The Elder Law Advocate The Elder Law Advocate

32 Pages·2012·5.19 MB·English

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Vol. XX, No. 3
Winter 2012
www.eldersection.org
The Elder Law Advocate
Established 1991
A publication of the Elder Law Section of The Florida Bar
Twyla L. Sketchley, Tallahassee Contents:
Chair
John S. Clardy III, Crystal River
Message from the chair: Get the most out of your membership .........3
Chair-Elect
Message from the chair-elect: Interesting times … .............................5
Jana McConnaughhay, Tallahassee
Health Care Reform: Legal and Ethical Questions About
Administrative Chair
Where We Go From Here .................................................................6
David Hook, New Port Richey
Substantive Chair St. Thomas University ELS holds first elder law symposium ...........6
Statutorily required committee members’ reports are subject to
Ellen S. Morris, Boca Raton
Treasurer hearsay objections ...........................................................................7
Randy C. Bryan, Oviedo Committee reports ...............................................................................8
Secretary Mark your calendar .............................................................................9
Enrique Zamora, Miami Law office management: Going paperless ........................................11
Past Chair
The ABCs of elder law .......................................................................12
Stephanie M. Villavicencio
Two out of three reports and you’re out— But should you be?
Coconut Grove
A revisit of §744.331(4) .................................................................13
Editor
2012 Elder Law Section Retreat: Marmots and glaciers and
Susan Trainor, Tallahassee
bears, oh my!..................................................................................15
Copy Editor
Negotiated rulemaking update: Changes for residents and
Arlee J. Colman, Tallahassee
Program Administrator facilities may be coming soon .......................................................21
Tax tips for elder lawyers ..................................................................22
Lynn M. Brady, Tallahassee
Design/Layout Tips and Tales: 1040, 1041 and 706s: What probate attorneys
need to know about tax returns ....................................................23
Statements or expressions of opinion
or comments appearing herein are Summary of selected caselaw............................................................24
those of the contributors and not of The CLE: The Essentials of Elder Law and The Elder Law
Florida Bar or the section.
Annual Update and Review Course ........................................27-30
The Elder Law Advocate will be glad
to run corrections the issue following
the error.
The deadline for the SPRING ISSUE is March 1, 2013. Articles on any topic of interest
to the practice of elder law should be submitted via email as an attachment in MS Word
format to Stephanie M. Villavicencio at [email protected], or call Arlee Colman
at 800/342-8060, ext. 5625, for additional information.
Advertise in The Advocate
The Elder Law Section publishes three issues of The Elder Law Advocate per year.
The deadlines are March 1, July 2 and November 1. Artwork may be mailed in a print-
ready format or sent via email attachment in a .jpg or .tif format for an 8-½ x 11 page.
Advertising rates per issue are: Full Page $750
Half Page $500
COVER ART
Quarter Page $250
Mountain goats at Garden Wall in
The newsletter is mailed to section members, Florida law libraries and various state
Glacier National Park
agencies. Circulation is approximately 1,900 in the state of Florida.
Photo by Pamela M. Burdick
Interested parties, please contact Arlee Colman at [email protected] or 850/561-5625.
12/2012
Get the most out of your membership
A lot has happened since I became log on to The Florida Bar’s website Advocate, a list of long-term care
chair of the Elder Law Section in June to update or add a current, working partnership resources and a com-
2012. We created and are beginning email to their Bar profile. Not only mittee page for every substantive
to implement a long-range plan. The will members stay up-to-date with and administrative committee of
section is in the process of submitting section matters, but they will also be the section. In addition to general
its formal request to change the sec- able to comply with the new rules that committee information, these pages
tion’s name to the Elder and Disabil- require court documents to be served include information, forms and other
ity Law Section, as approved by the on the parties via email. (A summary resources available only to the sec-
ELS Executive Council in 2009. The of these new rules is available on the tion’s members.
section has revamped its annual cer- members’ only pages of the section’s Over the past few months, Collett
tification review course and is holding website.) Small, our website committee chair,
an annual update. The section held and I have worked hard to update the
its retreat in Glacier National Park website, keep it current and solicit
(photos and article later in this issue). feedback from our members about the
We are preparing for a public hearing content they want to see. While the
being held by The Florida Bar on the member survey provided some sug-
unlicensed practice of law as it relates gestions, we invite members to spend
to the services used by elderly clients. a few minutes touring the site and
All this is in addition to the regular Message giving us feedback for improvement.
work of the section. from If members have not yet requested
As part of the long-range plan, the their website login and password,
the chair
Executive Council conducted the go to www.eldersection.org and, on
first-ever Elder Law Section member the home page, click on the “request
survey. The member survey was sent Twyla L. Sketchley a username and password” link in
via email to every section member in the middle column under “Members
October 2012. The results uncovered Area.”
some fascinating issues within our Use of the section’s
membership. website Participate in the section’s
advocacy, education and
The second issue the member survey
Expect communication substantive work
revealed is the lack of use of the sec-
from the section’s
tion’s website, www.eldersection.org. A third issue raised by the member
leadership Many of our members were unaware survey was the lack of knowledge
The first issue the member survey of the website or how to access the members have about the significant
revealed is that our members do not members’ only areas of the site. advocacy, education efforts and
receive as much information about The public portions of the website substantive work the section does
the section and its committees, events include a current list of all major sec- throughout the year. Not only do sec-
and advocacy as they would like. To tion events, contacts for the section’s tion members volunteer their time,
resolve this, the section’s leadership leadership and contact information knowledge and expertise to produce
has developed a plan to communicate for the section’s administrator, Arlee some of the highest quality CLEs
with members regularly through Colman. On the committees page is a available through The Florida Bar,
e-blasts. These e-blasts will inform list of all section committees, contact they also spend a great deal of effort
members of benefits available to information for the committees’ lead- advocating for and educating elder
them, upcoming events, mentoring ership and a schedule of committee law attorneys and clients.
calls, deadlines, additions to the web- meetings throughout the year. Under The section has several substan-
site, significant committee updates, “Resources,” members can find com- tive committees, each of which is
award application deadlines, the sec- monly used websites for elder law assigned a topic of law within elder
tion’s advocacy efforts and committee attorneys and their clients as well law. Those committees meet regu-
and leadership vacancies. as a list of free CLEs on practice larly to review and analyze current
To receive these e-blasts, members management available through The issues in a particular area, produce
educational materials for committee
must have a current email on file with Florida Bar.
members and the general member-
The Florida Bar Elder Law Section. The members only pages of the
Now is a good time for members to website include back issues of The continued, next page
The Elder Law Advocate • Vol. XX, No. 3 • Winter 2012 • Page 3
Message from the chair sues specific to elder law. Committee you. To see what the committee has
from preceding page representatives are also required to done in the past year, log on to the
attend executive council meetings, members’ only area of the website
provide reports to The Florida Bar, and review past issues of The Advo-
ship and create plans to disseminate submit materials for CLEs, find men- cate, where all committees publish
that information. tors for the section’s mentoring calls, periodic reports on projects. Email
Throughout the year, these commit- contribute articles to The Advocate the committee chair and let him or
tees review and update the section’s and provide updates and resources her know you would like to volunteer
legislative positions and review and for the section’s website. and want to join the next meeting. If
advocate for or against proposed The committees are always looking members have any difficulty joining
legislation in accordance with the for volunteers. There is no require- a committee, they can contact me and
adopted positions. The committees ment that members be “experts” in I will connect them with the commit-
also review and analyze changes in any particular area to join the corre- tee chair.
administrative rules, caselaw and sponding substantive committee, only
statutes at the federal and state that they are willing to participate, Get on the section’s
levels. When significant changes are ask questions and work together with leadership track
made, the committee charged with other committee members to produce The member survey also revealed
monitoring an affected area develops the best possible work product they that many members are unaware of
a plan to inform members of changes can. Expertise will come with par- how to become involved in section
and to advocate for or against pro- ticipation. matters and get on what might be
posed changes. To maintain the high quality of edu- called the “section leadership track.”
In addition to these tasks, the cation and advocacy, our committees While the section has no formal
committees work with organizations need everyone to be involved. To join “leadership track,” we are always
throughout the Bar and the state to a committee, simply go to the section’s searching for new talent and asking
educate consumers, do pro bono work website, www.eldersection.org, review members to join committees and take
and educate state agency personnel the committees listed on the commit- on leadership roles. Members of the
and law enforcement on various is- tees’ page and find one that interests section are encouraged to become as
Commit 10 hours this year to the Elder Law Section!
COMMIT 10 hOURS What you GAIN:
yearly to the ELS Advance knowledge
of proposed changes
(less than one hour per month!) Personal and
in statutes and rules
professional
growth
Visibility as a
Work on a project
“go-to” member
for a committee
in the section
Leadership
positions within
Attend a section Shared the section
CLE in person knowledge of
CCOOMMMMITITMMEENNTT Publishing other experts Advance
credit knowledge of
Write an article for changes in the law
The Advocate
Attend all meetings BBEENNEEFFIITTSS
of the committee of Visibility as a cutting
your choice edge attorney in your
community
Participate in all A voice in
the mentoring the section’s
calls throughout administration Access to information
the year and advocacy available only to
committee members
Page 4 • The Elder Law Advocate • Vol. XX, No. 3 • Winter 2012
involved as they want and to move as the benefits that actively participat- section matters before becoming sec-
far up the “leadership track” as they ing members receive. tion leaders. I was active with the
wish, whether that means becoming The more a member becomes in- section for more than 10 years before
a committee chair or the section chair. volved, the more the member gets to becoming section chair in June. And
To get started on the “leadership know about the section and the more had I never become a section leader,
track,” use the section’s 10 Hour Rule. the section gets to know him or her. the benefits still outweigh the time I
This year, the section is encouraging The member develops expertise and spent. I was mentored and befriended
all members to commit to spending 10 becomes a recognized presence in sec- by six past chairs, as well as by in-
hours involved with section matters. tion matters. As members participate, numerable experts throughout the
This can mean attending a section they are asked to do more, including section, and participated in countless
CLE, participating in all the free serving as committee chairs and liai- projects and advocacy campaigns
mentoring calls throughout the year, sons or heading up advocacy projects. that have changed the landscape of
attending all the committee meetings In time, if the member wishes, he or Florida elder law. If you hesitate to
for a committee, writing an article she will be asked to take on more get involved or think there isn’t a
for The Advocate or volunteering to leadership roles within the section’s place for you in our section’s activi-
complete a portion of a project for a administration. ties, I invite you to call me. Together
committee. Once a member becomes a Admittedly, this process takes time. we will find a place where you are
part of the process, it is hard to deny Many of us spend years involved in needed.
Message from the chair-elect:
Interesting times …
John S. Clardy III
My deadline for to legislative proposals stemming are needed more than ever. There are
this message fell from entitlement reform and the ever- many unanswered questions, and
before the Mayan tightening state and federal budgets the section will continue to make the
calendar ended will be front and center. voices of elder law attorneys and their
Dec. 21, 2012. Since To keep up with these changes, the clients heard.
you are reading year begins with the section’s three- Other questions we likely will face
this, we can now day CLE, Essentials of Elder Law this year: How will the Affordable
look ahead to the and the Elder Law Annual Update Care Act affect our practice? What
many challenges and Review Course, in Orlando. Your changes are in store for the elderly
and opportunities section is working hard to provide and those with special needs as the
that we elder law attorneys and our you with comprehensive programs Medicare, Medicaid and VA programs
clients will face in the coming year. on timely topics with up-to-date in- are reformed on the federal level?
I look forward to continuing to formation. How will Florida protect its most frail
serve the Elder Law Section. My in- Also coming in the first half of the and vulnerable residents?
volvement in the section has greatly year will be mandatory e-filing. Just However these questions get an-
increased my knowledge and profi- as we are getting the hang of e-ser- swered, the Elder Law Section will
ciency in the practice of elder law. vice, another change to our everyday continue to be there for its members
But working with and getting to know practice looms. As the details of this and the clients they serve. But the
the other elder law attorneys who are process are finalized, the section will section is only as strong as there are
actively involved in the section has update members, especially as it af- members willing to step up and sup-
been the best reward. fects the guardianship and probate port the section. I encourage you to
As the old Chinese curse goes, “May practice areas. become involved in the section’s com-
you live in interesting times.” Well, we A major concern of many elder law mittees on the issues that matter to
certainly do. On the elder law front, attorneys is the pending transition you most. This year will provide many
2013 will not be boring. Issues rang- of Florida’s $21 billion Medicaid pro- opportunities for you to serve the
ing from Medicaid managed care and gram to for-profit managed care orga- section and to promote the practice
the impacts of the Affordable Care nizations. As advocates for the elderly of elder law.
Act on Florida’s health care system and the disabled, our skills and efforts Interesting times, indeed.
The Elder Law Advocate • Vol. XX, No. 3 • Winter 2012 • Page 5
St. Thomas University
Health Care
ELS holds first elder
Reform:
law symposium
Legal and Ethical
The St. Thomas University Elder Law Society was
established in August 2012. The organization was
Questions About Where
created to promote awareness among students of
the practice of elder law through educational ses-
We Go From Here
sions and networking opportunities for all members
of the elder law community. The Elder Law Society
has provided St. Thomas School of Law with in-
February 4, 2013 • 8:15 a.m. – 4:30 p.m.
formational sessions on continuing education in
FSU Alumni Center • Tallahassee, Fla. elder law and board certification, has participated
in nursing home pro bono projects and has hosted
On June 28, 2012, the Supreme Court of the United several networking events, including the first an-
States held in National Federation of Independent nual St. Thomas University Elder Law Symposium.
Business v. Sebelius that the 2010 Patient Protection
The inaugural St. Thomas University Elder Law
and Affordable Care Act is a constitutionally valid
Symposium was a great success. Guest speakers
exercise of Congress’s taxing and spending power.
shared their various perspectives on the practice of
This holding, rather than definitively settling all is-
elder law. Lewis S. Kimler, general magistrate for
sues pertaining to health care financing and delivery
the Eleventh Judicial Circuit, provided “A View from
in the United States, instead raises or leaves open a
the Bench.” Dr. Mark J. Wolff, K.M., a law professor
wide variety of still controversial legal, ethical, finan-
at St. Thomas, spoke on “Bridging the Gap Between
cial, political and organizational questions about the
Law School and Practicing Elder Law.” An alumnus
future of health care in this country.
of the law school, David Mangiero, Esq., spoke on
Expert and experienced speakers representing an “The Realities of Practicing Elder Law.”
array of disciplines and perspectives will help the
In attendance were St. Thomas University School
audience identify and grapple with the most impor-
of Law students, faculty and administration; stu-
tant legal and ethical challenges awaiting them as
dents from Florida International University School
American society seeks to implement the PPACA or
of Law; practicing elder law attorneys from Miami-
alternatives to it.
Dade and Broward counties; and Judge Maria M.
Korvick, Judge Celeste H. Muir, Judge Arthur L.
Accreditation
Rothenberg and Judge Lawrence A. Schwartz, mem-
The Medical Educational Council of Pensacola desig- bers of the Miami-Dade County probate judiciary.
nates this live activity for a maximum of six (6) AMA
PRA Category 1 Credits TM. Physicians should only
claim credit commensurate with the extent of their
participation in the activity.
Applications for six credit hours have been submitted
for attorneys (including ethics), nurses, social workers,
psychologists and medical librarians.
Course Tuition
Tuition is free but registration is still required for
Florida Bioethics Network members. All other profes-
sionals register by Jan. 25, 2013, for $60 or after Jan.
25 for $80. Registration on the date of the conference
will be $90. FSU College of Medicine and College of
Law students may attend for free, but please register
by Jan. 25. After Jan. 30, registration will be accepted
Members of the St. Thomas School of Law Executive
only if space is available and will not include lunch.
Board join faculty advisor Enrique Zamora during the
Elder Law Symposium (l-r: Andrea Villate, secretary;
For further information or a registration brochure,
Sarah Rothenberg, vice president; Enrique Zamora, Esq.,
email Julie Jordan at [email protected]
faculty advisor; Leynee Cruz, president; Nadia Metroka,
or call 850/645-9473. community liaison; and Jaquetta Johnson, treasurer).
Page 6 • The Elder Law Advocate • Vol. XX, No. 3 • Winter 2012
Statutorily required committee members’
reports are subject to hearsay objections
by Alex Cuello
“Within 5 days after a petition ment, evaluation of right and finding rect testimony from the person whose
for determination of incapacity has of incapacity and need for limited or opinion or diagnosis is recorded and
been filed, the court shall appoint an plenary guardianship.”6 who has actual knowledge of the facts.
examining committee consisting of Notwithstanding the fact that the
three members.”1 “Each member of the committee members’ reports are Alex Cuello, Esq.,
examining committee must submit a statutorily required in adjudicating the principal share-
report within 15 days of appointment.”2 incapacity, the rules of evidence in holder of the Law
The examining committee reports are civil actions are applicable.7 And Office of Alex Cuello
statutorily required, and a copy “must although there are two hearsay PA in Miami, has
be served on the petitioner and on the exceptions that may arguably ap- been admitted to
attorney for the alleged incapacitated ply, namely Records of Regularly practice law in
person within 3 days after the report Conducted Business Activity8 and Florida since 1996.
is filed and at least 5 days before the Public Records and Reports9, neither He received his B.A.
hearing on the petition.”3 An essential, has been recognized for admission from Florida Inter-
but not necessarily exclusive, element of the statutorily required commit- national University, law degree from
used in making a decision concerning tee members’ reports over a hearsay St. Thomas University and Master of
capacity is the written results of the objection. The Records of Regularly Laws degree in elder law from Stetson
comprehensive examination required to Conducted Business Activity excep- University. His practice focuses on el-
be conducted by each of the committee tion to the hearsay rule requires that der law, with an emphasis in the areas
members.4 This leaves no doubt that the evidence in the form of an opinion of probate administration and litiga-
statutorily required examining commit- or a diagnosis be proffered through tion, guardianship administration
tee members’ reports are material to direct testimony of the person whose and litigation, estate planning, Medic-
the factual determination of capacity. opinion is being admitted into evi- aid planning and Social Security Dis-
However, this is not sufficient, without dence.10 The Public Records and Re- ability claims. He is board certified by
the live testimony of the examining ports hearsay exception provides for The Florida Bar as a specialist in elder
members, to overrule a hearsay objec- admission of reports on “… matters law, serves on the Executive Council
tion to the admission of the examining observed pursuant to duty imposed of the Elder Law Section, teaches the
committee members’ reports.5 by law as to matters which there was court-approved Professional Guardian
In the case of Shen v. Parkes, 37 Fla. a duty to report … .”11 It would seem and Family Guardianship courses and
L. Weekly D2559a (Fla. 4th DCA 2012), a this exception provides for the admis- is AV rated by Martindale-Hubbel. You
plenary guardianship was sought over sion of court-appointed committee may contact Mr. Cuello at 305/669-
Shen. During the adjudicatory hearing members’ reports. However, in Lee v. 1078 or [email protected].
on the petition to determine capacity, Dep’t. of Health and Rehabilitative
Shen asserted a hearsay objection to Services, 698 So.2d 1194 (Fla. 1997), Endnotes:
the proffer of the examining commit- the Florida Supreme Court held that 1 §744.331(3)(a), Fla. Stat.
tee reports. The court overruled the in applying the Public Records and 2 Id., (d).
objection notwithstanding that none Report hearsay exception, reports 3 Id., (h).
of the committee members were called containing evaluations by public of- 4 Id., (f).
to testify. In overruling the trial court’s ficials, without the direct testimony of 5 Shen v. Parkes, 37 Fla. L. Weekly D2559a
(Fla. 4th DCA 2012).
admission of the committee members’ a witness with personal knowledge of
6 Id.
reports with no live testimony, the the facts, are inadmissible hearsay.12
7 Id.
Fourth DCA held that “[e]ven if it could The filing of a statutorily required
8 §90.803(6)(a), Fla. Stat.
be said that the guardianship statute report does not place the report in
9 §90.803(8), Fla. Stat.
permits the court to consider the com- evidence.13 This is because “[e]ven 10 §90.803(6)(b), Fla. Stat.
prehensive examination portion of the when hearsay can be considered over 11 §90.803(8), Fla. Stat.
reports in the face of a hearsay objec- objection, hearsay … is not deemed 12 Arce v. The Wackenhut Corp., 40 So.3d
tion, the statute does not reference the competent, substantial evidence suf- 812 (Fla. 2010).
13 Scaringe v. Herrick, 711 So. 2d 204 (Fla.
court’s consideration of the remainder ficient to support a factual finding.”14
2d DCA 1998).
of the reports, which includes the diag- In order for the report to be admitted
14 G.T. v. Dep’t of Children & Family Ser-
nosis, prognosis, recommended treat- into evidence, Florida law requires di- vices, 935 So. 2d 1245 (Fla. 1st DCA 2006).
The Elder Law Advocate • Vol. XX, No. 3 • Winter 2012 • Page 7
C O M M I T T E E R E P O R T S
Guardianship published in spring/summer 2011. filing to be observed by the clerks.
The committee meets once a month The court lists the exceptions for
Committee
via telephone conference on the sec- documents that are permitted to be
Sponsored by Wells Fargo ond Thursday of the month at 4 p.m., filed in “non-electronic” format (such
Carolyn Landon and Melissa and we welcome any new members as documents filed in open court,
Barnhardt, co-chairs or guests who wish to participate. those filed by governmental or pub-
Dial 888/376-5050 and enter PIN lic agencies and those filed by self-
The Guardianship Committee met 8484257103#. You will be put on hold represented litigants); however, even
in September and discussed the status until the chair joins the call. those are to be converted to electronic
of the Right to Bear Arms legislation Please feel free to email the co-chairs, documents by the clerk.
that was approved by the Executive Laurie E. Ohall ([email protected]) This section does away with the
Council of the Elder Law Section. The and Aubrey Posey (aubreyposey@hot- requirement that any document
legislation has been submitted to The mail.com), if you have any questions or electronically filed must also be paper
Florida Bar and is being sent to other would like to join the committee. filed. In addition, if a party permitted
sections for comment. The committee to paper file a document that can be
also discussed the RPPTL Section’s Rules Change Liaison electronically captured sends it in
ad hoc committee that has been with a stamped, self-addressed enve-
charged with a two-year project to Heather Boyer Samuels lope, the clerk can return that paper
look at overhauling the guardianship original to the party. If not, after the
New Rules
statutes. Enrique Zamora and Charlie document is electronically captured,
Revised Opinions – SC11-
Robinson are representing the ELS the clerk is permitted to recycle it.
399 and SC10-2101 (Revised
on the ad hoc committee. Finally, the
Opinions, Oct. 18, 2012)
Guardianship Committee discussed Rules of Judicial
These revised opinions continue
the recent case that upheld the re- Administration 2.516 (Service of
the Supreme Court’s efforts to ad- Pleadings and Documents)
quirement of a dismissal of a petition
dress e-filing and email service, This is the rule that provides that
to determine incapacity if the majority
and although they do not make any all documents required or permitted
of reports do not find incapacity. The
substantial changes, they are of note to be served on another party must be
RPPTL Section took the position that
to elder law practitioners because served by email, with few exceptions.
it would propose a legislative change
they further define the parties that Those who are not represented by an
to make the dismissal mandatory
are subject to the new requirements, attorney may designate an email ad-
if the reports are unanimous. The
provide additional instruction to the dress for service if they wish; however,
Guardianship Committee agreed that
clerks and continue to revamp the pro se litigants are not required to use
the ELS would not take a different
rules to conform to the new electronic email service. Documents served by
position on the issue, but instead cre-
filing systems and procedures. The formal notice or required to be served
ated a subcommittee to analyze the
new rules, effective Dec. 1, 2012, also in the manner provided for service
examining committee reports further
redefine the official court file as the of formal notice are not required to
and to propose changes to make them
electronic file and have a solution to comply with rule 2.516.
more comprehensive if needed.
the issue of what happens to wills and Email service has been mandatory
codicils filed with the court. as of Sept. 1, 2012, in civil, probate,
Residents’ Rights
The e-filing portal still does small claims, family law and appellate
Committee
NOT serve other parties. You must divisions.
serve other parties in accordance with Email service requirements as apply
Laurie E. Ohall and Aubrey
the email service rules. in proceedings according to the Florida
Posey, co-chairs
Mental Health Act (Baker Act) will not
The Residents’ Rights Committee Rules of Judicial Administra- be mandatory until Oct. 1, 2013.
has been working on compiling a list tion 2.520 (Documents) and 2.525
of issues regarding assisted living fa- (Electronic Filing) Florida Probate New Rule 5.043
(Deposit of Wills and Codicils)
cilities that lack legislation. Our goal This section has been changed to
This new rule provides that “any
is to propose legislation to address clarify and set out the clerk’s role in
original, executed will or codicil that
these issues, some of which were converting documents filed in paper
is deposited with the clerk must be
identified and detailed by The Miami form to electronic format, and to set
Herald’s “Neglected to Death” series forth specific guidelines for electronic continued, next page
Page 8 • The Elder Law Advocate • Vol. XX, No. 3 • Winter 2012
retained by the clerk in its original
form for twenty years, regardless of
whether the will or codicil was ‘perma-
Mark your calendar!
nently recorded’ under amended Rule
of Judicial Administration 2.430.”
The practical effect of this seems to
JANuAry 18-19, 2013
be that even though the will or codicil
Elder Law Annual Update and Review
will be electronically maintained, it
Reunion Resort, Orlando
will also be maintained in paper for-
mat for 20 years by the clerk, NOT by
FEBruAry 4, 2013
the lawyers, as had been contemplated.
8:15 a.m. – 4:30 p.m.
Health Care Reform:
Updated deadline for e-filing
Legal and Ethical Questions About Where We Go From Here
These new electronic filing require-
FSU Alumni Center, Tallahassee
ments will become effective in the
civil, probate, small claims and family
APriL 17-19, 2013
law divisions of the trial courts and
appeals in these cases on Apr. 1, 2013, Teaming Up Against Elder
pursuant to RJA 2.525. Financial Exploitation
New e-filing requirements as apply Florida Crime Prevention Training
in proceedings according to the Florida Institute & The Florida Bar’s Elder Law Section Committee on
Mental Health Act (Baker Act) will not Elder Abuse,
be mandatory until Oct. 1, 2013. Neglect & Exploitation
Please note that those parties ex- Embassy Suites Orlando North
cused from e-filing under amended Altamonte Springs
RJA 2.525(d) and attorneys excused
from email service under RJA 2.516
are not required to file electronically,
although they are permitted to do so.
Pending Rules
Proposed Ethics Advisory
Opinion 12-2
The Professional Ethics Committee
is taking comments on a Proposed JOIN ThE FLORIDA BAR’S
Ethics Advisory Opinion regard- L r S !
awyer eferraL ervice
ing “whether lawyers may permit
supervised nonlawyers to use the
Every year, The Florida Bar Lawyer Referral Staff makes thousands of
lawyer’s access credentials for fil-
referrals to people seeking legal assistance. Lawyer Referral Service
ing documents with a court using
attorneys annually collect millions of dollars in fees from Lawyer Referral
the E-Portal.” The conclusion of the
Service clients.
proposed opinion is that staff may
use the lawyer’s credentials to e-file The Florida Bar Lawyer Referral Service:
since it is a lawyer’s responsibility • Provides statewide advertising
to supervise his or her staff. The cer-
• Provides a toll-free telephone number
tification to documents proposed by
• Matches attorneys with prospective clients
the Florida Courts Technology Com-
mission states that a document to be • Screens clients by geographical area and legal problem
e-filed utilizing the portal contains • Allows the attorney to negotiate fees
a statement or a required check box
• Provides a good source for new clients
that the attorney filing or directing
filing of the documents certifies that it
CONTACT THE FLORIDA BAR TODAY FOR MORE INFORMATION.
does not contain confidential informa-
The Florida Bar Lawyer Referral Service, 651 E. Jefferson Street, Tallahassee, FL
tion protected by the RJA.
32399-2300, phone: [phone] or 800/342-8060, ext. 5810.
The full text of the proposed opin- Or download an application from The Florida Bar’s web site at www. FloridaBar.org.
ion is available on The Florida Bar’s
website.
The Elder Law Advocate • Vol. XX, No. 3 • Winter 2012 • Page 9
Committees keep you current on practice issues
Contact the committee chairs to join one (or more) today!
Monitoring new developments in the practice of elder law is one of the section’s primary functions. The section communicates these developments through the
newsletter and roundtable discussions, which generally are held prior to board meetings. Each committee makes a presentation at these roundtable discussions,
and members then join in an informal discussion of practice tips and concerns.
Committee membership varies from experienced practitioners to novices. There is no limitation on membership, and members can join simply by contacting the
committee chair or the section chair. Be sure to check the section’s website at www.eldersection.org for continued updates and developments.
SUBSTANTIVE COMMITTEES SUBSTANTIVE SPECIAL COUNCIL OF SECTIONS FSGA
COMMITTEES Rotating between section chair and Rodolfo Suarez
EThICS
chair-elect Miami
Steven. E. Hitchcock DEATh CARE 305/448-4244
Clearwater Philip M. Weinstein MEMBERShIP [email protected]
727/443-7898 Tamarac Alex Cuello, Miami
[email protected] 954/899-1551 305/669-1078 Laura Sheskin Rotstein
[email protected] [email protected] Boca Raton
EXPLOITATION & ABUSE 954/614-5649
Carolyn H. Sawyer ESTATE PLANNING/ADVANCE PUBLICATIONS [email protected]
Orlando DIRECTIVES Stephanie M. Villavicencio
LAW SChOOL
407/909-1900 Sam W. Boone, Jr. Coconut Grove
[email protected] Gainesville 305/285-0285 Alex Cuello
352/374-8308 [email protected] Miami
Gerald L. Hemness, Jr. [email protected] 305/669-1078
Brandon Susan Trainor [email protected]
941/746-3900 Kara Lyn Evans Tallahassee
[email protected] Tampa 850/878-7760 NAELA
813/926-6517 [email protected] Howard S. Krooks
GUARDIANShIP
[email protected] Boca Raton
Carolyn Landon ADMINISTRATIVE SPECIAL 561/750-3850
West Palm Beach FINANCIAL PRODUCTS COMMITTEES [email protected]
561/588-1212 Jill J. Burzynski
[email protected] Naples NAME ChANGE/DISABILITY RPPTL
Melissa Lader Barnhardt 239/434-8557 Enrique Zamora Charles F. Robinson
Fort Lauderdale [email protected] Coconut Grove Clearwater
727/441-4516
954/765-3918 MENTORING 305/285-0285 [email protected]
[email protected]
Jason A. Waddell [email protected]
Marjorie E. Wolasky
LEGISLATIVE Pensacola
ELS CERTIFICATION Miami
SPcaolmtt AC.o Sasetlis 8ja5s0o/[email protected] CWaersotl yPna Llma nBdeoanch 3m0w5o/[email protected]
386/445-8900
RESIDENTS’ RIGhTS 561/588-1212
[email protected] RULES ChANGE
Laurie E. Ohall [email protected]
Heather Boyer Samuels
MEDICAID & GOVERNMENT Tampa
WEBSITE/TEChNOLOGY Delray Beach
BENEFITS 813/514-8180
Emma S. Hemness [email protected] CPeomllebttreo kPe. SPminaelsl 5h6sa1m/[email protected]
Brandon Aubrey E. Posey 954/437-4603
813/661-5297 Tallahassee [email protected] TASK FORCE
[email protected] 850/414-2054 Randy C. Bryan
John S. Clardy III [email protected] LIAISONS Oviedo
407/977-8080
Crystal River
UNLICENSED PRACTICE OF LAW [email protected]
352/795-2946 AFELA
[email protected] John R. Frazier Steve Quinnell TFB BOARD OF GOVERNORS
Largo
Pensacola
SOCIAL SECURITY & DISABILITY 727/586-3306, ext. 104 Sandra Fascell Diamond
850/432-4386
David J. Lillesand [email protected] Seminole
727/398-3600
Clearwater FICPA
[email protected]
727/330-7895 ADMINISTRATIVE Stephen TaylorMiami
[email protected] COMMITTEES 305/772-0091 TFB – YLD
[email protected]
SPECIAL NEEDS TRUST BUDGET Barbara A. Zambrano
Coconut Grove
Stephen A. Taylor, Ellen S. Morris
305/285-0285
Miami Boca Raton
[email protected]
305/772-0091 561/750-3850
[email protected]
CLE
VETERANS’ BENEFITS Collett P. Small
Jack M. Rosenkranz Pembroke Pines
Tampa 954/437-4603
813/223-4195 [email protected]
[email protected]
Page 10 • The Elder Law Advocate • Vol. XX, No. 3 • Winter 2012