentorshould not be used as a substitute for theopinion and judgment of the mentee.NAELA disclaims responsibility for theacts and omissions of mentors, and byparticipating in this program menteesagree to hold NAELA harmless for thesame.

Since its inception, one of NAELA’sstrengths has been the collegial spirit ofthe members. For years, this has trans-lated into an incredible, if informal, net-work of practitioners always willing to takeanother NAELA member’s call to discussan issue or help think through a dilemma.As NAELA has grown, the organizationhas refused to lower its standards of sub-stantive knowledge, practice or conduct;witness the enhancement of programsnow available from basic to advanced, inperson or on the net, and the recently pro-mulgated Aspirational Standards for thePractice of ElderLaw, proposed foradoption by themembership thisspring. One moreexample of this com-mitment to excel-lence and continua-tion of the NAELAtradition of collegi-ality is the newlyminted Mentor Pro-gram.

The MentorProgram is designedto formalize thementor process.Nothing in the pro-gram precludes anyinformal mentor rela-tionship, but ratherthe program willmake the mentorconcept better known and mentors morereadily accessible. The concept is basedlargely on the long and successful men-tor program of the Elder Law Section ofthe Florida Bar but also incorporates ideasfrom the Wisconsin Lawyer to Lawyer pro-gram, suggestions of the Mentor ProgramSubcommittee of your Membership Com-mittee, and responses to the 2004 Mem-bership Committee’s website survey of theNAELA membership.

The Mentor Program uses as its plat-form a panel of mentors for 17 substan-

The Mentor Program isdesigned to formalizethe mentor process.

Nothing in the programprecludes any informal

mentor relationship,but rather the programwill make the mentorconcept better known

and mentors morereadily accessible.

NAELA News • February 2005 19

NAELA Mentor Panel Guidelines

interest. No privity or appearanceof privity between the mentor andthe mentee or the clients of thementee should be established.

Serving as a Mentor1. When an attorney becomes

certified (CELA), a letter will bewritten to him or her asking if he orshe would be interested involunteering on the mentor panel.

2. Requests for new mentors is donethrough the various NAELApublications such as the News andQuarterly, as well as by eblast, onthe listserve, the website, inbrochures, mailings, and atprograms such as the Symposium,the Institute and the Unprogram.State chapters and local/state elderlaw groups may also disseminaterequests for NAELA mentorsconsistent with these guidelines.

3. Five years in practice, with threeyears practicing elder law, isrequired for mentor volunteers.

4. Mentors are listed by substantivetopics/issues and by state. Theyare also listed by name, telephonenumber, specialized area(s) ofpractice, geographic area and courtadmission as applicable.

5. The mentor is to serve as a guide,helping the mentee define theissues and directing the mentee tothe applicable reference materials.In addition, the mentor may offerguidance on practice managementconcerns, professionalism andethics.

6. The mentor should not be ex-pected in most cases to prepare orreview documents, meet or speakwith clients or incur any costs orexpenses.

7. If the mentor believes that thementee cannot handle the matteron his or her own, the mentorshould recommend that he or sheseek co-counsel or that he or sherefer the matter to a more experi-enced lawyer. The mentor may

offer to serve as co-counsel, butthis should not be expected bythe mentee and is not the purposeof the mentor-mentee relationship.

8. The mentor shall keep a record ofthe number of inquiries he or shereceives. This information willassist NAELA in evaluating andmaking adjustments to theprogram.

9. The mentor’s commitment isopen-ended, may continue for aslong as the mentor is a member ofNAELA and may be terminated bythe mentor any time by writtennotification to the NAELA office.

The NAELA Directoryof Elder Law MentorsSubstantive AreasElder Abuse and ExploitationFamilyGuardianship/ConservatorshipHealth Care DirectivesInsuranceLitigationMedicaid Planning/Asset PreservationMedicareNursing Home IssuesPersonal InjuryPractice ManagementProbate and Estate AdministrationReal EstateSocial SecuritySpecial Needs/Disability TrustsSSITaxation – EstateTaxation – Income

The nature of elder law practicemakes it imperative that an attorney un-derstand and analyze the implicationsand applications of local law and prac-tice before advising clients. Statementsof fact and opinion are the responsibil-ity of the mentee/mentor and do not im-ply an opinion or endorsement on thepart of NAELA or the officers or direc-tors of NAELA. Opinions and counselfrom a mentor should not be used as asubstitute for the opinion and judgmentof the mentee. NAELA disclaims respon-sibility for the acts and omissions ofmentors, and by participating in thisprogram mentees agree to hold NAELAharmless for the same.

(continued on page 21)

IntroductionThe NAELA Mentor Panel is de-

signed to give guidance to NAELAmembers who have not had extensiveexperience in handling certain elder lawmatters, and to have access to experi-enced elder law attorneys who havevolunteered to serve as mentors tothose requesting guidance. The pro-gram is administered through theNAELA state chapters and in conjunc-tion with state elder law sections orseparately as may be appropriate. ThePanel format of mentors provides formore than one mentor in a particularfield of practice to offer assistance.

Guidelines forMentors andMentees

Etiquette for MenteesWhen contacting a mentor, the

following courtesies should beobserved:

1. Do not call collect.

2. Identify yourself.

3. Have the issues researched andframed in your own mind beforecalling.

4. Ask the mentor for the preferredmode of communication, i.e.,email, telephone, etc.

5. Be forthcoming as to the reasonfor your call.

6. Limit your call to 10 minutes orless out of respect for thementor’s time.

7. Do not seek legal advice foryourself as a client.

8. Be sure not to refer to the mentorwhen speaking with clientsunless approved in advance bythe mentor and hired as co-counsel.

9. Questions posed to the mentorshould be hypothetical in nature.The identities of the parties andmatters should be disclosed tothe mentor for the sole purposeof resolving possible conflicts of

20 NAELA News • February 2005

“Ten Points to ConsiderWhen Selecting a SkilledNursing Facility”By Christine J. Wilson, Esq. and Ruth Phelps, CELA

Our clients come to us for assis-tance with their estate planning, assetpreservation and other questions in an-ticipation of long term care. What do wetell these family members who ask ouradvice on choosing where their lovedone will receive long term care?

In selecting a Skilled Nursing Facil-ity (SNF) you are deciding how some-one you love will live for the next fewyears. In our experience, the followingpoints are important, if not crucial, toconsider when selecting a SNF.

1. Approach a prospective nursingfacility with a positive attitude.Despite the horror stories thatprovide fodder for the eveningnews, most people who work innursing facilities are professionalsand proud of the work that they do.Of course, some facilities are betterthan others and that is why you areevaluating more than one.

2. Do not confuse SNF care withassisted living. Do not be shockedor upset by the fact that you willsee some nursing home residentswho are very ill, often mentally aswell as physically. You are lookingfor quality of care. If your familymember is more alert and needs aquiet room, be sure to discuss thiswith the person showing you thefacility. The residents in assistedliving may look healthier but thatkind of facility may not be able toprovide the level of care andsupervision by licensed nurses thatis provided by a skilled nursingfacility.

3. Location, Location, Location. Aswith any place you live, location iscrucial. A very important factor inreceiving good SNF care is familyinvolvement. Therefore, try first tofind a facility that is convenient forfamily to visit.

4. Conduct your own inspections. Findthe three most convenient facilitiesand check each one three times asfollows:

First visit: Go in during businesshours, tour the facility, meet theAdministrator, Director of Nurses(DON) and social worker, read thesurvey report, and ask questions. Ifthis is a short term admission forphysical rehabilitation, talk to thetherapy department as well. Findout how long key staff, such as theAdministrator and the DON, havebeen working there. Ask aboutfacility ownership. Find out howeach shift is staffed (registerednurses, licensed vocational/practical nurses, certified nursingassistants, uncertified staff) so thatyou can compare among facilities.Although there is usually a specificregulatory requirement for nursinghours per day, (ie. 3.5 hours per dayof nursing care per patient)different facilities may allocate thisdifferently between nursing shiftsand some may exceed the minimumto a greater extent than others.Second visit: Go in during theevening meal and observe interac-tions between CNAs and residents.Pay particular attention to residentswho need encouragement withmeals. Are they receiving it? Arethe patients dressed appropriatelyfor the time and season?Third visit: Go in on the weekend.Talk to family members visitingother residents about their experi-ences with the facility. Look to seeif there are activities. Ask to speakto the nurse in charge on theweekend and find out how long heor she has worked there. Get ageneral feeling for the place duringa busy day shift when the higherlevel administrative staff people arenot there. Are the staff membersinteracting with residents or talkingover residents’ heads to eachother?

5. Will your loved one’s special needsbe accommodated? If your familymember is a fussy eater, ask abouthow often the dietician visits and

how much flexibility is available withthe planned menus. If he or she hasAlzheimer’s, find out about anyspecial programs as well as whatsafeguards are placed to preventwandering. If your loved one speaksEnglish as a second language, ask ifthere are any staff members whospeak your family member’s primarylanguage.

6. Do not rely on reputation. A goodfacility can go downhill quickly and abad reputation can haunt a facilityfor a long time even after a completestaffing change.

7. Do not rely entirely on the surveyreport. It is merely a subjectivesnapshot of a particular 3 to 5 dayperiod which focuses more on “papercompliance” than patient care. Forexample, surveyors look to see thatCNAs are charting whether or not apatient is repositioned every twohours to make a determination as towhether this is really being done. Itis just as likely that the care is beingprovided but not documented as it isthat the care is documented and notprovided. So, if you see negatives onthe survey, ask the administrator andDON about them and see what theysay. When one author followed thisadvice with her best friend whoneeded to find a place for her father,she choose the facility with theWORST survey report because herown evaluation placed it #1. Herfather was there for three years,received good care and his daughtercontinues to volunteer there eventhough her father is deceased.

8. Who will follow your loved one’scare? Find out whether or not aphysician who knows your familymember will follow him or her to thenursing home. Most will not.Therefore, find out about thephysician who will be following thecare and contact him or her. If thephysician is not receptive to this,find another. Sometimes a goodchoice is the facility medical directoras he or she is often more accessible.However, remember that physiciansusually only visit every 30 days andrely heavily on the eyes and ears ofthe nursing staff.

9. Be sure to discuss financial issues.Be aware that Medicare or the HMOwill pay only for a limited time. Does

(continued on page 21)

NAELA News • February 2005 21

We need MENTORS forNAELA’s Mentoring Panel!!!

As a service to both NAELA members and to the profession of elder law,NAELA is proud to offer a mentor program. The NAELA Mentor Panel is designedto give guidance to NAELA members who have not had extensive experience inhandling certain elder law matters, and to have access to experienced elder lawattorneys who have volunteered to serve as mentors to those requesting guidance.

The panel format of mentors provides for more than one mentor in a particularfield of practice to offer assistance. NAELA will compile a list of mentors, basedupon the substantive areas of practice for which they offer their services, as notedbelow. NAELA members who wish the guidance of a mentor may call/email amentor from the published list.

The success of this program depends on the participation of our experiencedpractitioners. Please read the guidelines and sign-up!! Operational guidelinesare posted on the NAELA website and available at the NAELA office. The currentlist of mentors will be published in each issue of the NAELA News, posted on theNAELA website (www.naela.org), and the SIG newsletters. Thank you!

Yes, I am willing to be a mentor in the following area(s):Elder Abuse and ExploitationFamilyGuardianship/ConservatorshipHealth Care DirectivesInsuranceLitigationMedicaid Planning/Asset PreservationMedicareNursing Home Issues

the facility accept Medicaid(MediCal in California) if longtermcare is needed? Unless yourfamily member is wealthy enoughto easily pay for care or clearlyindigent enough to qualify forMedicaid, seek the advice of acompetent elder law attorneybefore you make a costly mistake.

10. You are not married to the SNF.Remember you can choose a newSNF if things don’t work out.Simply check out other facilitiesand move your loved one. Theonly down side is that Medicarewill not pay for the cost of thetransfer but if this is a long termsituation then it is worth themoney for medical transport ifneeded. Remember, many resi-dents who need SNF care are stillwell enough to travel a shortdistance in a passenger automo-bile driven by a family member.

Authors: Christine J. Wilson, RN, JD,Tyler & Wilson, Los Angeles, CA &Ruth Phelps, JD, LLM (Taxation)CELA, Phelps, Schwarz,& PhelpsPasadena, CA. The authors encour-age the readers to add to this listand provide it to clients.

The NAELA E-Bulletin Is Here!Have you sent us your e-mail address yet?

Personal InjuryPractice ManagementProbate and Estate AdministrationReal EstateSpecial Needs/Disability TrustsSocial SecuritySSITaxation – EstateTaxation - Income

Name ____________________________________________________________________

Firm _____________________________________________________________________

Address _________________________________________________________________

City ____________________ State _______________ Zip _________________________

Phone __________________________ Fax _____________________________________

Email ____________________________________________________________________

Jurisdiction in which I’m licensed and willing to facilitate: __________________________

MAIL OR FAX TO: NAELA • Attn: Bridget Jurich, Account Manager •1604 N. Country Club Rd. • Tucson, AZ, 85716 • 520-325-7925 (fax)

This brand new NAELA memberbenefit was introduced in January,2003 and gives you a weekly, substan-tive update on the very latest in elderlaw—simply by receiving one e-mail aweek. Don’t miss out on this opportu-nity offered exclusively to NAELAmembers. Sign-up by e-mailingAnabel Gray at agray@naela.com

Ten Points to ConsiderWhen Selecting a SkilledNursing Facility(continued from page 20)

NAELA Mentor Panel Guidelines(continued from page 19)

22 NAELA News • February 2005

What’s new, what’s hot inWashington DC?

How will legislative changes affectyour practice?

How can you help?

Check out what’s happening inyour state!

Click Our Gov in the members onlysection for more information.

Our GovThe Illinois Chapter of NAELA hosted anothersuccessful State Unprogram in October 2004,at Loyola University in Chicago. The topicsdiscussed ran the gamut from software tostaffing issues and Medicaid to mentalcompetency. Over fifty lawyers attended, bothexperienced Elder Law attorneys and thosenew to the field. Special thanks goes out toBecky Mitchell, Chairperson of our Chapter’sEducation and Programming, for organizingthis event, and to Professor Marguerite Angelarifor coordinating services with Loyola University.We look forward to another great Unprogramthis October.

Illinois Chapter Corner

By Amy DeLaney

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NAELA News • February 2005 23

February, 2005

Dear Colleagues,

We are pleased to announce that we will honor

Stephen J. Silverbergwith the

2005 NAELA THERESA AWARDfor his

Outstanding Community Service

The award will be presented at

NAELA Symposiumand at our

Eleventh Annual Theresa Awards DinnerFriday, April 22, 2005 in New York

We are grateful to Steve for his commitment to improving thequality of life for seniors and people with disabilities.

Steve is an unconditionally generous man who lives life from theheart. Reaching out and touching the lives of others in an everydayexperience for him...he knows no other way to live.

Steve’s call to join the Theresa Foundation was answered withan immediate and active “Yes, I am here for you.” From the beginning,Steve’s love of golf has made him a prime mover of the annual“Swingin’ for Theresa” golf outing which very successfully benefits thework of the Theresa Foundation.

We are hoping that you can help us again this year to continueserving children with special needs by purchasing raffle tickets or byplacing a journal ad in recognition of Steve’s dedication to children aswell as adults in need. Help us make a difference!

Sincerely yours,

Vincent J. Russo

HONOREESBrother Rick Curry, S.J.

Stephen J. Silverberg, Esq.

HONORARY CHAIRMsgr. Thomas J. Hartman

COMMITTEESusan S. Russo

ChairVincent J. Russo, Esq.Steven Biggane, CPA

Kathy BuskStephanie C. DeMarco

Margo EzerDaniel G. Fish, Esq.and Sandy McGill

Laury Adsit GelardiAlicia L. Hines

Judy Murdaugh-Jacksonand Wayne Jackson

Jane S. JamesBernard A. Krooks, Esq.

and Robin KrooksRev. James L. Maltese

Joan andCharles Nicoletti

Marie Elena Puma, Esq.and Michael Re, Esq.

Lisa RachlinRonald K. Riebi

Joan andCharles RobertBarbara andDante RussoSusan and

Frank RussoWendy H. Sheinberg, Esq.

Robin SilverbergDiane Uda

THERESA