Advanced Elder Law Institute 2010
December 2010
Advanced Elder Law Institute 2010
Program Highlights:
If you represent seniors, this is one conference you can't miss!
*Bring your cell phones to participate in the interactive portion of the program using Poll Everywhere™
Program Description:
Elder law is a practice that blends aspects of family law, estate and trust planning, mental health, public benefits, and probate practice. Many elder law clients are particularly vulnerable to financial, health, and familial problems. Elder law practitioners face an increasingly complex regulatory and legal environment, and simple actions can have unintended consequences. The Advanced Elder Law Institute will provide you with the insight and information you need to protect, advise, and communicate with your clients. Explore the development and ramifications of new rules and regulations, and how they will impact your clients in the years to come.
Agenda:
Day 1 - December 2nd
12:30 pm - 12:55 pm
Registration
12:55 pm - 1:00 pm
Welcome & Introductions
1:00 pm - 1:50 pm
Competence, Communication, and Conflict-Meet Elmer and Frances*
- Guidance to everyday ethical issues facing elder law attorneys
- Learn the consensus of your peers on handling thorny issues
- Interactive feedback* through Poll Everywhere™
Presented by Baird B. Brown, Esq. and Clara Brown Shaffer, Esq.
*Bring your cell phones to participate in this interactive portion of the program using Poll Everywhere™
1:55 pm - 2:45 pm
Protecting Your Clients' Rights and Financial Interests: Science & Ethics in
Capacity and Competency
- The latest evidence-based tools for assessing decision-making capacity, including how psychologists can decide when decision-making is spared in one domain but impaired in a different domain
- Key questions to ask to get the information you need from psychologists doing assessments
- How vulnerability to financial exploitation may be an early sign of impaired capacity
Presented by Dr. Valerie Stone
2:45 pm - 3:00 pm
Networking Break
3:00 pm - 3:50 pm
Common Ethical Issues in Elder Law
- Representing clients with diminished capacity
- Clarifying who you represent
- Maintaining normal attorney-client relationships
- Protecting clients who cannot protect themselves
- Confidentiality issues in elder law
- Confidentiality and the client under disability
- Confidentiality issues in multigenerational representation
- Conflicts of Interest in Multigenerational Representation
- Direct adversity conflicts
- Material Limitation conflicts
- Informed consent, confirmed in writing
Presented by Gregory Sapakoff, Esq.
3:55 pm - 4:45 pm
View From the Bench: How to Stay Out of Trouble in Probate Court, Get Paid and Avoid the Dreaded Order to “Show Cause”
- Discussion of guardianships, conservatorships and estate administration proceedings
- Fiduciary responsibilities of guardians, conservators and personal representatives
- Ethical responsibilities of attorneys who advise and represent fiduciaries in probate proceedings
- Issues related to mediation
- Common issues in the current economic conditions and role of the legal community
Presented by Hon. James Hartmann, Magistrate Barbara Hughes, Hon. John Leopold, Hon. Stephen Munsinger, Hon. C. Jean Stewart
4:45 pm
Adjourn Day One
Day 2 - December 3rd
8:30 am
Continental Breakfast
8:55 am - 9:00 am
Introductions
9:00 am - 9:50 am
Legislative and Case Law Update
- Colorado statutory changes and cases since the 2008 Institute that impact the Elder Law practice
Presented by Charles Connell, Esq.
9:55 am - 10:45 am
New Health Care Reforms
- Changes and improvements to Medicaid's coverage for long-term services and supports (LTSS)
- New mandates for nursing facilities and protections for residents
- Authorization of Community Living Assistance Services and Supports (“CLASS”) program
- Changes to traditional Medicare and to Medicare Advantage Plans
Presented by Mary Catherine Rabbitt, Esq.
10:45 - 11:00
Networking Break
11:00 am - 11:50 am
Wrapping a Medicare Set-Aside into a Self-Settled Special Needs Trust
- Settlement of a workers' compensation or liability claim for a Medicare beneficiary and consideration of Medicare's interests in a Medicare Set-Aside arrangement
- Traditional Medicare Set-Aside arrangement problems with SSI or Medicaid benefits
- Compliance with SSI and Medicaid rules on self-settled trusts
- How to blend a Medicare Set-Aside arrangement with a self-settled special needs trust to ensure continued eligibility for Medicare, SSI, and Medicaid
Presented by John Campbell, Esq.
11:50 am - 1:00 pm
Lunch - On Your Own
1:00 pm - 1:50 pm
Coordinating Trusts with Protected Proceedings/Conservatorships
- Statutory and case law framework
- Difficulties in distribution and administration, and selected capacity issues
- Powers and duties of fiduciaries when dealing with incapacitated individuals
- Strategies and planning tips
Presented by Darla Daniel, Esq. and Marcie McMinimee, Esq.
1:55 pm - 2:45 pm
Status of the Probate Court Audit
- Review of Probate Court Audit
- Possible Reforms to the Probate Court
Presented by Senator Morgan Carroll, Esq.
2:45 pm - 3:00 pm
Networking Break
3:00 pm - 3:50 pm
Guardian ad Litem or the Special Master: Whose Best Interest Is Served? A
Legal and Ethical Perspective
- Court appointment of a Guardian ad Litem (“GAL”)
- GAL representing the best interest, not the legal interest; investigation and
report to the court
- Special Master court appointment
- Special Master as a neutral auditor or examiner; duty bound to the court's
orders and reporting
- What legal, practical, strategic and ethical issues must be considered when requesting appointment of a GAL or Special Master?
Presented by Jennifer Gormley, Esq.
3:55 pm - 4:45 pm
Advanced Family Law Issues in Dissolutions and Separations with Elderly or Disabled Spouses
- Psychological issues
- Combining or dividing the marital estate with estate planning considerations
- Special trusts
- Retirement issues
- Working with GALs, friends, and family
- Spousal support obligations
- Separate property
- Incapacity
- Health insurance, Medicare and long term care
Presented by Marco Chayet, Esq., Ann Gushurst, Esq., and Melanie Jordan, Esq.
4:45 pm
Adjourn Day Two
Planning Chairs:
M. Carl Glatstein, Esq.
Glatstein & O'Brien, LLP
Jennifer S. Gormley, Esq.
Law Office of Jennifer S. Gormley, PC
Faculty:
Baird B. Brown, Esq.
Brown and Brown, PC
Grand Junction, CO
Clara Brown Shaffer, Esq.
Brown and Brown, PC
Grand Junction, CO
John J. Campbell, CELA, MSCC
Law Offices of John J. Campbell, PC
Denver, CO
Senator Morgan Carroll, Esq.
Colorado State Senate
Aurora, CO
Marco D. Chayet, Esq.
Chayet & Danzo LLC
Denver, CO
Charles J. Connell, Esq.
Attorney at Law
Greeley, CO
Darla Daniel, Esq.
Assistant Vice President and Trust Officer
Colorado State Bank and Trust NA
Denver, CO
Jennifer S. Gormley, Esq.
Law Office of Jennifer S. Gormley, PC
Centennial, CO
Ann C. Gushurst, Esq.
Gutterman Griffiths PC
Littleton, CO
Honorable James F. Hartmann, Chief Judge
19th Judicial District
Greeley, CO
Magistrate Barbara L. Hughes
4th Judicial District
Colorado Springs, CO
Melanie L. Jordan, Esq.
Gutterman Griffiths PC
Littleton, CO
Judge John P. Leopold (Ret.)
JAMS Arbitration, Mediation, & ADR Services
Denver, CO
Marcie R. McMinimee, Esq.
Steenrod Schwartz & McMinimee, LLP
Denver, CO
Honorable Stephen M. Munsinger
1st Judicial District
Golden, CO
Mary Catherine Rabbitt, Esq.
The Legal Center for People with Disabilities and Older People
Denver, CO
Gregory G. Sapakoff, Esq.
Podoll and Podoll, PC
Greenwood Village, CO
Honorable C. Jean Stewart
2nd Judicial District Probate Court
Denver, CO
Dr. Valerie Stone
Answers About Competency, LLC
Golden, CO
Video Replays: January 6-7, 2011
Denver: CLE Classroom, 1900 Grand Street, Suite 300
Grand Junction: 1250 East Sherwood Drive
Colorado Springs: 421 South Tejon Street, Suite 100
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $329.00 |
| CBA | $269.00 |
| CLPE | $249.00 |
| TRUST | $249.00 |
| Non Member | $199.00 |
| Non Member | $199.00 |
| Non Member | $199.00 |
| New Lawyer | $199.00 |
| CBA | $199.00 |
- General Credits: 11.00
- Ethics Credits: 5.00
- EDI Credits:
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