11th Annual Rocky Mountain Regional Elder Law Retreat

August 2019
 
11th Annual Elder Law Retreat
 
Co-Sponsored by the Elder Law Section of the Colorado Bar Association and the Colorado Chapter of National Academy of Elder Law Attorneys  
 
Featuring Timely, Practical, and Helpful Sessions, Including:
 
- Case Law Update - LATEST, GREATEST & WEIRDEST
- Probate Court: The Intersection of Grief and Greed
- Update Uniform Guardianship Conservatorship and Other Protective Arrangements Act
- Statutory Update
- Hot Topics/Best Practices: Electronic Wills
- Preventing Elder Family Financial Exploitation (EFFE): Identifying Risk and Protective Factors
 
Plus! Terrific Breakout Sessions, Including:
 
- Understanding Changes to the VA Non-Service Connected Pension and How to Use this Alongside a Medicaid Plan
- How the Uniform Trust Code impacts Special Needs Trusts and our lives
- How to Best to Use the Dead Man’s Statute & Rule 40 in Elder Law Litigation
- Hot Topics in Medicaid Planning
- Best Practices for Emergency Conservatorships/Guardianships:  Is Ex Parte the Right Approach?
- Is the Compensation and Cost Recovery Act Working for You and Your Clients?
- The Crossover with Probate and Domestic Matters
- Real Property Issues in Probate/Eviction/Landlord Tenant/Deed Issues/Abuse/Housing Issues
- 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?
 
… and much, much more!
 
   
WHEN:
Thursday, August 22 - Saturday, August 24, 2019
 
WHERE:
Vail Marriott Resort
715 West Lionshead Circle
Vail, CO 81657
 
CREDITS:
Submitted for 12 General CLE Credits  
 
Hotel/Lodging Information: 
 
August 22-24, 2019
 
Elder Law Retreat Headquarters:
 
Vail Marriott Resort
715 West Lionshead Circle
Vail, CO 81657
 
To reserve your room online, please go to: https://book.passkey.com/go/elderlaw2019
 
Room rates:
Hotel Room - $184 + taxes/night
Deluxe and Studio King - $199 + taxes/night
Jr. Timberline Suite - $250 + taxes/night (limited number)
Timberline Suite - $309 + taxes/night (limited number)
Please identify yourself as a member of the “Elder Law Retreat” in order to receive the group discount.
 
Reservations made after August 7, 2019 shall be at the prevailing rate. Cancellations after August 7, 2019 will forfeit the deposit equal to one-night's room & tax. A daily resort fee of $20 may be purchased upon check-in. Resort fee includes guestroom Wi-Fi and two water bottles per day.
 
Valet parking is available for $20 per day. The Lionshead Parking Structure is approximately 5-10 minutes walking distance from the Marriott, is now $25 per night for overnight parking.
 
 
OVERFLOW LODGING:
  
Lion Square Lodge
660 Lionshead Pl
Vail, CO 81657
 
Room Rates:
Hotel Room: $185
One Bedroom Condominium: $235
Discount will be offered on a space available basis. Rates are valid 5 days before and after the group dates. 
 
Reservations:
Call 833-825-5875 and identify yourself as a member of the CO Bar Elder Law group.
 
 
 
Montaneros in Vail
684 W Lionshead Cir
Vail, CO 81657
 
Room Rates:
- One bedroom- $165/night
- Two bedroom- $240/night
- Three bedroom- $305/night
- Four bedroom- $325/night
 
Reservations:
Call (970) 476-2491 and identify yourself a member of the Colorado Bar Association - CLE, Elder Law Conference.
 
Or
 
 
 
  
CANCELLATIONS:
If you are unable to attend, please notify CBA-CLE by AUGUST 16, 2019 and we will gladly refund your tuition in full. Cancellations after August 16th will be refunded less a $100 cancellation fee OR you may send someone in your place. 


SPECIAL THANKS TO OUR 2019 ELDER LAW RETREAT SPONSORS!

Platinum

Fortis Private Bank

GSF Care / Good Shephard Fund a member of the Secured Alliance

JAMS

PeopleCare Health Services

True Link Financial

BOK Financial and CFPD


Gold

ANB Financial Services

Baysore & Christian Fiduciary Services LLC

McTeam Properties, Inc.

White Glove


Silver

Case Coalition

Colorado CLE Books

Colorado CLE Pass

David Keil Investigations, Ltd.

Eide Bailly LLP

ElderCounsel

Friends for Life, Inc

InterActive Legal

Krause Financial Services

Life Insurance Settlements

Oasis Senior Advisors

Two Sisters Plus


Sponsorship Opportunities are still available! Please contact Melissa Higham, mhigham@cobar.org, for more information!

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  
Adjourn
 
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      
Case Law Update - LATEST, GREATEST & WEIRDEST
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 Court: The Intersection of Grief and Greed
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        
Understanding Changes to the VA Non-Service Connected Pension and How to Use this Alongside a Medicaid Plan
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
Conflicts of Interest and Elder Law Attorneys:  How to avoid conflict in the representation of guardians, conservators and other fiduciaries.
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        
How to Best to Use the Dead Man’s Statute & Rule 40 in Elder Law Litigation
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        
Hot Topics in Medicaid Planning
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        
Is the Compensation and Cost Recovery Act Working for You and Your Clients?
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      
Continental Breakfast - Sponsored by True Link Financial
 
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      
Update Uniform Guardianship Conservatorship and Other Protective Arrangements Act
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      
Hot Topics/Best Practices: Electronic Wills
The status of the Uniform Act and its possible introduction in Colorado.      
Presented by Michael Kirtland, Esq.
 
10:00 – 11:00 am      
Plenary Session: Preventing Elder Family Financial Exploitation (EFFE): Identifying Risk and Protective Factors
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:        
The Crossover with Probate and Domestic Matters
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:        
Real Property Issues in Probate/Eviction/Landlord Tenant/Deed Issues/Abuse/Housing Issues
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!        
Location Information
Vail Marriott Mountain Resort
715 West Lionshead Circle
Vail, CO 81657
Get directions
Registration Fees
Non Member $549.00
CBA Member $449.00
ELITE Pass Holder $209.00
CBA Elder Law Section Member $399.00
CBA Trust & Estate Law Section Member $399.00
Government Employee/Law Enforcement Rate $299.00
Colorado Guardianship Association Member $399.00
New Lawyer Edge Partner $224.50
CLE BASIC Pass Holder $229.00
  • General Credits: 13.00
  • Ethics Credits: 1.20
Start Date - End Date
August 22, 2019 - August 24, 2019
Start Time - End Time
2:00 PM - 12:30 PM
Event Location
Vail Marriott Mountain Resort
PDF Brochure
Calendar Reminder
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Presented by the Honorable Justice Richard H. Bernstein, Michigan Supreme Court
 
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
- Michael A. Kirtland, Esq., Kirtland & Seal LLC
- Jean Abbott, MD, MH, Professor Emerita, Center for Bioethics and Humanities, University of Colorado Anschutz Medical Campus
 
Addressing Domestic Violence in the Elder Community
Presented by:
- John Gleason, Esq., Burns, Figa & Will
- Allison Rocker, Esq., Denver Deputy District Attorney, Denver District Attorney’s Office
Moderator: Michelle Adams, Esq., Law Office of Michelle Adams, LLC