Eldercare Planning: Practical Issues and Ethics

September 7, 2004

Co-Sponsored By
The Foundation at Menorah Park and The Jewish Community Foundation of CNY

2.0 CLE Credits in Professionalism and Ethics for attorneys
Bond, Schoeneck & King, PLLC has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of Continuing Legal Education in the State of New York. Each program has been designated as providing the listed number of credits in accordance with the requirements of the New York State Continuing Legal Education Board.

7:30 - 8:00
Registration and Continental Breakfast

8:00 - 10:00
Supplemental Needs Trusts

General Overview
"Self-Settled" SNTs -- Using Individual's Own Money

  • Payback requirement
  • Individual SNTs
  • Third-Party Trusts
    SNT as a resource
    SNT distributions as income generally
    SNT distributions as income for recipients of Medicaid only
    SNT distributions as income for SSI recipients
    Other Considerations

  • Eliminate Spend-Down In Community Budgeting
  • Setting Up The Trust
  • Provisions Allowing Trustee to Terminate Trust


Ethics In Planning For The Elderly
Who is your client? Who do you represent?

  • Duty of Confidentiality
  • Waiver of Privilege

  • Dual Representation -- Conflict of interest?
    Testamentary Capacity
    Undue Influence
    Supervision of non-attorney
    Unauthorized Practice of Law

  • Out of State Advice
  • Paralegal


Joseph A. Greenman
is a graduate of Colby College (B.A., 1971) and Syracuse University College of Law (J.D., cum laude, 1974).

Mr. Greenman counsels individual clients and business owners in estate and financial planning, estate administration, asset preservation and Elder Law matters. He has lectured extensively on probate and administration of estates, elder law and estate planning.

Mr. Greenman is a member of the New York State Bar Association (Elder Law Section, Committee on Estates, Trusts and Medicaid and Trust and Estate Section).



William J. Rubenstein is a graduate of Cornell University (B.S., 1996) and Syracuse University College of Law (J.D., magna cum laude, 2001). Mr. Rubenstein was an Associate Editor (1999-2001) and the Assistant Business Editor (1999-2000) of the Syracuse Law Review, as well as a member of the Justinian Honorary Law Society (1999-2001). He was the Research Assistant to Professor Steven Wechsler, Syracuse University College of Law (2000-2001), for Contracts and Professional Responsibility.

Mr. Rubenstein's primary areas of practice include federal and state taxation matters for corporations, partnerships, limited liability companies, exempt organizations, individuals, trusts, and estates; development and implementation of sophisticated estate planning techniques for wealth preservation and transfer, succession planning, and asset protection; estate and trust administration; and Elder Law matters.

Mr. Rubenstein is a member of the American, New York State (Tax and Trusts & Estate Law Sections), and Onondaga County Bar Associations.