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It just got harder to be old and anything short of wealthy. Chapter 2 of the new Deficit Reduction Act of 2005 (DRA) focuses exclusively on long-term care under Medicaid and seeks to make it much harder for elders to protect any assets if they are to receive assistance from the federal Medicaid program while in skilled nursing facilities. Adopted in the U.S. Senate by a margin of 51-50 (because Vice

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Michael Gilfix, principal, Gilfix & La Poll Associates LLP, Palo Alto, Calif., and Bernard A. Kro

It just got harder to be old and anything short of wealthy. Chapter 2 of the new Deficit Reduction Act of 2005 (DRA) focuses exclusively on “long-term care under Medicaid” and seeks to make it much harder for elders to protect any assets if they are to receive assistance from the federal Medicaid program while in skilled nursing facilities.

Adopted in the U.S. Senate by a margin of 51-50 (because Vice President Dick Cheney cast a deciding vote), and adopted in the House by the minuscule margin of 216 to 214, the legislation is fiercely partisan: Not a single member of the Democratic Party voted for it in the House. President Bush signed the DR...

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About the Authors

Michael Gilfix

Gilfix & La Poll Associates, LLP

Michael Gilfix is a nationally known authority in the field of law, aging and estate planning. A 1973 graduate of Stanford Law School, he is a Fellow of the National Academy of Elder Law Attorneys (NAELA), a co-founder of NAELA, and a Certified Legal Specialist in Estate Planning, Trust and Probate Law. Mr. Gilfix regularly addresses professional audiences, including attorneys, physicians, certified public accountants, and financial planners, nationally as well as locally.
An entrepreneur in the legal field, Mr. Gilfix created the first legal aid program for elders in 1973. He served as Executive Director of that program, Senior Adults Legal Assistance (SALA) of Santa Clara County, for ten years. In 1983 he created the law firm that is today known as Gilfix & La Poll Associates LLP . 

Mr. Gilfix is a California legal advisor to Partnership For Caring, the national organization devoted to rights of individuals to make their own health care decisions. 
A highly respected practitioner and a prolific author, Mr. Gilfix is co-author of Tax, Estate & Financial Planning for the Elderly: Forms and Practice (Matthew Bender) and is the principal author of Medi-Cal and Asset Preservation, a book- length set of materials for practicing attorneys. He regularly contributes to a wide variety of legal journals such as Trusts and Estates Magazine, where his writings have discussed the role of personal values in estate planning, life care communities, and asset preservation planning. 

Bernard A. Krooks

Founding Partner, Littman Krooks LLP

Bernard A. Krooks is a founding partner of the law firm Littman Krooks LLP and Chair of its Elder Law and Special Needs Department. Mr. Krooks is a nationally-recognized expert in all aspectsof elder law and special needs planning. He is the President of the Board of Directors of the Arc of Westchester, the largest agency in Westchester County serving people with intellectual and developmental disabilities and their families.

 

Mr. Krooks is past President of the Special Needs Alliance, a national, invitation-only, not-forprofitorganization dedicated to assisting families with special needs planning. He is past President of the National Academy of Elder Law Attorneys (NAELA), a Fellow of NAELA, pastChair of the NAELA Tax Section and past Editor-in-Chief of the NAELA News . In addition, he is certified as an Elder Law Attorney (CELA) by the National Elder Law Foundation and is an Accredited Estate Planner (AEP). He is a founding member and past President of the New York Chapter of NAELA. In 2008, he received the Chapter’s Outstanding Achievement Award for his lifelong work on behalf of seniors and those with disabilities. In 2007, his firm received the NYSARC employer of the year award for employing people with disabilities. In 2011, his firm received the Family Friendly Employment Policy Award from the Westchester Women’s Bar Association. 

 

Mr. Krooks is past Chair of the Elder Law Section of the New York State Bar Association (NYSBA) and past Editor-in-Chief of the Elder Law Attorney , the newsletter of the NYSBA Elder Law Section. He also is a member of the Trusts and Estates Law Section and Tax Section of the NYSBA . Mr. Krooks co-authors (1) a chapter in the NYSBA  publication Guardianship Practice in New York State  entitled “Creative Advocacy in Guardianship Settings: Medicaid and Estate Planning, Including Transfer of Assets, Supplemental Needs Trusts & Protection of Disabled Family Members.”; and (2) the NYSBA  publication Elder Law, Special Needs Planning and Will Drafting . He is chair of the elder law committee of the editorial advisory board of Trusts & Estates Magazine, and serves on the editorial boards of Exceptional Parent Magazine, and Leimberg Information Services. 

 

Mr. Krooks, a sought-after expert on elder law, special needs planning and estate planning matters, has been quoted in The Wall Street Journal, The New York Times, Newsweek, Forbes, Investment News, Financial Times, Money Magazine, Smart Money, Worth Magazine, Kiplinger’s, Bloomberg, Consumer Reports, Wealth Manager, CBS Marketwatch.com, Lawyer’s Weekly USA, Reader’s Digest, Bottom Line, The Journal of Financial Planning, The New York Law Journal, The Daily News, New York Post and Newsday , among others. He has testified before the United States House of Representatives and the New York City Council on long-term care issues. He also has appeared on Good Morning America Now, National Public Radio, Sirius XM Radio, CNN, PBS, NBC, and CBS evening news, as well as numerous other cable television and radio shows.

 

Mr. Krooks is past President of the Estate Planning Council of Westchester, a member or the Advisory Board of the National Association of Estate Planning Councils Foundation, and the Hudson Valley Estate Planning Council. He also is Co-Chair of the Long Term Care, Medicaid, and Special Needs Trusts Committee of the Real Property, Probate & Trust Law Section and a member of the Tax Section of the American Bar Association; a member of the Bar of the Supreme Court of the United States, and a member of the American Institute of CPAs. Mr. Krooks also is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and serves on its Elder Law Committee. He is an Adjunct Professor at NYU Center for Finance, Law & Taxation and is a member of the NYU Institute on Federal Taxation Advisory Board. Mr. Krooks has presented on a variety of elder law and special needs topics at the Heckerling Institute on Estate Planning, the premier estate planning conference in the country.

 

Mr. Krooks has served on the Board of Directors of the Alzheimer’s Association Westchester/Putnam Chapter and the Bioethics Advisory Committee of New York Hospital. He is a member of the Blythedale Children’s Hospital Planned Giving Professional Advisory Board, a member of the legal advisory committee of the Evelyn Frank Legal Resources Program of Selfhelp Community Services, Inc., and a board member of the Caregiver’s Insights Foundation. He is listed in the Best Lawyers in America, New York Super Lawyers, Who’s Who  in America, the New York Area’s Best Lawyers, New York Magazine and The New York Times , and the Top 25 Westchester, New York Super Lawyers.