Elder Law: Dementia, Capacity, and Long-Term Care Planning for Attorneys

Eraka L. Childs | Childs Legacy Law Firm, P.C.

Eraka is an estate planning, probate, guardianship and family law attorney. As an experienced trial attorney, her practice emphasizes helping people to build, preserve and pass on their wealth. She works with her clients to accomplish their goals while avoiding unnecessary court proceedings and minimizing or eliminating exposure to death taxes.

Her estate planning practice includes the drafting of Wills, Revocable Living Trusts, Powers of Attorney, Living Wills, Designations of Health Care Surrogate, Irrevocable Life Insurance Trusts, Charitable Trusts and Foundations, Antenuptial and Postnuptial Agreements, Special Needs Trusts and numerous other estate planning trusts and documents. She also advises clients on Estate and Gift Tax planning, Business Succession Planning and Retirement Benefit Planning.

Born in Galveston, Texas, Eraka is a fifth generation Texan whose father, Samuel L. Childs, Sr. founded the law firm in which she is the principal shareholder. After law school, Eraka practiced labor and employment law nationally for ten years and traveled internationally to conduct employee relations investigations in the United Arab Emirates, Iraq, and Afghanistan. Her corporate clients have included Honeywell, Union Carbide, Monsanto, Wal-Mart, Lucent Technologies, KBR, Halliburton, Shell, and Lyondell among many others. Her best memories from that time period are centered around the people she met and the trial experience she gained. Her corporate clients gave her international exposure, sharpened her investigatory skills and increased her love of international travel.

Eraka is a frequent public speaker, an author, (according to her 1st and 2nd grade Sunday School students) “the Best Sunday School Teacher EVER” (probably because of the cupcakes she brings to class), a member of Jones Memorial Methodist Church, a member of The Links, Incorporated, amember of Alpha Kappa Alpha Sorority, Incorporated, an associate member (a mother whose child has graduated) of Jack and Jill of America, Incorporated, a member of The Junior League of Galveston County, Incorporated, and a cofounder of The Houston Family Law Group…But her greatest achievement is being the proud mother of Alexandra, a civil engineering major at Prairie View A&M University and maintaining her friendships of more than thirty years. Eraka hopes the hallmarks of her life will be her public service, her devotion to her Church, family and friends, her zealous advocacy for her clients, and her helping thousands of families generate and protect their wealth and legacies.

Stuart H. Schoenfeld | Capell Barnett Matalon & Schoenfeld LLP

Stuart has been a partner with the firm since 2005. His areas of concentration include elder law and estate planning, business, corporate and real estate transactions. Stuart’s extensive elder care and estate planning practice include the preservation of assets for the benefit of chronically ill, developmentally delayed and elderly individuals, planning and applying for Medicaid, guardianship proceedings and supplemental needs planning. With regard to estate and asset preservation planning, Stuart favors an approach integrating the financial, legal and tax objectives of the client into a plan that protects and preserves assets, maintains standard of living and maximizes available tax benefits.

In addition to his elder care and estate planning practice, Stuart counsels clients regarding the sale or purchase of personal or investment properties or businesses, including leasing and financing transactions, buy-sell agreements and succession planning, assisting clients with all aspects of the transaction from due diligence to closing.

Stuart lectures throughout the New York metropolitan area regarding elder care, estate planning, Medicaid, planning for children and adults with developmental disabilities and real estate. He was a participant in recent programs held at the Suffolk County and Nassau County Bar Associations. He is a frequent presenter for the Nassau and Suffolk County chapters of the National Council of CPA Practitioners and the New York State Society of CPAs. Stuart previously served as a faculty member at Queens College, Department of Continuing Education

Stuart is presently a member of the Board of Directors of the Rehabilitation Institute, which provides vocational, educational and therapeutic services to individuals with disabilities. He previously served as President of the Association for Children with Down syndrome, an agency serving the needs of children and adults with Down syndrome, autism and other developmental disabilities and was honored at their 2013 gala for his years of dedication and leadership.

Session I – Dementia, Legal Capacity, and Competency | 12:30pm – 1:30pm

• Understanding Dementia and Cognitive Decline
  • Rundown of dementia and cognitive impairments
  • Legal implications of cognitive decline
  • Identifying and documenting incapacity in clients
• Capacity and Competency in Legal Decision-Making
  • Legal definitions of capacity and competency
  • Tools for evaluating client capacity
  • Attorney’s role in addressing diminished capacity

Break | 1:30pm – 1:40pm

Session II – Powers of Attorney, Guardianship, and Estate Planning | 1:40pm – 2:40pm

• Powers of Attorney and Guardianship
  • Drafting effective durable powers of attorney
  • Guardianship alternatives and legal processes
  • Balancing client autonomy and protection
• Estate Planning for Clients with Dementia
  • Tailoring wills, trusts, and advance directives for cognitively impaired clients
  • Safeguarding clients from financial abuse
  • Special considerations in estate administration

Break | 2:40pm – 2:50pm

Session III – Medicaid Planning and Long-Term Care | 2:50pm – 3:50pm

• Medicaid Planning for Clients with Dementia
  • Navigating Medicaid eligibility and spend-down strategies
  • Long-term care financing: Balancing private pay and public benefits
  • Legal options for asset protection and preservation