Agenda      

       

Thursday, August 22, 2019        

 

12:00pm        

Registration Open        

 

1:00 – 5:30pm        

The Advanced Contested Proceedings Practicum: How to Build Your Case  

In small, collaborative teams, you will use a hypothetical developed from real guardianship and conservatorship proceedings designed to teach you key litigation skills. An experienced probate litigator will lead your team in first explaining the topic, then observing you role-play, and finally honing the essential litigation technique. Other experts will visit your table to fine-tune your skills. The techniques and skills you will learn during this hands-on, interactive workshop include:  

- How to do emergency Medicaid planning

- How to analyze and comply with relevant statutes and regulations

- How to use special needs trust planning in an emergency

- The limits of what an emergency guardian can do without additional court approval

- The limits of medical and financial powers of attorney

- The statutory requirements for drafting powers of attorney

- How to prepare witness testimony

- Procedural requirements for filing emergency proceedings

- Statutory requirements for expert witness testimony and reports

- How to use forensic investigators to determine breach of fiduciary duty

- How to work with law enforcement for successful prosecution of elder fraud

- Mandatory reporting of elder fraud and exploitation

- The role of Adult Protective Services and Public Administrators

- How to best administer special needs trusts to protect public benefits eligibility

- Gaining awareness of agencies that serve seniors in the Denver metro area

and hearing the evaluations of judges on adequate evidentiary proof so the court may make appropriate findings!    

 

5:30pm  

5:30 – 7:00pm        

Welcome Reception        

         

Friday, August 23, 2019        

 

7:30 – 8:00am        

Continental Breakfast - Sponsored by JAMS        

 

8:00 – 8:30am        

Welcome and Morning Remarks + John Campbell Award      

Extended by Vince O’Brien, Executive Director, Colorado Bar Association CLE    

 

8:30 – 9:30 am      

Prepare to be amazed at the display of athleticism and skill as your hosts breathe fire and juggle knives…Wait, wrong presentation…

You want cases?  We’ve got cases.  We’re scouring our legal research tools to find you the latest, greatest and weirdest Elder Law and Trust & Estate cases from the past year and dissect them for you.  Your hosts devised a few surprises for you last year – you won’t want to miss Case Law Update 2019!      

Spencer Crona Esq., and Kayla Nelson, Esq.        

 

9:30 – 10:30 am      

Probate attorneys need to recognize the shadows in the courtroom caused by grief. Thoughtful strategies in preparation for contested hearings should encompass not only controlling expectations of clients but also recognizing that permanent family scars can be avoided by navigating the stormy seas of probate issues. Focus should be on avoiding allowing the sideshow to overtake the circus in the courtrooms. Despite the not having any grief counselling in law school, attorneys should accept that successful case outcomes may be greatly aided by taking time to learn more about the impact of grief in probate cases. The anxiety levels of the clients can be greatly reduced by explaining the procedures with an expected timeline and the purpose of each hearing. The intersection of Grief and Greed almost always gets more contentious and complicated when the word “step” enters. The goal is to help all of us including judges, attorneys and other professionals to understand the importance of recognizing not only legal issues but also emotional issues in probate cases.      

Presented by Honorable Patrick Murphy      

 

10:30 – 10:45 am        

Networking Break – Please Visit Your Sponsors!        

 

10:45 – 11:45 am        

Breakout Sessions        

         

Topic A1        

This session will explore the changes to the VA Non-Service Connected Pension, commonly referred to as “Aid and Attendance,” benefit as well as how this program can be used as part of a comprehensive long-term care plan for clients.        

Presented by Mary Frances Price, Esq.      

         

Topic A2              1 Ethics Credit

How Colorado case law and the Colorado Rules of Professional Conduct intersect in the representation of fiduciaries in multiple but unrelated cases, and what is and isn't permissible.  This is an ethics presentation on how to have a fiduciary representation practice without conflicts.

Presented by Michael Kirtland, Esq.

       

Topic A3        

This session will focus on how every litigator can better understand why Rule 40 was enacted back in October 2013, but also how it can be used as a resource in litigation.        

Presented by Aaron Evans, Esq.      

 

11:45 am – 12:00 pm        

Networking Break  

12:00 – 1:00 pm        

Breakout Sessions      

       

Topic B1        

Potential Developments from the Department; HCPF Issues; Recent Case Experiences, etc.      

Presented by Bradley J. Frigon, Esq. and Brandon Fields, Esq.      

         

Topic B2        

Best Practices for Emergency Conservatorships/Guardianships: Is Ex Parte the Right Approach?

As elder law practitioners, we have the option of seeking emergency orders under the law.  However, is this always the right approach? Join an elder law practitioner and law clerk as we discuss best practices in this often abused area.      

Presented by Tom Rodriguez, Esq. and Patricia Rankin, Esq.        

Topic B3        

Participants can expect practical tips and advice on how to prepare “Detailed Billing Statements” based upon the reasonableness factors in Section 15-10-603(3) and the Reasonableness Standard the Court will use to evaluate any objection or dispute.      

Presented by Christine J. Law, Esq.      

 

1:00 pm      

Adjourn      

 

5:30 – 7:00pm        

Annual Wine Tasting – Sponsored by PeopleCare Health Services        

         

Saturday, August 24, 2019

7:45 – 8:45 am      

8:45 – 9:00 am      

Welcome and Morning Remarks        

Extended by Vince O’Brien, Executive Director, Colorado Bar Association CLE, and Patrick Flaherty, Executive Director, Colorado Bar Association  

9:00 – 9:15 am      

This Act could make significant changes to the laws governing protective proceedings in Colorado. This presentation will review the major differences between existing law and the proposed act, how it can improve on current law, and where existing statutes may better serve respondents, their families, and fiduciaries. An update on the work of the bar association, the Uniform Law Commission, the Colorado Legislature, and the various stakeholders groups will be addressed along with a timeline and expectations of the act's chances of becoming law.      

Presented by Brooke W. Brestel, Esq.

9:15 – 9:45 am      

Statutory Update        

Presented by Jeremy Schupbach

9:45 – 10:00 am      

The status of the Uniform Act and its possible introduction in Colorado.      

Presented by Michael Kirtland, Esq.

10:00 – 11:00 am      

Elder financial exploitation is a national problem expected to escalate with increasing longevity. Victim consequences include financial loss, diminished emotional, psychological, physical health and earlier death.  Family members have been identified as the largest perpetrator group in part because older adults are unaware of risk factors that could lead to EFFE. However, prevention to reduce the consequences to elders, their families and to society is more complicated than merely including accountability in POA documents.  This session will include research findings identifying factors within families that can help lawyers and their middle-aged and older clients proactively address family problems to increase protective factors and reduce risk factors of EFFE.      

Presented by Dr. Virginia B. Vincenti & Kristina Mireles, University of Wyoming

11:00 – 11:15 am        

Networking Break – Please Visit Your Sponsors!

11:15 – 12:15 pm      

Breakout Sessions

       

Topic C1:        

Judge Elizabeth Leith from the Denver Probate Court and Judge Gary Kramer from the 18th Judicial District have both handled probate and domestic matters.        

Presented by Honorable Elizabeth Leith and Honorable Gary Krame      

         

Topic C2:        

This presentation will address investigating title, filing of necessary pleadings to safeguard title pending investigation and/or litigation, securing the probate court's jurisdiction to vest title back to the protected person/ward and evictions. Finally, the presentation will address concerns related to Medicaid qualification when real property has been transferred or gifted from the protected person/ward.      

Presented by Kendra Oyen, Esq., and Scott Challinor, Esq.

       

Topic C3:        

Carrying the Burden: What happens when complex elder/at risk cases are investigated and triaged by DA’s Offices? How can we work together effectively to protect older adults?

Learn more about what evidence is needed to file a criminal case, and how law enforcement and attorneys can collaborate effectively when the case cannot be filed.      

Presented by Jane Walsh, Esq., Robyn Cafasso, Esq., and Ralph Stevenson, Esq.      

12:30 pm        

Adjourn        

         

Thank You for Attending the 11th Annual Rocky Mountain Regional Elder Law Retreat!        

Vail Marriott Mountain Resort
715 West Lionshead Circle
Vail, CO 81657