Bench & Bar

MAY 2013

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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V OL . 77, N O . 3 T ABLE OF This issue of the Kentucky Bar Association's B&B; – Bench & Bar was published in the month of May. C ONTENTS Communications & Publications Committee 2 President's Message By W. Douglas Myers Bar News 2013 Annual Convention Events and Overview Features: Kentucky's Elder Law 8 Kentucky Medicaid and Long Term Care By Bernard M. Faller & Misty Clark Vantrease 14 New Kentucky Special Needs Trust Statute Brings Relief to the Disabled By Brian Borellis 17 Kentucky Powers of Attorney: A Necessary Planning Tool for End of Life By Carolyn L. Kenton, Amy E. Dougherty, Robert L. McClelland, and Monica M. McFarlin 22 Funding Long Term Care Without Medicaid By Eileen Walsh and Whitney M. Wilson Columns 26 YLD By Jackie Sue Wright 26 Northern Kentucky University Salmon P. Chase College of Law 27 University of Kentucky College of Law 28 University of Louisville Louis D. Brandeis School of Law 30 Effective Legal Writing By Diane B. Kraft KBA Resolution 32 Proposed Amendments to the Rules of Civil Procedure and to the Rules of the Supreme Court 33 KBA Board of Governor's Terms Expire 53 Judicial Nominating Commission Results 53 AOC's Information on Case Management System and CourtNet 2.0 54 Kentucky Lawyer Brings KBF's CARE to Kentucky School for the Deaf 56 KBA Ethics Opinions Updated 58 Justice Michelle M. Keller Appointment 59 July 2013 Bar Applicants 4 60 Frances Catron Cadle, Chair, Lexington Paul Alley, Florence Elizabeth M. Bass, Lexington Zachary M.A. Becker, Frankfort James P. Dady, Bellevue Judith D. Fischer, Louisville Cathy W. Franck, Crestwood William R. Garmer, Lexington P. Franklin Heaberlin, Prestonsburg Judith B. Hoge, Louisville Bernadette Z. Leveridge, Jamestown Theodore T. Myre, Jr., Louisville Eileen M. O'Brien, Lexington Richard M. Rawdon, Jr., Georgetown Sandra J. Reeves, Corbin E.P. Barlow Ropp, Glasgow R. Kelley Rosenbaum, Lexington Gerald R. Toner, Louisville Sadhna True, Lexington Michele M. Whittington, Frankfort Publisher John D. Meyers Editor Frances Catron Cadle Managing Editor Shannon H. Roberts Departments Design & Layout Kentucky Lawyers Assistance Program 62 Kentucky Bar Foundation/IOLTA 64 Continuing Legal Education 65 Supreme Court Order Amending Family Court Rules of Procedure and Practice 69 Who, What , When & Where 70 In Memoriam 78 B&B; Marketplace 79 Cover photo by John S. Hockensmith Carin Hahn Lovell, By Design carin@bydesigned.com The B&B; – Bench & Bar (ISSN-1521-6497) is published bi-monthly by the Kentucky Bar Association, 514 West Main Street, Frankfort, KY 40601-1812. Periodicals Postage paid at Frankfort, KY and additional mailing offices. All manuscripts for publication should be sent to the Managing Editor. Permission is granted for reproduction with credit. Publication of any article or statement is not to be deemed an endorsement of the views expressed therein by the Kentucky Bar Association. Subscription Price: $20 per year. Members subscription is included in annual dues and is not less than 50% of the lowest subscription price paid by subscribers. For more information, call 502-564-3795. POSTMASTER Send address changes to: B&B; – Bench & Bar, 514 West Main Street Frankfort, KY 40601-1812 B&B; • 05.13

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