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Home / Academics / Areas of Study / Elder Law

Elder Law

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Elder Law

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Requirements:

15 credits from the​ following courses and additional experiential credits:

Required:

  • Title
  • Credits
  • Drafting Will, Revocable Trusts and Advance directives
    Credits: 3

    The course is a practice-oriented, simulated course that satisfies the substantial skill instruction requirement for graduation. The course initially considers the relevant tax systems, including transfer taxes (gift, estate and generation-skipping transfer taxes) and income taxes (individual income taxes and the income taxation of trusts, decedents’ estates and beneficiaries). Thereafter, students will learn how to draft wills, revocable trusts and advance directives taking into account the relevant non-tax and tax rules. Students will also learn how to effectively communicate with clients. Ethical considerations are emphasized throughout the course. In lieu of a final examination, students will submit a comprehensive project for a hypothetical client. Typically students work as a team of two students (unless a student prefers to work alone).

    Bloom, Ira Mark

  • Elder Law
    Credits: 3

    ​Provides an overview of legal and policy questions relating to aging individuals and an older and aging society.

    Bailly, Rose Mary

  • Trusts and Estates
    Credits: 3

    ​Focuses on laws of interstate succession; execution, revocation, probate, and construction of wills; non-probate transfers; nature and creation of express, resulting and constructive trusts; powers of appointment; and fiduciary administration.

    Bloom, Ira Mark

    Pratt, David

    Kearns, Deborah, Esq. '00

Electives:

At least 3 credits fro​m the following courses:

  • Client Interviewing and Counseling
    Credits: 3

    Uses a client-centered approach to develop skills in using active listening, dealing with difficult clients, building questioning techniques, developing theories, identifying alternatives and consequences, and engendering client decision-making.

    Connors, Joseph M.

  • From Obamacare to Trumpcare: Healthcare and Retirement Planning in 2020
    Credits: 3

    The number of elderly Americans is projected to increase significantly over the next few decades. Life expectancy is still increasing; the economy and job growth are sluggish; millions of Americans lack adequate health insurance; health care costs are rising at a rate far higher than the general inflation rate; and the Administration and state governments are attempting to implement the Affordable Care Act in the face of budgetary constraints and implacable opposition from certain groups.

    The course will cover:

    1.      Federal pension law under ERISA and the Internal Revenue Code;

    2.      Social Security and Medicare coverage and benefits, including policy and financial issues; and

    3.      The major new rules under the Affordable Care Act relating to access to health care, how health care is provided and financed, patient protections, employer-provided benefits and quality improvement.

    Pratt, David

  • Surrogate's Court Procedure
    Credits: 3

    ​Provides exposure to technical skills needed to represent clients successfully in estate matters. Emphasizes procedural aspects of estate work and precise methodology to present the client's case, as petitioner or objectant.

    Morgan, Paul V., Jr., Esq. '90

  • Survey of Long Term Care, Financial and Special Needs Planning
    Credits: 2

    This course provides an introduction to practical topics in estate, long term care, special needs and financial planning, including advance directives for financial management and health care decisions, guardianship for individuals with developmental disabilities, long term care planning, revocable living trusts, special needs planning and trust administration and retirement plans. This course will also cover federal and New York State entitlement programs that support individuals with disabilities in all ages.

    ​In lieu of an examination, this course involves pop quizzes throughout the semester and a final project. Students form teams of two and three (though it is permissible to work alone) and prepare a plan for a hypothetical individual or family situation, taking into account all relevant factors as taught throughout the semester. The project consists of preparation of an explanatory cover letter to the hypothetical client addressing all factors raised in the client scenario. This course is designed to provide an experience that is directly transferable to practice.

    Prerequisite: Trusts and Estates

    Pleat, Tara Anne, Esq. '02

Experiential Requirement:

Participation in at least one of the​ following experiential programs:​

Related Clinic, Field Placement or Summer/Semester in Practice (approval by concentration advisor).

Writing Requirement:

Students are required to complete one significant piece of writing in the concentration area. The writing requirement does not require that students earn any credits beyond the required credits described above. The topic and the arrangement for fulfilling the writing requirement, however, must be approved in advance by the Concentration Advisor. The paper could be written to fulfill the requirements of a course, an independent study, or a law journal note and comment. It may also be possible to fulfill this requirement by completing a substantial piece of writing in conjunction with an experiential course, clinic, or Field Placement, such as a brief, a series of Motions, or a significant legal memorandum. It could also be fulfilled by writing a paper independently, such as a submission to a writing competition or an article for publication. In all of these arrangements, the prior approval of the Concentration Advisor is required.

(Effective December 18, 2018)

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