13th Annual Rocky Mountain Regional Elder Law Retreat – Virtual
Sharpen your skills and stay on top of developments from the courts and protective service programs, and how they impact your aging clients. Walk away with practical tips, legislative and case law updates, and training from experienced attorneys, professionals, scholars, and judicial officers to support your clients and their families.
• Case law, court clerk and legislative updates
• An in-depth look at Adult Protective Services
• Elder Law Revue
If disability accommodations or special assistance are needed, please contact us at [email protected]. Requests must be made at least two weeks prior to the scheduled program.
The program will be submitted for CLE accreditation in Colorado and Wyoming (The Wyoming State Bar has approved this course for 12.5 General Credits including 1.25 Ethics Credits). If you need to seek accreditation in another state, please review the process and requirements for that individual state. CBA-CLE staff can provide a Uniform Certificate of Attendance, and it is the attendee’s responsibility to complete the accreditation outside of Colorado.
THANK YOU TO OUR 2021 SPONSORS!
Platinum
JAMS
True Link Financial
Gold
Baysore & Christian Fiduciary Services, LLC
BOK Financial Private Wealth
Silver
Dementia Focused Practice
Eide Bailly, LLP
ElderCounsel
Fortis Private Bank
Interactive Legal
Krause Financial Services
SRS Capital Advisors
Sponsorship opportunities are still available! For more information, please contact Melissa Higham; [email protected]
Thursday, August 26
11:30 am – 12:00 pm
Yoga with Danny
Start your conference off with a Zen living room yoga session. All levels are welcome.
12:00 – 12:20 pm
Welcome and Opening Remarks
Extended by Kayla Nelson, Esq., Program Co-Chair, Sigler Law Offices LLC
Joi Kush, Colorado Bar Association President, Johnson Kush P.C.
Kendra L. Yates, Esq., Program Attorney, CBA-CLE
12:20 – 1:20 pm
Understanding the Americans with Disabilities Act and How the Act Impacts our Aging Clients
The Americans with Disabilities Act is a landmark civil rights law, but it is often misunderstood even 30+ years after its enactment. This presentation will provide an overview of the ADA, including key provisions and noteworthy cases, and explore how the ADA operates in practice to impact the lives of our aging clients. Is aging considered a “disability” under the ADA? What does ADA compliance look like for nursing homes and assisted living facilities? Do employers have to accommodate their aging employees?
Presented by Chris Brock, Esq., Colorado Cross-Disability Coalition, and Kevin W. Williams, Esq., Colorado Cross-Disability Coalition
1:25 – 2:25 pm
Court Clerk Update and Recent Court Trends
Judicial Department staff will discuss trends, review Case Management Orders, and offer preferred practices, and tips for successful communication, to provide clarity and guidance on working with the courts.
Presented by Rachael Erickson, Clerk of Court, Weld County Combined Court, 19th Judicial District, Kristabel Garcia, Probate Registrar, 20th Judicial District, Connie Lind, Probate Programs Coordinator, State Court Administrator’s Office, Steven Molck, Probate Specialist, 1st Judicial District, and Gina Parker, Clerk of Court, Elbert County Combined Court, 18th Judicial District
2:25 – 2:45 pm
Networking Break
Connect with colleagues and expand your professional circle in our virtual lounge where you can join a table or couch via video for small-group or 1:1 conversations. Pop in for a few minutes or stay a while.
2:45 – 3:45 pm
Breakout Session A
Topic A1:
Litigating a Case Under the Colorado Probate Code
This interactive break-out session will be a hands-on experience dedicated to conducting effective direct- and cross-examinations of witnesses in probate cases. Utilizing fact patterns for both protective proceedings and estate matters, participants will develop lines of questioning intended to solicit supportive testimony in an efficient manner while remaining attentive to the inherently combative and sensitive nature of probate litigation.
Presented by Tim Bounds, Esq., Evans Case LLP
Topic A2:
Expectations and Perspectives of the APS Program
This workshop will provide a brief overview of the Adult Protective Services (APS) program from a statutory/regulatory perspective, including recent regulatory initiatives. The panel will discuss the administrative and oversight roles of the state and county departments of social/human services, as well as dive deep into the confidentiality provisions, and how they impact the sharing of information among community agencies. Tips and tricks for working with APS in your community will also be provided.
Presented by Dave M. Bernhart, Esq., Denver County Attorney, Angela L. Borkowski, Esq., Douglas County Attorney, Michelle Kane, APS Supervisor, Whitney Nettleton, Denver County APS Administrator, and Peggy Rogers, CDHS APS Program Manager
3:50 – 4:50 pm
Breakout Session B
Topic B1:
The Role of the Personal Representative: Authority, Standing and Confidentiality
The role of Personal Representative can involve challenging issues overseeing disputes with estate beneficiaries and third parties while also maintaining appropriate confidentiality and privilege. We will explore the Personal Representative’s authority, obligation and standing to continue or pursue litigation, as well as matters of confidentiality, including the attorney-client privilege and medical records of the decedent.
Presented by Richard Kiely, Esq., Holland & Hart, LLP, and Rebecca Klock Schroer, Esq., Holland & Hart LLP
Topic B2:
Medicaid Waiver Programs
This session will provide an overview of Colorado’s Medicaid Waiver programs, broken down into three categories: Diagnosis-Specific waivers, Long Term Care waivers, and Children’s waivers, highlighting important distinctions between each, including those related to services and eligibility. We will discuss specific situations and when an attorney should guide their client toward one program versus another.
Presented by Virgina A. Frazer-Abel, Esq., LL.M., Frazer-Abel Law LLC, and Eric J. Kelly, Esq., Frazer-Abel Law LLC
4:50 – 5:50 pm
Elder Law Revue
As elder law attorneys, we often encounter very unique situations sparked by family dynamics, diminished capacity, greed, grief and the human condition. Join your colleagues, who will bring levity to the strange world of Elder Law, as well as share their best practice tips, ethical wisdom, and legal insights on topics such as undue influence, financial exploitation and incapacity. You do not want to miss this educational and entertaining theatrical treat!
Presented by:
Team A: Jody J. Pilmer, Esq., Wade Ash Woods Hill & Farley, P.C., Thomas A. Rodriguez, Esq., Vincent, Romero, & Rodriguez, LLC, and Joshua R. Yeager, Esq., Vincent, Romero, & Rodriguez, LLC
Team B: Spencer J. Crona, Esq., Brown & Crona, LLC, Zachary T. Reams, Esq., Reams & Reams, Martha L. Ridgway, Esq., Martha L. Ridgway, P.C., Zachary D. Schlichting, Esq., Wade Ash Woods Hill & Farley, P.C., and Sandra Sigler, Esq., Sandra Sigler Law Offices, LLC
Team C: Jonathan Culwell,Esq., JLongtin Law, M. Carl Glatstein, Esq., Glatstein & O’Brien LLP, Sarah L. Golombek, Esq., The Law Office of Sarah L. Golombek LLC, and Chelsea Ziegler, Esq., Trust & Estate Advocates, LLP
Team D: Norvell E. Brasch, Esq., Trust & Estate Advocates, LLP, Kristine L. Callahan, Esq., Sutherland Connor & Callahan LLC, and Erin L. Connor, Esq., Sutherland Connor & Callahan LLC
Submitted for .2 Ethics Credits
5:50 pm
Adjourn
5:50 – 6:30 pm
Dinner & A Show
Prepare to be beguiled, baffled and bewildered by expert mentalist and illusionist, Hart Keene. Mr. Keene has spent two decades captivating crowds, and has been featured on NBC’s America’s Got Talent, the CW Network’s Penn & Teller: Fool Us, and TNT’s The Librarians. Fun for the entire family!
Be sure to check out your Digital Swag Bag! First 150 people to register get dinner on us!
Friday, August 27
7:30 – 8:00 am
Morning Coffee
Enjoy a cup of joe while you connect with colleagues and expand your professional circle in our virtual lounge where you can join a table or couch via video for small-group or 1:1 conversations. Pop in for a few minutes or stay a while.
8:00 – 8:30 am
Welcome and Morning Remarks
Extended by Kayla Nelson, Esq., Program Co-Chair, Sigler Law Offices LLC
Kendra L. Yates, Esq., Program Attorney, CBA-CLE
8:30 – 9:30 am
Comparison of Guardianship and Conservatorship Proceedings in Different States
Jurisdictions outside of Colorado have different procedures and requirements in their protective proceedings. We will explore the differences between other states’ protective proceedings, and procedures around guardians and conservators, including proof required for standard and emergency appointments, statutory restrictions on authority, and reporting requirements and subsequent court reviews.,
Presented by Aaron D. Frishman, Esq., Bousquet Holstein PLLC, Catherine Seal, Esq., Kirtland & Seal, L.L.C., Twyla Sketchley, Esq., The Sketchley Law Firm, P.A., and Molly M. Wood, Esq., Stevens & Brand LLP
9:30 – 9:50 am
Networking Break
Connect with colleagues and expand y our professional circle in our virtual lounge where you can join a table or couch via video for small-group or 1:1 conversations. Pop in for a few minutes or stay a while.
9:50 -10:20 am
Update from the National Guardianship Network’s (NGN) Fourth National Guardianship Summit
This program will cover the policy reforms adopted by the May 2021 NGN consensus conference, Maximizing Autonomy and Ensuring Accountability, held to advance and reform key aspects of guardianship systems in the United States
Presented by Catherine Seal, Esq., Kirtland & Seal, L.L.C.
10:25 – 11:25 am
Breakout Session C
Topic C1:
Look before you Leap: What Professional Fiduciaries and Attorneys Should Know Before Taking a Case
A review of ethics, potential conflicts and helpful tidbits professionals can use to work effectively together.
Presented by Scott Christian, Professional Fiduciary, Baysore & Christian Fiduciary Services, LLC, Susie Germany, Esq., The Germany Law Firm P.C., and Christine Reifenrath, PT, MA, CMC, Certified Care Manager, Human Network Systems, Inc.
Submitted for .4 Ethics Credits
Topic C2:
Legislative Update: 2019 – Today
This session will cover legislation affecting the practice of elder law from late 2019 to today. Topics will include Supported Decision-Making (SB21-075), Psychiatric Advance Directives (HB19-1044), Colorado Uniform Electronic Wills Act (HB21-1004), and other new laws related to estate planning, probate matters, and serving clients with disabilities or incapacity.
Presented by Shelby R. Martin, Esq., Steenrod, Schwartz, McMinimee, LLP, and Emily L. McDaniel, Esq., Steenrod, Schwartz, McMinimee, LLP
11:25 – 11:35 am
Stretch Break
11:35 am – 12:35 pm
Breakout Session D
Topic D1:
Clients with Mineral Interests – Issues and Solutions
When a client’s assets include mineral interests, which are considered an asset for Medicaid purposes, there are numerous issues to consider when creating their estate and long-term care plans, For example, the client may have trouble selling the interests or may want to keep them in the family. Or, the client may believe they own a mineral interest, though it may actually remain in a relative’s estate, which may require a determination of heirship, ancillary proceeding, or other curative title measures. This presentation will walk through issues and solutions for different scenarios.
Presented by Shauna C. Clemmer, Esq., Brown & Brown, P.C. and Mallory Hasbrook, Esq., Welborn Sullivan Meck & Tooley, P.C.
Topic D2:
When Medicaid and VA Benefits Intersect
According to a U.S. Department of Health and Human Services study, 70% of adults who survive to age 65 develop severe long-term care needs before they die, and 48% receive some paid care over their lifetime. Many of the long-term care patients are veterans. This course will provide a brief Medicaid eligibility refresher, advanced Medicaid planning strategies, and the interaction between Medicaid and the VA Improved Pension benefit.
Presented by Rabea Taylor, Esq., Lewis Kuhn Swan, P.C.
12:35 – 1:25 pm
Lunch with Optional Ethics Session
Ethical Issues for Elder Law Attorneys
Join us to discuss ethical topics unique to the elder law practice, including conflicts of interests and confidentiality. We will also address hot topics in lawyer regulation, including recent rule updates, as well as case highlights from the past year. This information-packed presentation will tell you what you need to know to stay current with ethics.
Presented by April M. McMurrey, Esq., Colorado Supreme Court Office of Attorney Regulation
Submitted for 1 Ethics Credits
1:30 – 2:30 pm
Breakout Session E
Topic E1:
In the Matter of the Office of the Public Administrator: Best Practices
What you can expect from the Public Administrator’s office, what they can do for your office, and how you can use them more effectively and efficiently.
Presented by Ginny Frazer-Abel, Esq., LL.M., Frazer-Abel Law LLC, Katrina S. Jones, Esq., Katrina S. Jones PC, Charles F. Reams, Esq., Reams & Reams, and Zachary T. Reams, Esq., Reams & Reams
Topic E2:
Experience is Everything
Center for Legal Inclusiveness CEO Sara Scott will talk about ageism in 2021, and the implications in today’s legal workplace, including the lingering impact of implicit bias and micro aggressions, and the most recent strategies to combat these issues. Sara will also speak about the many benefits of working with new lawyers, the concept of reverse mentorship, and how they can add breadth to your practice.
Presented by Sara Scott, Esq., CEO, The Center for Legal Inclusiveness
2:30 pm – 2:50 pm
Networking Break
Connect with colleagues and expand your professional circle in our virtual lounge where you can join a table or couch via video for small-group or 1:1 conversations. Pop in for a few minutes or stay a while.
2:50 – 3:50 pm
Breakout Session F
Topic F1:
The Impact of Cannabis on Elder Law in Colorado
Cannabis attorney Rachael Ardanuy will present the current state and federal laws regarding cannabis and the cannabis-related issues facing seniors, their fiduciaries, and others involved in estate planning, conservatorships, guardianships, and probate.
Presented by Rachael Z. Ardanuy, Esq., RZA Legal, P.C.
Topic F2:
APS 201: Substantiated Findings of Mistreatment in the CAPS System and Potential Impacts in Guardianship and Conservatorship Proceedings
Learn about the Department of Human Services’ regulations for the Colorado Adult Protective Services (CAPS) system, the significance of receiving a Notice of Substantiated Finding of Mistreatment of an At-Risk Adult from differing perspectives, and various strategies to navigate the investigation phase and the appeals process. We will also address new CAPS legislation and regulations that may impact guardians, conservators, lay caregivers and other elder law clients.
Presented by Lindsay Andrew, Esq., Steenrod, Schwartz, McMinimee, LLP, Kathy L. Seidel, Esq., JAMS, Andrew White, Esq., Director of Legislative Relations for the Colorado Bar Association, and Kris A. Zumalt, Esq., Zumalt Law LLC
3:50 – 4:00 pm
Stretch Break
4:00– 5:00 pm
Case Law Update IV: Theatrically Masked and Socially Distanced Up-Dating
A long time ago, in a jurisdiction far, far away…Episode IV. It is a period of common law. The Matrimonial Jedi, striking masked from a socially distant appellate podium, have pursued three cases against the evil Emperor Licensure and his malevolent pupil, Darth Validate. Our story continues with the Rebellion of the Colorado Matrimonial Jedi against the Galactic Empire of the 40 States that Outlaw Common Law Marriage.
Presented by Spencer J. Crona, Esq., Brown & Crona, LLC, and Kayla Nelson, Esq., Sigler Law Offices, LLC
5:00 pm
Adjourn
5:15 – 6:30 pm
Wine Tasting
Join us in the networking lounge to reconnect with colleagues and expand your professional circle in small groups or 1:1 via video. We will also be treated with a wine tasting led by Denver’s Blanchard Family Wines.
Be sure to sign up ahead of time, and upload your photo, contact info and socials to maximize your networking.
And check out our Digital Swag Bag! The first 150 people to RSVP will have wine delivered to their door!
Registration Fees
| Non Member | $459.00 |
| CBA Member | $345.00 |
| CBA YLD Member | $345.00 |
| CBA Elder Law Section Member | $276.00 |
| CBA Trust & Estate Law Section Member | $276.00 |
| Wyoming Bar Member | $276.00 |
| CLE BASIC Pass Holder | $229.00 |
| ELITE Pass Holder | $173.00 |
| New Lawyer Edge Partner | $172.50 |
| Paralegal/Support Staff | $172.50 |
| Active Military | $172.50 |
| Student Currently Enrolled in Law School | $99.00 |
| Exhibitor Staff Member | $0.00 |
| Exhibitor Staff Non Member | $0.00 |
- General Credits: 16.00
- Ethics Credits: 1.60
- EDI Credits:
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