Agenda

DAY ONE

SPECIAL NEEDS PLANNING

Thursday, August 24, 2017

 

12:30pm

Registration Open

 

1:00 1:15pm

Welcome and Opening Remarks

Arlene S. Barringer, Esq., Glatstein & O'Brien LLP, Denver, CO, and Susie Germany, Esq., The Germany Law Firm P.C., Erie, CO

 

1:15 2:15pm

Overcoming Obstacles, Breaking Down Stereotypes and Changing Perspectives: Lessons for an Elder Law Practitioner Based on My Life Experience as a Blind Justice

Presented by the Honorable Justice Richard H. Bernstein, Michigan Supreme Court

 

Justice Bernstein is a Michigan Supreme Court Justice who is legally blind since birth. In addition to championing for the rights of the disabled, he has run over 20 marathons and an Iron Man Triathlon.

 

2:15 2:30pm

Networking Break Please Visit Our Sponsors!

 

2:30 3:30pm

Overview of the Achieving a Better Life Experience Act of 2014 (ABLE Act)

Presented by:

Megan Brand, Executive Director, CFPD, Denver, CO

Bradley J. Frigon, Esq., Law Offices of Bradley J. Frigon, LLC, Englewood, CO

Susie Germany, Esq., The Germany Law Firm P.C., Erie, CO, Retreat Co-Chair

 

3:30 5:00pm

Current Medicaid Issues: Health Care Reform, Special Needs Trusts, and Estate Recovery

The panel members will present on best practices, practice tips and suggestions to address current Medicaid issues. The informative discussion will include:

·         The latest in health care policy/reform and Medicaid financing and its impact on your elder law practice

·         Submitting disability and third party trusts to CDHCPF – what information should accompany the trust including proof of beneficiary’s disability

·         The conflict between the Social Security Administration and CDHCPF regarding provisions in disability trusts for early termination and priority for reimbursement to CDHCPF causing trust beneficiaries who are SSI recipients to choose between SSI benefits and Colorado’s long-term care Medicaid benefits

·         Trust administration issues, including submitting disability and third party trust accountings to CDHCPF

·         Estate and trust recovery

Presented by:

Eric Solem, Esq., Solem, Mack & Steinhoff, P.C., Englewood, CO

Virginia Frazer-Abel, Esq., Frazer-Abel Law, LLC, Lakewood, CO

Peter J Wall, National Oversight Manager, Disability & Elder Trust Solutions, BOK Financial, Vice President, Trust Officer, Colorado State Bank and Trust, Denver, CO

Mary Catherine Rabbitt, Esq.

 

Moderator:  Claire E. Dineen, Esq., Law Office of Claire E. Dineen, Denver, CO

 

5:00pm

Adjourn

 

5:15 6:45pm

Welcome Reception

Special Welcome to First-Time Attendees and New Elder Law Practitioners

 

 

DAY TWO

END OF LIFE, DOMESTIC VIOLENCE, PROBATE PROCEEDINGS

Friday, August 25, 2017

 

7:45 – 8:15am

Continental Breakfast

 

8:15 8:30am

Welcome and Morning Remarks

 

8:30– 9:30am

ETHICS: Law Meets World:  Application of the New Statutes on Respondent's Right to Counsel in Guardianship and Protective Proceedings: Ethics Rule 1.14 and the New Ethics Opinion on Diminished Capacity

Recognizing the need to fill a specific void in the aftermath of Milstein, the bar and then the General Assembly produced these new enactments effective August 10, 2016.  This presentation will explore the occasions triggering, and the practical application (or non-application) of, these important new guides for affording representation to respondents amid guardianship and protective proceedings.

 

Presented by Spencer J. Crona, Esq., Brown & Crona, LLC, Denver, CO

Letitia Maxfield, Esq., Trust and Estate Advocates, LLP, Denver, CO, and

April M. McMurrey, Deputy Regulation Counsel, Colorado Supreme Court Office of Attorney Regulation Counsel, Denver, CO

 

9:30 10:30am

Lightning Round with Sponsors

·         10 Tips to Win for Clients and Inform Judges: Practical Wisdom for Professional Fiduciaries (Part Deux) Presented by Pamela D. Wilson, The Care Navigator, Golden, CO

·         Difficulties Facing Trustees in Snts for Minors Presented by Peter J. Wall, National Oversight Manager, Disability & Elder Trust Solutions, BOK Financial, Vice President, Trust Officer, Colorado State Bank and Trust, and Megan Brand, Executive Director, CFPD

·         Homecare ... What, Why, When? Presented by Phil Gibson, Director of Business Development, PeopleCare Health Services

·         Trial Advocacy Training as Seen Through the Eyes of a Judges: Watch What You File!  Tips for Your Filings with the Court presented by Honorable C. Scott Crabtree, JAMS

 

10:30 10:45am

Networking Break Please Visit Our Sponsors!

 

10:45am 12:00pm

Panel on End of Life Options: Proposition 106 and the Ethics of Counseling a Client on End of Life

Presented by:

Jennifer Moore Ballentine, MA, President, The Iris Project, Denver, CO, and San Diego, CA

Michael A. Kirtland, Esq., Kirtland & Seal LLC, Colorado Springs, CO

Jean Abbott, MD, MH, Professor Emerita, Center for Bioethics and Humanities, University of Colorado Anschutz Medical Campus, Aurora, CO

 

12:00 12:15pm

Pre-lunch Presentation Break

 

12:15 1:15pm

Luncheon Presentation: Colorado’s New Strategic Action Planning Group on Aging

Colorado Strategic Action Planning Group on Aging is charged with examining the impact of the aging demographic shift in Colorado and developing a long-term strategic plan, with recommendations for specific actions and bills by the General Assembly. An important mission of the Planning Group is to ensure adequate and sustainable funding and spending strategies for Medicaid and other state and local programs while also creating a public education campaign to improve individual and family preparedness. In November 2016, the Strategic Action Planning Group issued its first series of recommendations to the Colorado General Assembly and Governor’s Office. Learn about these recommendations and the important work of the Planning Group.

Presented by James Riesberg, Chair, Colorado Strategic Action Planning Group on Aging, Denver, CO

 

1:15 1:30pm

Post-lunch Break

 

1:30 2:45pm

ETHICS: Addressing Domestic Violence in the Elder Community

Rule 1.14 and 1.6; Attorney/Client Privilege; Case Study, providing resources, procedures and information for practitioners along with addressing the ethical implications such as confidentiality and representing a client with diminished capacity.

Presented by:

John Gleason, Esq., Burns, Figa & Will, Greenwood Village, CO

Allison Rocker, Esq., Denver Deputy District Attorney, Denver District Attorney’s Office, Denver, CO

 

Moderator: Michelle Adams, Esq., Law Office of Michelle Adams, LLC, Denver, CO

 

2:45 4:45 pm

“What is Working Well” Roundtable Discussion with Judicial Officers, Court Staff and Practitioners Informal roundtable discussion with judicial officers, court staff, elder law/probate practitioners and fiduciaries to discuss what is working well with probate proceedings, share our experiences, and learn from each other

 

Presented by:

2nd Judicial District – Denver Probate Court

Judge Elizabeth Leith

Magistrate Ruben Hernandez

Melissa Barnes, Specialist

Karen McKey, Protective Proceedings Monitor

Stephanie Kunkel, Protective Proceedings Monitor

 

17th Judicial District – Adams County District Court

Joy Zabroski, Supervisor and Probate Registrar

Patricia Rankin, Probate Law Clerk

 

18th Judicial District

Magistrate H. Clay Hurst, Arapahoe District Court

Tina Surber, Protective Proceedings Monitor

 

Court Programs, State Court Administrator's Office

Connie Lind, Statewide Probate Programs Coordinator

 

Moderators:

Susie Germany, Esq., The Germany Law Firm P.C., Erie, CO

Alene S. Barringer, Esq., Glatstein & O'Brien LLP, Denver, CO


4:45pm

Adjourn

 

5:00 6:30pm

Wine Tasting Reception

 

DAY THREE

Saturday August 26, 2017

Mock Contested Guardianship Proceedings Case

 

7:45 – 8:20am

Continental Breakfast

 

8:20am

Morning Remarks

 

8:30 8:45am

Remarks: CBA Executive Director Patrick Flaherty, Esq.

 

8:45am Noon (With a 15-minute Networking Break from 10:15 10:30am)

Mock Trial of a Contested Guardianship Case, Including Interactive Commentary

Presented by:

Catherine Seal, Esq., Kirtland & Seal LLC, Colorado Springs, CO

David L. McGuffey, Esq., Elder Law Practice of David L. McGuffey, LLC, Dalton, GA

Honorable Ruben Hernandez, Magistrate, Denver Probate Court, Denver, CO

12:00 Noon
Adjourn

 

THANK YOU FOR ATTENDING THE 9TH ANNUAL ELDER LAW RETREAT!