News
ElderCounsel Principal Howie Krooks was quoted recently in a Wall Street Journal article addressing the concerns of families serving as caregivers. There are some great statistics in the article as well as links to helpful resources for you and your clients. A good portion of the article talks about caregiver agreements and the importance of compensating caregivers and making sure everything is in writing. Here is the link to the article:
Siblings Step Up
Mississippi CSRA and MMMNA Case. The Supreme Court of Mississippi affirmed the lower court's ruling that a state court has no jurisdiction to increase the Community Spouse Resource Allowance (CSRA) or Minimum Monthly Maintenance Needs Allowance (MMMNA) prior to a petitioner filing for Medicaid.
Click here for the case.
New Jersey Personal Services Contract Case. The Superior Court of New Jersey Appellate Division upheld a penalty assessed under a personal service contract (called a "life care contract") between the petitioner and her daughter, in which petitioner made a lump sum advance payment to her daughter for the future provision of personal care services.
Click here for the case.
An Exciting New Development Regarding Promissory NotesWe are pleased to announce that Florida has recently changed its Medicaid Manual to remove language that previously rendered all promissory notes countable resources, even if they were DRA compliant notes. With this change in the Medicaid Manual, it appears that the restriction on the use of notes in Florida has been lifted, although only time will tell if the countability issue has been resolved fully through actual Medicaid Applications being filed where notes were utilized in the planning. The change in policy by Florida Medicaid was accomplished through months of advocacy on the part of the Academy of Florida Elder Law Attorneys (AFELA) and Florida Bar Elder Law Section Joint Public Policy Task Force, led by a sub-committee of Task Force members consisting of Howie Krooks (ElderCounsel Principal), Lauchlin Waldoch and Ellen Morris.
This is important not just to Florida attorneys, but to anyone who lives in a state where promissory notes are not currently allowed. To quote Howie Krooks, “The moral of the story is of course that, at least in our experience, it is worthwhile to pursue an ongoing relationship with Medicaid, one that spans the test of time and not just an occasional contact. It may not resolve every issue, and litigation will remain an option for some issues that cannot be resolved in this way. Having said that, ongoing communication could provide an extremely useful and powerful way to effectuate change in Medicaid policy and, at a minimum, will reveal to the elder law bar (and vice versa) the thinking of the Medicaid agency on important policy issues. We hope that elder law sections and NAELA Chapters around the country will be encouraged to blaze this trail by learning of our experience in our collective ongoing efforts to effectuate positive policy change in matters relating to our profession and our clients.”
Click here for the article outlining the efforts of the Task Force and sub-committee in making this change at the state level. This is a great example of the advocacy which can be done within individual states to effectuate change. Congratulations to the Joint Task Force and to Howie, Lauchlin and Ellen for a job well done!
ElderCounsel has made it to the floor of the U.S. Congress! ElderCounsel Principal Michael Amoruso, Esq. has been recognized by Honorable Nita M. Lowey for his advocacy for seniors and persons with disabilities. Michael was honored for his part in forming ElderCounsel, LLC, the premier elder law and special needs document drafting provider as well as his commitment to providing compassionate comfort and care for those with serious illness as a practicing attorney. The Honorable Nita M. Lowey further honored Michael for offering his community a beacon into how society should treat the sick and elderly.
Click here for more details!
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Please join us in congratulating ElderCounsel principal Howard S. Krooks, J.D., CELA, CAP for being named a New York Super Lawyer - Metro Edition for the second consecutive year. He recently became Of Counsel to ElderCounsel principal Michael Amoruso's firm in Westchester, NY. |
Howie Krooks, one of our ElderCounsel principals, was recently awarded the honor of becoming a Fellow with the National Academy of Elder Law Attorneys (NAELA). NAELA Fellows are attorneys who have been members of the Academy for at least three years, whose careers concentrate on elder law, and who have distinguished themselves both by making exceptional contributions to meeting the needs of older Americans and by demonstrating commitment to the Academy. Election as a Fellow signifies that the lawyer is recognized by peers as a model for others, and an exceptional lawyer and leader.
Howie was also recently elected Secretary of NAELA, and he will be a presenter at the upcoming NAELA National Conference.
Michael Amoruso was recently elected President of the New York NAELA chapter, and Chair of the New York State Bar Association Elder Law Section. Michael will also be featured on the television show, “Family Comes First™.” “Family Comes First™” is an ongoing television series that focuses on challenges real-life families in New York are facing and offers viewers advice and resources from leading community organizations. Each episode focuses on one topic – Arthritis, Elder Care, Alzheimer’s, Special Needs – and profiles the challenges and triumphs of one family and offers viewers information on resources available to them from local community organizations.
ElderCounsel is now blogging! ElderCounsel recently started its own Blog at
www.eldercounselblog.com. Please visit the blog and subscribe to receive updates!
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Events
The following is a list of events ElderCounsel will be attending the next few months. Please stop by our table and say hello – we would love to meet you!