Patricia E. Kefalas Dudek
Advocate for Elders, People
with Disabilities
and Their Families
Below are articles I've written or material from presentations I've given.


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Patti's Publications

Advising Clients and Drafting Advanced Health Care Directives

I. Effective Planning Techniques for Incapacity

II. When it is Too Late - Protecting the Individual After Incapacity Strikes

Appendix 1: Health Care Values History Form
Appendix 2: Sample draft of a Patient Advocate Designation for Medical and Mental Health Treatment
Appendix 3: Sample draft of a Patient Advocate Designation for Mental Health Treatment
Appendix 4: Sample Petition for an Order to Seal Records
Appendix 5: Request for Driver Evaluation from the Michigan Department of State
Appendix 6: OBRA-93 Trust Options for Persons with Disabilities
Appendix 7: Permissible Distributions

Applications and the Appeals Process

Attachment 1: Advocacy tips for Responding to The Deficit Reduction Act of 2005
Attachment 2: Single Points of Entry
Attachment 3: Ask Your Legislator to Vote
Attachment 4: Sample Cover Letter
Attachment 5: Frequently Asked Questions
Attachment 6: OCR Fact Sheet
Attachment 7: Discrimination Complaint
Attachment 8: Complaint and Jury Demand


Anatomy of a Special Needs Trust: Duty of Loyalty

This presentation was on behalf of NAELA and reviewed the complex relationships an attorney and/or trustee may have in drafting or administering a trust. There is a loyalty due to the Grantor or Settlor of the trust, as well as a level of responsibility to the beneficiaries.


Understanding SSDI: How to Get it, Handle Denials or Loss of Benefits, Overpayments, and Coordinate it with Other Benefits

This NAELA presentation was part one of a two part session on SSDI and Medicare Benefits. My dear friend Sandy Mall and I spoke about the comprehensive subject listed above.


Special Needs Trusts, Public Benefits Eligibility and Housing Issues for People with Disabilities

This presentation was on behalf of NAELA and was held at the Advanced Elder Law Institute held in Kansas City. I was honored to be the last speaker at the Law Student Day (a free one-day event for all law students to participate in at the NAELA Institute and learn about Elder Law.)


Administration of Special Needs Trusts
NAELA Telephonic Elder Law Training Program - November 13, 2008

Sponsored by the Trust Special Interest Group on Administering Special Needs Trusts. Frank Dana and I presented on investment and administration challenges trustees of special needs trusts are experiencing. There were over 50 participants in the call, and a good discussion was had by all on these important topics.


Federal Housing Subsidies - Overview

Attachment 1: Section 8 Administrative Plan
Attachment 2: Income Inclusions and Exclusions
Attachment 3: Summary of Asset Inclusions and Exclusions
Attachment 4: A Message From the Chair (Trust SIG News)
Attachment 5: Letter from apartment complex re: pooled trust
Attachment 6: Letter re: pooled trust
Attachment 7: Letter re: decision on pooled trust distributions
Attachment 8: Newsletter
Attachment 9: Using the Olmstead Decision as Advocacy Tool
Attachment 10: Policy & Practice Guideline

Medicaid Outside the Context of Long Term Care, Including Special Needs Trusts

Attachments 1-3
Attachments 4-8


Representing and Acting as Trustee of a Special Needs Trust

I. The Drafting is Only the Beginning

Attachment 1: Letters to Social Security Administration
Attachment 2: Permissible Distributions List
Attachment 3: Letter from Social Security Administration
Attachment 4: Letter re: Rental Income Impact
Attachment 5: Response Letter
Attachment 6: Letter of Intent Information
Attachment 7: Letter of Intent Sample
Attachment 8: Letter of Intent Sample

Top Ten Disability Issues to Incorporate Into Your Law Practice

Attachment 1: Making a Difference: A Role for Lawyers in Economic Development
Attachment 2: No Longer Immune, Court Opens Door to Cases Claiming Link Between Autism and Vaccine Preservative
Attachment 3: Essay re: Investigation into Living Conditions for Physically Challenged People in Texas
Attachment 4: Health Care Values History Form
Attachment 5 : Patient Advocate Designation for Mental Health Treatment
Attachment 6 : Patient Advocate Designation for Medical and Mental Health Treatment
Attachment 7: Petition for Order to Seal Records
Attachment 8 : Meaning of Homeownership for Individuals with Developmental Disabilities
Attachment 9 : Schott v. Olszewski (Court of Appeals decision re: Medicaid refusal to reimburse patient)
Attachment 10: Status Report: Litigation Concerning Home and Community Services for People with Disabilities
Attachment 11: Address Medicaid's Institutional Bias and Expand Your Practice
Attachment 12: Request for Community Based Services Under State's Waiver Program (Cover letter, Discrimination Complaint, Instructions on filing complaint, FAQs, Complaint and Jury Demand)
Attachment 13: Policy Research Brief


Trials and Tribulations of Trusteeship

On 3/14/08, Patti spoke at the Suffolk University Law School on this subject. Documents listed below were handed out there and can be obtained through the law school's website.

Special Needs Trust Checklist
Criminal Background Check and Authorization
Letter to Trustee: Full Explanation of Duties
Letter to Trustee: Special Needs Expenditures
Letter of Intent for Minors
Letter of Intent (as written by mother)
Letter re: Section 8 and Eligibility


Why Add Elder Law and Planning for People with Disabilities to Your Practice?

Attachment A: Beler Howlett Newsletter (Fall/Winter 2003)
Attachment B1: Home Help and Long Term Care Reform
Attachment B2
: Elder Law Advocate
Attachment C: Beler Howlett Newsletter (Spring/Summer 2004)
Attachment D : Michigan's 7th Annual Self-Determination Conference
Attachment E: News You Can Use
Attachment F : The Trust SIG News


Client intake and other forms/contracts/information:

Appointment of Representative (SSA form) - Those that want to help a family member apply for benefits should have the family member sign this.

Charitable Contribution for an Individual's Benefit (memo)

Client Information / Intake Form (estate planning matters)

Client Information / Intake Form (non estate planning matters)

Client Information / Intake Form (OBRA 1993 clients)

Client Information / Intake Form (OBRA 1993 lawyers)

Documents Required When Filing for SSI and/or SSDI

Duties and Responsibilities of the Trustee of a Special Needs Trust

Estate Planning:
   Estate Planning Outline
   How Often Should You Review Your Estate Plan?

Expense Report (sample)

Freedom of Information Act request letter

Health Care Values History Form (updated)

Joinder Agreement

Letter of Intent Information

Medicaid Checklist of Documents

Notice of Fees (non estate planning matters)

Notice of Fees (pooled account holders)

Personal Care Contract

Personal Service Contract

Policy on Review of Another Firm's Work

Pooled Account Trust List of Permissible Distributions

Possible Use of Charitable Remainder Trust (letter)

Special Needs Trust Checklist


Court Pleadings:

Brief in Support of the Continuation of the Special Needs Trust

Brief Regarding Approval of Co-Trustee and Attorney Fees

Memorandum - In Support of Petition for Protective Order (re Pooled Accounts Trust)

Opinion & Order (re Petition for Review)

Petition for Reimbursement of Attorneys Fees

Press Releases:

Local Attorney Attends Special Needs Meeting in New Orleans
Patti's participation in the 2nd Annual Meeting of the Academy of Special Needs Planners (March 28-29, 2008)