Estate Planning: Basics, the LGBTQ Community, and Legal Capacity Issues

Originally held on Tuesday, October 15, 2019 | 6:00 p.m. – 9:00 p.m.

Program Co-Chairs:

Britt Burner
Burner Law Group, P.C.

Sofiya Nozhnik
Law Office of Sofiya Nozhnik PLLC

  • This program will focus on various issues that arise when it comes to estate planning.  A panel of guardianship judges will discuss the distinction between finding an alleged incapacitated person to be a person in need of a guardian or an incapacitated person and what this distinction means practically for issues, such as estate planning, after a guardian is appointed.  The program will feature a panel discussion by several Justices of the Supreme Court of the State of New York who preside over Mental Hygiene Law Article 81 matters, focusing on capacity issues especially as they relate to post-appointment matters.  This will be followed by a presentation by Naomi Levin, Esq., Grimaldi & Yeung LLP on the basics of estate planning and drafting.  The program will also cover a variety of legal issues in estate planning specific to the LGBTQ community, presented by Thomas Sciacca, Esq., Law Offices of Thomas Sciacca, PLLC.  This program is an excellent opportunity for non-elder law attorneys to be introduced to the practice of estate planning and guardianship.   Elder law attorneys will get a chance to refresh and review their knowledge as well as ponder on the issues of capacity when the guardianship and estate planning worlds collide.

    OnDemand: $69 for Members | $169 for Nonmembers
    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2017-2019), In-House/Corporate Counsel, Judges, or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Hon. Tanya R. Kennedy
    Supreme Court
    New York County
    Naomi Levin
    Grimaldi & Yeung LLP
    Hon. Lee A. Mayersohn
    Justice of the Supreme Court
    Queens County
    Hon. Lisa S. Ottley
    Justice of the Supreme Court
    Kings County
    Thomas Sciacca
    Law Offices of Thomas Sciacca, PLLC
    Hon. Charles M. Troia
    Supreme Court
    Richmond County

  • 6:00 p.m. – 6:05 p.m. Introduction of Topics and Panelists
    6:05 p.m. – 7:20 p.m. Judicial Panel – Article 81 Judges on Legal Capacity

    • Capacity determination under MHL Article 81
    • Distinction: Person In Need of A Guardian (PING) vs. Incapacitated Person (IP)
    • Post-appointment issues, such as estate planning involving PING vs IP

    Moderators:
    Britt Burner, Sofiya Nozhnik

    Panelists:
    Hon. Tanya R. Kennedy
    Hon. Lee A. Mayersohn
    Hon. Lisa S. Ottley
    Hon. Charles M. Troia

    7:20 p.m. – 7:35 p.m. Break
    7:35 p.m. – 8:50 p.m. Estate Planning and LGBTQ Community

    • Revocable trusts
    • Irrevocable medicaid asset protection trusts
    • What is LGBTQ estate planning?
    • Why is LGBTQ estate planning important?

    Naomi Levin and Thomas Sciacca

    8:50 p.m. – 9:00 p.m. Questions & Answers

  • CLE Credit
    New York:
    3.0 Professional Practice
    New Jersey:
    3.2 General
    California:
    2.5 General
    Pennsylvania:
    2.5 General

  • Sponsoring Association Committee:
    Legal Problems of the Aging | Britt Burner, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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