Judith D. Grimaldi

Elder and special needs law has become more challenging as the basic societal supports on which our aged and disabled clients thrive can no longer be taken as a given. Foundational programs such as Social Security, Medicare, Medicaid and disability services are being re-examined, re-designed and often reduced. Social Security has been re-characterized from a contributory social insurance program to an entitlement that can be altered and changed. Thus, the rules are changing in the middle of the game and our clients are caught in the mix.

The elder law and special needs attorney's role as advocate and advisor is becoming even more crucial. We are asked by our clients to maximize their planning options, create defensive strategies, and help them understand the impact of these changes on them, their finances and their family. The elder law and special needs attorney has become the lawyer for the later years, which requires we have the knowledge to cover life from pre-retirement to death. The elder's expansive life cycle requires we know long-term care and estate planning, but also about health, housing, financial security, community resources, treatment of Alzheimer's and other chronic diseases, government benefits beyond Medicare and Medicaid, real estate, retirement savings and tax implications. The list continues to grow as the elders and the families we serve are becoming more diverse. This is what makes the practice interesting and exciting, and each day presents a new issue and a new challenge.

Elder Law and Special Needs Section (ELSN) members strive to meet these challenges with wisdom and energy. Our Section and the Medicaid Committee will continue to work with the non-profit and legal services community to advocate for improvements in the delivery of home- and community-based services throughout the state, and our section will continue to advocate for a revised Power of Attorney law and collaborate with the other NYSBA sections on producing workable legislation.

In October 2018, the ELSN's Section spearheaded a housing symposium featuring one of the founders of the famed “Dementia Village” in the Netherlands, who provided an interactive presentation on this unique residence for individuals with dementia. This concept allows residents to feel comfortable in their surroundings and live with people of like interests.

Other highlights include the work of the of the following Section Committees: The Special Needs Committee produced a public series in Nassau County. The Client and Consumer Issues Committee updated the consumer brochures on senior benefits and prepared outreach efforts on health care decision-making. The Mental Health Committee is working on a health care proxy form to be used for individuals with the mental health issues. Finally, the Task Force on the Challenge of Medicaid Planning has started a research project and plan to address the proliferation of non-attorney Medicaid planning services and advocate for consumer education and protection in this area.

Judith D. Grimaldi is a partner in Grimaldi & Yeung in Brooklyn.