2010 NAELA Advanced Fall Institute & Introduction Workshop

Did you register yet?  The exciting and informative program is now less than 3 months away…Book your airplane reservations, hotel room at the San Diego Sheraton Hotel & Marina and registration at discounted rates before the prices go up!  The speakers and topics presented are all set, and the registration form is ready to completed at www.naela.org.

Didn’t catch the sessions?

Didn’t catch the session you wanted…no worries!  All of the 2010 NAELA Elder & Special Needs Law Annual Meeting sessions will be available for purchase through NAELA’s Online Education Library.

Recent cases

Here are the cases Rebecca Morgan and that guy she was carrying talked about this afternoon:

J.P. v. Mo. Fam. Supp. Div., 2010 WL 1539870 (Mo App, 04/20/10) — Missouri’s statute requiring that the institutionalized spouse be named as primary beneficiary of any annuity is interpreted to permit the community spouse to be the first beneficiary, the IS second, and the state third.
 
State ex rel. Indiana State Bar Ass’n v. United Financial Systems Corp., 2010 WL 1486902 (Ind, 02/14/2010) — Unauthorized practice of law complaint against a trust marketing group which charged $2695, paid an attorney $225 and the salesman $750 for each trust sold.
 
Alford v. Miss. Div. Medicaid, 30 So. 3d 1212 (Mississippi, Mar. 2010) — Mississippi Court of Appeals rules that community spouse can not seek an increased CSRA or CSMIA in court proceeding until after “administrative remedies” are exhausted.
 
Doherty v. JPMorgan Chase Bank, 2010 WL 1053053 (Tex.App.-Hous. (1 Dist.) (03/11/2010)(unreported) — Trust for surviving spouse gave her the power to direct distributions. Trustee declined to make distributions, and the surviving spouse brought an action to (a) compel the distribution and (b) establish that the trustee’s failure to make the distribution created a vacancy in the office of trustee. State Court of Appeals agrees.
 
Miller v. Kresser, 2010 WL 1779899 (Fla. App. 05/05/2010) — spendthrift trust does not “merge” just because the trustee lets the beneficiary direct trust administration and distributions. Beneficiary’s creditors can not pierce the trust.
 
Wade, PR of Estate of Wade v. Clarion Mortgage Capital, Inc. 2010 WL 1849376 (Mo.Ct. App. 05/11/2010) — recovery against mortgage company for abusive practices in marketing loans to vulnerable seniors to have them order home repairs. Very interesting narrative about how the loan company worked.
 
E.S. v. Div. Medical Assistance & Health Services, 990 A.2d 701 (NJ App, Mar. 2010) — 97-year-old mother paid daughter $56,550 for life care contract. State intermediate appellate court ruled that the agreement had no economic validity: “it is specious to suggest otherwise.”

Day 3

Tomorrow morning the day kicks off with a general session on understanding fraud vs. older persons. The presenters are Doug Shadel, State Director AARP Washington state & Bridget Small, Director of the Fraud Fighter Call Centers (AARP).  I have been in other sessions they have done and they have terrific information for us.  Set your alarms so you don’t miss this session!

Congrats to state chapter members

At the lunch today, various state chapters recognized individual members for their contributions to their chapter. Congrats to all of them!

Welcome to Day Two

Welcome to Day Two.  The general sesssion is just starting– featuring Professor Jeff Pennell who will talk about drafting trust administration provisions. You won’t want to miss this so head on over to the conference center!

Board of Directors, Part II

Yesterday the Board of Directors meeting ran long — we didn’t finish up until about 6PM — and I didn’t get around to posting my second-half report. So here are some of the other items we managed to tackle during our semi-marathon session:

1. We reviewed NAELA’s financial situation and budget for the rest of this year. After a scary start last year, careful budget monitoring and cost cutting has resulted in a projected budget surplus, and we currently have over $250,000 in cash. Of course, that good news has to be tempered with the reality that it is early in the year — we get lots of dues money in the first month or two, and then have steady expenses throughout the rest of the year. Still, the financial picture is vastly improved over last year’s scary situation.

2. We had a very interesting report from NAELA staffer Kirsten Brown Simpson. She has analyzed the membership information she can extract from our prior management company’s records, and observes that we have a very high renewal rate from members, a strong loyal following, and members willing to spend money on more than just the membership costs (they purchase seminars, printed materials, even logo shirts). Looking more closely, however, it is apparent (but really unsurprising, if you think about it) that our highest non-renewal rates are in those members who have belonged to NAELA for three years or less. We need to think about what we can do to retain those members’ interest and loyalty.

3. We heard from incoming NAELA President Ruth Phelps that she has assigned chairs to every Committee and Section, and that many of the committees have been largely selected. Of course there are always opportunities for those who want to volunteer time, energy and ideas; she solicited any suggestions or expressions of interest.

Marty Ford

This morning Marty Ford, Director of Legal Advocacy for The ARC, delivered the keynote address. Her topic: “Next Steps for the Disability Agenda.”

I have to admit to having missed her presentation, and I’m sorry I did (hint: it had something to do with the strong Bed Gravity in low-lying Florida). All reports were that it was fantastic. Maybe someone else would like to report on her remarks.

I did hear from Steve Dale, who was already in good spirits when she spoke (having just been given The Theresa Award moments before). His observation was that Marty “gave a great presentation on legislation past and present concerning persons with disabilities.  Marty is a great resource becasue she is one of the most respected advocates in Washington is very interested in the future of Pooled Trusts.” Laurie Hanson added: “I agree she was great! I just wish we had her for the entire morning. She blasted through information we really need to understand in depth.”

Anyone else?