Thursday, August 23, 2018
Registration Open
1:00 – 1:15pm
Welcome and Opening Remarks
1:15 – 2:15pm
Colorado Office of Public Guardianship Pilot Program
- The history, reasoning and need behind the creation of a public guardianship office in Colorado
- Why is this a pilot project?
- The protocols, procedures and work to date of the PGC
- What is working so far in Colorado, and what is not?
- What are other states doing?
Marco D. Chayet, Esq., and Shari D. Caton, Esq.
2:15 – 2:30pm
Networking Break – Please Visit Your Sponsors!
2:30 – 3:30pm
A Panel Discussion on Succession Planning for Fiduciaries and Attorneys: The Cobbler's Children Have No Shoes – The Time to Prepare for a Transition is Before It Happens
- What happens when a lawyer or a fiduciary leaves without advance planning?
- Impact of the failure to engage in planning for the future on our clients
- Practical steps to take to prepare for death or disability
- Review of relationship between the Colorado Rules of Professional Conduct and succession planning for attorneys
Barbara E. Cashman, Esq., Robert McCauley, Professional Fiduciary, and Gregory Sapakoff, Esq., Deputy Regulation Counsel
Moderator: Sandra Sigler, Esq.
3:30 – 3:45pm
Networking Break – Please Visit Your Sponsors!
3:45 – 4:45pm
The Guardian ad Litem’s Complex Ethical Scope and Role Under the Colorado Probate Code
- Colorado Uniform Guardianship and Protective Proceedings Act
- GAL and confidentiality
- GAL as a litigant, witness, or signer of documents on behalf of respondent
- GAL’s role in light of the new Formal Ethics Opinion 131 and post-adjudication statute
- GAL’s role in appeals
Arlene S. Barringer, Esq., Sarah L. Golombek, Esq., and Thomas A. Rodriguez, Esq.
Moderator: Tammy D. Conover, Esq.
5:00 – 6:30pm
Welcome Reception - Sponsored by the Colorado Fund for People with Disabilities and Colorado State Bank & Trust
Friday, August 24, 2018
7:30 – 8:00am
Continental Breakfast - Sponsored by JAMS
8:00 – 8:10am
Welcome and Morning Remarks
8:10 – 8:30am
Legislative Update
Jeremy Schupbach, Director of Legislative Relations
8:30 – 9:20am
Unraveling Roots to Understand Branches
Drugs have long been considered a social ill that we as a society must eradicate, but, 48 years into the drug war, it has become increasingly clear that addiction, not drugs themselves, is the issue with which we must contend.  This talk will address the underlying causes of addiction (mental illness, traumatic brain injury, trauma, etc.), what addiction actually is, and some possible approaches to dealing with it.
Magistrate Albert S. Zweig
9:20 – 10:10am
The Scope of the Opioid Crisis and Its Impact on the Colorado Community and Protective Proceedings
A discussion of the use and abuse of opioids by elders or their family members and the impact on clients; practical information and examples
Ayodele G. Labode, Esq., Robin Yasui, MD, and Magistrate Albert S. Zweig
10:10 – 10:30 am
Networking Break – Please Visit Your Sponsors!
10:30 – 11:30 am
Breakout Sessions
Topic A1
Protecting Minor Children—Guardianships and Settlement Resolution
Guardianship for a minor under Title 15 and the interplay of Title 14; Gathering information prior to filing of a Rule 16 Petition; Hearing and post hearing considerations
Sherene C. Stenger, Esq., and Timothy D. Bounds, Esq.
Topic A2
Emergency Medicaid Planning
Opportunities for planning for a married couple and a single person; Spend-down strategies; Excess assets and mitigating the damage of ineffective trusts; Application process: navigation and timing; Home- and Community-based services and family caregivers; Facility private pay requirements as a prerequisite to obtaining care under Medicaid
Bryan C. Benbow, Esq., and Shauna C. Clemmer, Esq.
Topic A3
Forensic Accounting in Elder Law Matters - It Never Gets Old
Processes for obtaining financial records; Ask for the right records; Review of accountings – what to look for; Selecting an expert; Consideration of other financial records and reports; Fraud prevention
Gary Schwartz, CFE, and Marcie R. McMinimee, Esq.
11:35 am – 12:35pm
Breakout Sessions
Topic B1
Mediation, Resolution, and Kumbaya; or Jack and Jill Went up a Hill
Mediation is a different process for elder law, probate litigation, and contested guardianship and conservatorship cases. An open forum will explore the forms of dispute resolution, who is involved, when to bring in an expert, how to deal with difficult parties or family members, spotting ethical issues and how to meaningfully and successfully involve your clients.
Rose M. Zapor, Esq., and Martha L. Ridgway, Esq.
Topic B2
ALJ Medicaid Judge Appeals
Office of Administrative Courts
Statutory powers, nature of, limits of authority
Adequate and proper notice
What a notice must contain and the most common defects in notices
Deadlines, preparation, what is required of the county, sample letters and briefs
Most common reasons for appeal Resolving appeals prior to hearing Beyond appeal
HCPF’s review division, district court, limits of exhaustion of remedies requirement
Claire E. Dineen, Esq., and Lance E. McKinley, Esq.
Topic B3
Conservatorship and Divorce
- Legal standards and options for GAL’s,  conservators, and special conservators
- When does a divorce need to take a detour to the probate court?
- Divorce law basics and issues impacting the spouses and children of a divorce in cases involving crossover to the probate world
- Tips for divorce and probate counsel working together
Jerremy M. Ramp, Esq., and Scott H. Challinor, Esq.
12:35 – 1:00pm
Networking Break to Pick up Lunch
1:00 – 2:30 pm
Luncheon Presentation
Integrating the Elder Law Attorney into the Complexities of the Settlement Planning Process–A Cross Disciplinary Planning Process Using Real Life Case Studies, i.e., The David Repsher Settlement
- Evaluating each category of the unique needs of injured people
- Utilizing specialized resources and knowledgeable providers
- Dealing with compliance issues related to injury settlements
- Qualified settlement trusts
- Lien resolutions
- Role of structured settlement annuities
- Medicare Secondary Payer Act
- Needs-based benefits preservation
- Ongoing investment management and estate planning
Eric Solem, Esq., Nicole Quintana, Esq., Mark Dickson, David Simon, and Gregory P. Seal
2:40 – 3:30 pm
Case Law Update
Spencer J. Crona, Esq., and Kayla R. Nelson, Esq
3:30 pm
Enjoy Vail and see you at the Annual Wine Tasting at 5:30 pm!
5:00 – 6:30pm
Annual Wine Tasting – Sponsored by PeopleCare Health Services
Saturday, August 25, 2018
8:15 – 8:45am
Continental Breakfast
8:50 – 9:00am
Welcome and Morning Remarks
9:00 – 10:00am
This is Not Your Patty Hearst Case of the Stockholm Syndrome
- How an older person could become a victim to the Stockholm Syndrome without realizing it
- Characteristics that could lead to exploitation
- How a victim of the Stockholm Syndrome would not want to testify against the alleged perpetrator
- Why a Respondent would not want to testify against the person who is suspected of holding them captive and/or exploiting them
- How a victim would refuse to accept and passionately disagree that they are being victimized, despite all evidence
- Discerning the difference between voluntarily exercising their choice to “give up the farm” versus being coerced
- Various agencies and organizations that could become suspicious that an older person might be a victim of the Stockholm Syndrome
- Various methods a perpetrator could use to “captivate” an older person
Richard Spiegle, Psy.D, and Catherine (Cate) Seal, Esq.
10:00 – 10:45 am
Networking Break – Please Visit Your Sponsors!
10:45 – 11:45am
Breakout Sessions
Topic C1:
Unusual Guardianship Topics and Cases
It's all about the money . . . Or is it? Join us for a loosely guided discussion of how "sticky wickets" and other complications can spiral out of control before and even after appointment of a guardian or conservator.
M. Carl Glatstein, Esq., and Debbie Reinberg, MAcc
Topic C2:
The New POMS and Tax Law re: Trusts, ABLE and More
Changes related to trust administration and post-eligibility
- 90-day amendment period
- Sole benefit rule
- Clarifications on POAs establishing trusts
- Indian Gaming Revenue Act trusts and ABLE accounts
New tax law creates two important changes to ABLE accounts
- What are the changes?
- Practical implications for drafting and administration for attorneys, fiduciaries and trustees
Susie Germany, Esq., and  Megan Brand, Executive Director
Topic C3:
You Can’t Handle the Truth! A Few Good Ways to Obtain Information from a POA
- Who has standing to request/receive information?
- Compelling information from an agent under the Uniform Power of Attorney Act
- Best practices for getting information without a fight
- Medical agents and HIPAA
Brooke W. Brestel, Esq., and Alison Zinn, Esq.
Thank You for Attending the 10th Annual Rocky Mountain Regional Elder Law Retreat!