COURSE DESCRIPTION 2012 2013

Mr. Alex L. Moschella,

2 credits day; 2 credits evening.

The theory of elder and disability law will be explored, with attention paid to the emergence of elder law as a new and dynamic legal practice area. Practice management issues will be raised with respect to marketing and establishing a successful elder law practice. The framework of estate planning for the elderly and for families with disabled children will be examined to understand complex transfer of assets rules; to effectively use supplemental needs trusts; and to take advantage of federal entitlement programs, including Medicaid and Medicare, and the SSDI and SSI programs administered by the Social Security Administration. The course will also address the financing of long term care and asset protection planning, in light of the escalating costs of nursing home care. There will be exploration of the impact of long term care insurance and other financial arrangements, including life care contracts, together with estate and tax planning strategies designed to protect the family home and preserve assets for the healthy spouse. Particular emphasis will be placed on the multiple aspects of end of life decision making. Complex case studies will be used to consider the ethical issues presented when representing both an elderly person and his or her family; guardianship concerns; and the use of health care proxies to insure that the wishes of the elder are addressed and protected. This course has a paper requirement and no final exam. Students are expected to develop paper topics which are customized to their interests and emerging trends in elder law. It is anticipated that papers will be major contributions to the field.

Enrollment is limited: 20

Elective Course

Meets Health/Biomedical Concentration Requirements

May Fulfill Legal Writing Requirement

Final Paper Required

Election Law