Clients with Diminished Capacity: Assessing capacity, legal planning, advocacy, and ethical and professional duties

Shana Siegel | Norris McLaughlin, P.A.

Shana Siegel is Chair of the Elder Law & Special Needs group at Norris McLaughlin. Shana concentrates her practice on representing older adults, individuals with special needs, and their families in connection with life care planning, public benefits, trust and estate planning and administration, resident rights, health care decision making, guardianships and long-term care advocacy. Shana has been certified by the National Elder Law Foundation (NELF) and is recognized as a member of the Counsel of Advanced Practitioners.

Prior to joining Norris McLaughlin, P.A., Shana was with WanderPolo & Siegel for over 10 years, five of which were as principal. She has been involved in health and long-term care issues for over 30 years. She is a past president of the New Jersey Chapter of the National Academy of Elder Law Attorneys (NAELA), where she regularly met with legislators and government officials on behalf of the elder law bar and their clients. Additionally, Shana has served as an officer for the New Jersey State Bar Elder & Disability Law Section and serves on the board of several nonprofits serving seniors and the disability community.

Ronald Fatoullah | Meltzer, Lippe, Goldstein & Breitstone, LLP

Ronald Fatoullah Chairs the firm’s Elder Law Practice Group and is a Partner in the firm’s Trusts & Estates Practice Group.

Prior to joining the firm, Ron was the founder and principal of Ronald Fatoullah & Associates for over 35 years. The firm was perennially recognized as one of New York’s top Elder Law and Estate Planning firms. Ron has been devoted to advising New Yorkers about the legal and financial challenges of aging. He is highly regarded for his contributions and expertise in estate planning and administration, Medicaid planning, special needs planning, wills and trusts, probate, guardianships, and estate and & guardianship litigation.

A certified elder law attorney, Ron Chaired the Executive Committee of the Elder Law Section of the New York State Bar Association’s financial planning and Investments committee; Chaired the Board of the Alzheimer’s Association’s Long Island Chapter for over 10 years; and served on the Executive Council of AARP New York. He is a Fellow of the National Academy of Elder Law Attorneys, the highest honor bestowed by the organization. Ron lectures frequently on elder law, estate planning and aging; has appeared on numerous radio and television programs; and has been quoted in The New York Times, Newsday, The Wall Street Journal, the New York Law Journal, and Kiplinger’s. He has been honored by many organizations for his achievements and contributions to the senior community.

Session I – Clients with Diminished Capacity: Assessing capacity and its impact on your ethical and professional duties | 1:00pm – 2:00pm

• Recognizing and assessing diminished capacity
• Legal and medical standards for capacity
• Ethical and professional issues in representing clients with diminished capacity
• Protecting yourself and your client

Break | 2:00pm – 2:10pm

Session II – Legal Planning and Advocacy for Clients with Diminished Capacity | 2:10pm – 3:10pm

• The importance if advance directives
• Powers of Attorney, health care proxies (powers of attorney for health care decision-making), and living wills
• Disposition of remains and burial/funeral pre-planning
• Guardianships
• Special Needs Trusts
• How to pay for long-term care
• Medicaid planning and eligibility
• The Medicaid Asset Protection Trust