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Brendan F Daly

Brendan F Daly

Practice areas:

Elder Law, Estate Planning

Client reviews

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About Me

 


Brendan is one of Connecticut’s top elder law attorneys, according to Super Lawyers Magazine. He handles this accolade with modesty but will admit, if pressed, that he has preserved his clients’ estates by creating plans to protect their money as they age and face the prospect of long-term care.


 


With his gentle manner, he’ll explain, in plain English, how you can protect your assets while receiving public benefits. Because he can cite the Medicaid eligibility rules and regulations in his sleep, he can help you get Medicaid benefits so you can preserve the money you’ve worked so hard for. And because of his success in many appeals of Medicaid cases, he can fight to get you benefits even if you’ve already been denied.


 


Brendan feels strongly that estate plans are as important as homeowner’s and car insurance. Why would you protect your home and car and not everything else you’ve earned? His focus on estate planningincludes customized planning strategies that allow you to build wealth, save on taxes and protect the people who depend on you for support.


 


Brendan also helps families with disability planning. If you’re a parent or guardian of a child with special needs, he will work hard to ensure that your child remain financially secure even when you’re no longer there to provide support. Brendan can set up a special needs trust to protect your money for your child while retaining their eligibility for benefit programs.


 


Brendan’s style is laid back but don’t be fooled, he will fight tooth and nail to protect you from losing your money to long term care. In 2012, Brendan won a case that had a significant impact on Connecticut law. He represented a woman whose husband was in a nursing facility. Medicaid deemed her husband ineligible for benefits because of income she received from an annuity. Brendan brought the case to federal district court and fought to keep the state from counting annuities as an income source for Medicaid eligibility.


 


He won this landmark case (Lopes v. DSS), which resulted in the husband receiving Medicaid benefits and the wife keeping the annuity income for her own living expenses. The court’s far-reaching verdict now makes it possible for many Connecticut senior married couples to purchase annuities as an asset protection strategy.


 


But that’s just the public story. Behind the scenes, Brendan lives in Simsbury, Connecticut with his wife and two young children, where spends time skiing, biking, hiking, and playing the blues on his acoustic guitar.



 


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Practice Areas

Licensed since 1998

  1. Elder Law: 70%
  2. Estate Planning: 30%

Attorney Endorsements

1 total 

  • Henry C. Weatherby

    I have had the opportunity on serve on the board of directors of the Connecticut Chapter of the National Academy of Elder Law Attorney with Brendan for several years now. He is an excellent attorney. More importantly he is a very nice smart person who genuinely cares about helping people.

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    Henry Weatherby Estate Planning Attorney
    Relationship: Friend

Contact Info

CzepigaDalyPope

15 Massirio Drive
Berlin, CT, 06037

Resume

License

StateStatusAcquiredUpdated
CTActive199808/14/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.

Avvo Contributions

Legal Answers

Awards

Award NameGrantorDate Granted
Connecticut MagazineTop Lawyer2014
Super LawyerNew England Super Lawyers2014
Super LawyerSuperLawyers2014
Super LawyerSuper Lawyers Magazine2013
Outstanding Chapter MemberNational Academy of Elder Law Attorneys, Connecticut chapter2013
Top LawyerConnecticut Magazine2013
Top LawyerConnecticut Magazine2012
Super LawyerSuper Lawyers Magazine2012
Super LawyerSuper Lawyers Magazine2011
Certified Elder Law AttorneyNational Academy of Elder Law Attorneys2008
Outstanding Legal ScholarshipQuinnipiac University School of Law1997
Distinguished Academic AchievementQuinnipiac University School of Law1997

Associations

Association NamePosition NameDuration
Connecticut Bar Association, Elder Law SectionSteering Committee Member2013 - Present
National Academy of Elder Law Attorneys (Connecticut chapter)Immediate Past President2013 - Present
National Academy of Elder Law Attorneys (Connecticut chapter)President2012 - 2013
National Academy of Elder Law Attorneys (Connecticut chapter)President-Elect2011 - 2012
National Academy of Elder Law Attorneys (Connecticut chapter)Vice President2010 - 2011
National Academy of Elder Law Attorneys (Connecticut chapter)Board Member2010 - Present
National Care Planning CouncilMember2009 - Present
National Elder Law FoundationCertified Elder Law Attorney2008 - Present
National Academy of Elder Law Attorneys (Connecticut Chapter)Member2007 - Present
Connecticut Bar Association, Elder Law SectionExecutive Committee2007 - Present
Hartford HospitalCorporator2003 - Present
Jefferson HouseAdvisory Committee Member2003 - 2009
Connecticut Bar Association, Elder Law SectionMember2000 - Present
National Academy of Elder Law AttorneysMember2000 - Present
Connecticut Bar Association, Estates & Probate SectionMember2000 - Present
Connecticut Bar AssociationMember1998 - Present

Legal Cases

Case NameOutcome
Lopes v. Starkowski No. 3:10-cv-3072010, 2010 U.S. Dist. LEXIS 81829 (D. Conn. August 11, 2010).Motion for Summary Judgment granted
Gale v. RembyN/A
Lopes v. Starkowski, Second Circuit Court of Appeals DecisionAffirmed

See all Legal Cases 

Publications

Publication NameTitleDate
CT-NAELA Practice UpdateThe Languishing Fair Hearing Decision: A Case for Injunctive Relief in Federal Court2014
CTNAELA Practice Update, Volume 5, Issue 1Avoiding the Institutional Bias: Why Connecticut Senate Bill #174 Levels the Playing Field for Connecticut Home Care Program Clients2014
The Connecticut LawyerThe Use of Spousal Immediate Annuities in Connecticut: The Aftermath of Lopes v. Starkowski2012
The Connecticut LawyerSecond Circuit Court of Appeals Affirms Lopes v. Starkowski2012
CT NAELA Practice Update Vol. 1, Issue 3The Penalty for Staying Home: The DSS Asset Transfer Policy under UPM Sec. 3029.05E2011
CT NAELA Practice Update, Vol. 1, Issue 1The Use of Immediate Annuities in Lopes v. Starkowski2010
Northeast Elder Law SymposiumIdentifying Issues for Federal Medicaid Litigation2010
National Business InstituteUnderstanding Medicare and Medicaid: Coverage, Eligibility Requirements and Qualification Process Overview2009
National Business InstituteMedicare Benefits: Eligibility Criteria and Enrollment2008
Berlin CitizenThe Power in a Power of AttorneyN/A
New Britain HeraldProbate vs. TrustsN/A
Berrlin CitizenRevocable Trust MechanicsN/A

Education

School NameMajorDegreeGraduated
Hartwick CollegeN/ABA - Bachelor of ArtsN/A
Quinnipiac University School of LawLawJD - Juris DoctorN/A

Speaking Engagements

Conference NameTitleDate
Practice Points in Elder LawApplying Bezzini to all Non-Testamentary Transfers: A New DSS Policy? (including practical Will drafting and beneficiary designation drafting options)2014
National Academy of Elder Law Attorneys (Connecticut chapter)Flawed Logic: The Application of Bezzini v. Department of Social Services to all Non-Testamentary Transfers2014
Housing Options for the ElderlyNursing Home Facilities and Funding2013
Financial Planners Association of ConnecticutAnnuities as Asset Protection Tools: A Medicaid Planning Strategy2013
Connecticut Estate and Tax Planning CouncilMedicaid Spousal Annuities2013
Ashlar Village at Masonicare Senior ServicesMedicaid: What's it All About?2013
Connecticut Bar Association, Elder Law SectionLopes: An Appellate Court Update2012
National Business InstituteMedicaid Update 20112011
National Academy of Elder Law Attorneys (Connecticut chapter)Spousal Refusal Update in CT2011
Essential and Practical Elder Law UpdatesFederal Litigation Update2011
Northeast Elder Law SymposiumFederal Court Litigation2010
Estate Planning and Recovery for Elderly ClientsEstate Planning2010
CT Chapter of Certified Public AccountantsElder Care2010
Connecticut Society of Certified Public AccountantsMedicaid Update2010
What Every Attorney Needs to Know about Public BenefitsMedicaid Coverage, Eligibility Requirements and Process Overview2009
Top Estate Planning TechniquesSpecial Needs Trusts2009
Should I give my home to my kids?Elder Law2009
Should I give my home to my kids?Elder Law2009
Nuts and Bolts of Estate PlanningEstate Planning2009
My Neighbor has a Living Trust, Should I?Estate Planning2009
Gifting OptionsElder Law2009
Connecticut Society of Certified Public Accountants 360 Tax ForumProtecting Assets for the Disabled or Elderly2009
State Tax Forum Conference of Connecticut Society of Certified Public AccountantsProtecting Assets for the Disabled or Elderly2008
Simsbury Senior CenterMedicaid Planning2008
Personal Financial Planning Conference of the Connecticut Society of Certified AccountantsProtecting Assets for the Disabled or Elderly2008
National Academy of Elder Law Attorneys (Connecticut chapter)DRA Implementation Issues2008
Medicaid, Medicare and Social Security UpdateMedicare Eligibility and Appeals2008
Manchester Community CollegeSpecial Needs Trusts2008
State Tax Forum Conference of Connecticut Society of Certified Public AccountantsPlanning for Long Term Care: Alternatives to Impoverishment2007
Connecticut Society of Certified Public AccountantsEstate Planning2004