THE PRACTICE OF LIFE PLANNING FOR THE NEW YORK PARALEGAL
H0003
This Continuing Paralegal Education (CPE) course provides an overview of the preparation and drafting of critical documents necessary to assist attorneys in the areas of estate planning, elder law and family practice. The six evening, 18 hour seminar is open to paralegals, paralegal students, and members of the general public who desire a better understanding of how to use the law to protect themselves and their loved ones.
Instructor: Joanne Stevens, Esq., a veteran paralegal educator, Fordham University honors graduate and an experienced New York practitioner.
Topics and form drafting include:
- I. New Power of Attorney Form and Requirements
(Effective September 2009) Including optional New York Statutory Major Gifts Rider, as well as additional suggested provisions and considerations including, durability, signatory requirement and revocation.
- II. Advance Medical Directives- Health Care Proxies and Living Wills
A discussion of the effectiveness and limitations of these items, and the implications of not having directives in place.
- III. Testate and Intestate Death -
Last Will and Testament
Critical clauses and considerations in drafting, with emphasis on precatory wishes, in terrorem clauses, codicils, disinheritance, ante lapse statutes, judicial will construction, fiduciary eligibility, disinheritance (spousal or family) potential for escheat, testamentary trusts, etc. Intestate Death - discussion of the statutory distribution scheme, role of the public administrator, court appointed fiduciaries and other issues.
- IV. Revocable and Irrevocable Trusts
Use, purposes and preparation of "Loving/Living Trusts" for the disabled and minor children, for Medicaid eligibility for the elderly, for shielding of assets from judgment creditors, to avoid probate including taxation and duration.
- V. Guardianship Appointment and related issues
for minor children (nomination of guardian--implications for separated or divorced couple), for the disabled child reaching age of majority and/or for the disabled adult, including proceedings to declare the disabled or elderly individual non compos mentis or in need of assistance. Includes necessary procedures and paperwork, jurisdictional issues, and the role of the court evaluator.
- VI. Issues Relating to Assets
Joint Accounts and Totten Trusts Issues relating to gifting (Annual Exclusion) Medicaid Eligibility; "Look-back" issues Creation of Life Estates by Deed or Trust Enforcement of Judgments against Assets (garnishment, attachment, personal assets) Implications of bankruptcy declaration by individuals on account co-signers and guarantors upon divorce.
- VII. Pre-Nuptial and Ante-Nuptial
Effectiveness, scope and coverage, unconscionability, critical clauses, recent case law and enforceability.
