1st Annual Elder Law Retreat CLE

1st Annual Elder Law Retreat

October 2009

1st Annual Elder Law Retreat

Topics to be Covered:

- The State of Elder Law - Today and Tomorrow

- Selected Income Tax Issues for the Elder Law and Special Needs Law Practitioner

- Select Issues in Advanced Medicaid Planning

- In re Sorenson and Rule of Professional Conduct 1.14 - The Tension between You and Your Diminished Capacity Client

- Powers of Attorney from the Perspective of An Elder Law Attorney

- When Should Pooled Trusts Be Utilized

- Litigating Contested Guardianships and Conservatorships

- Veterans Benefits and Planning

Program Description:

Dear Colleague,

You're Invited!

You are cordially invited to attend the First Annual Elder Law Retreat being held this October 1-3, 2009 at the GREAT DIVIDE LODGE in Breckenridge, Colorado! Please take a few moments to look through the agenda, topics, faculty, and registration information.

This intermediate to advanced-level program is co-sponsored by the CBA Elder Law Section, The Colorado Chapter of NAELA and CBA-CLE. The program consists of two plenary sessions and four topic-specific classes.

PLEASE NOTE: CBA-CLE is GREEN! This year's course materials will be provided on CD-ROM as a PDF for all attendees.

IF YOU DO NOT SELECT A FORMAT, THE DEFAULT FORMAT YOU RECEIVE AT THE RETREAT WILL BE CD-ROM.

Agenda:

Thursday, October 1, 2009

6:00 - 7:30 pm

Welcome Reception for Registrants and their Guests

Friday, October 2, 2009

7:30 am

Registration Open

7:30 - 8:45 am

Buffet Breakfast

8:00 am

Welcome and Introductions

Gary Abrams, CBA-CLE Executive Director

Marco Chayet, CBA Elder Law Section Chair

Tammy Conover, Program Co-Chair

Tom Rodriguez, Program Co-Chair

Catherine Seal, Program Co-Chair

8:15 - 9:45 am

Keynote Address: The State of Elder Law - Today and Tomorrow

- How has Elder Law evolved in the last 20 years?

- Why is it so hard to define?

- What might Elder Law look like in the decades to come?

Presented by Charles Sabatino, Assistant Director of the ABA commission on Law & Aging

9:45 am

Adjourn to Breakout Sessions

10:00 - 10:50 am

Breakout Session A - Select One

Topic 1: Selected Income Tax Issues for the Elder Law and Special Needs Law Practitioner

- Supporting a Parent

- Medical Expense Deduction

- Taxation of Social Security Benefits

- Selling a Principal Residence

- Are you ready for the new carryover basis rules?

- Qualified Disability Trust Rules

- How to Designate a SNT as the Beneficiary of an IRA

Presented by Bradley Frigon, Law Offices of Bradley J. Frigon, Englewood, CO

Topic 2: Select Issues in Advanced Medicaid Planning

- Planning with Annuities

- Planning with Trusts

- Avoiding Estate Recovery - Preserving the Family Home

Presented by John Campbell, Law Offices of John J. Campbell, P.C., Denver, CO

Topic 3: In re Sorenson and Rule of Professional Conduct 1.14 - The Tension between You and Your Diminished Capacity Client

- Duties of a Lawyer Under Rule 1.14.

- Analysis of the Decision of the Colorado Court of Appeals in In re Sorenson, 166 P.3d 254 (Colo. App. 2007).

- Exception to the Rule that a Lawyer Speaks for the Client?

- Distinguished on its Facts?

- What's a Lawyer to Do?

Presented by Bernard Poskus, Poskus Caton & Klein, P.C., Denver, CO

10:50 - 11:10 am

Networking/Refreshment Break

11:10 am - 12:00 pm

Breakout Session B - Select One

Topic 1: Selected Income Tax Issues for the Elder Law and Special Needs Law Practitioner

- Supporting a Parent

- Medical Expense Deduction

- Taxation of Social Security Benefits

- Selling a Principal Residence

- Are you ready for the new carryover basis rules?

- Qualified Disability Trust Rules

- How to Designate a SNT as the Beneficiary of an IRA

Presented by Bradley Frigon, Law Offices of Bradley J. Frigon, Englewood, CO

Topic 2: Select Issues in Advanced Medicaid Planning

- Planning with Annuities

- Planning with Trusts

- Avoiding Estate Recovery - Preserving the Family Home

Presented by John Campbell, Law Offices of John J. Campbell, P.C., Denver, CO

Topic 3: In re Sorenson and Rule of Professional Conduct 1.14 - The Tension between You and Your Diminished Capacity Client

- Duties of a Lawyer Under Rule 1.14.

- Analysis of the Decision of the Colorado Court of Appeals in In re Sorenson, 166 P.3d 254 (Colo. App. 2007).

- Exception to the Rule that a Lawyer Speaks for the Client?

- Distinguished on its Facts?

- What's a Lawyer to Do?

Presented by Bernard Poskus, Poskus Caton & Klein, P.C., Denver, CO

12:00 pm
Adjourn - Enjoy Breckenridge

5:00 - 6:30 pm

Wine Tasting Reception

Saturday, October 3, 2009

7:30 am

Registration Open

7:30 - 8:45 am

Buffet Breakfast

8:00 - 9:30 am

Plenary Session: Powers of Attorney from the Perspective of an Elder Law Attorney

- Powers of Attorney - significant utility for clients, but favorite tool for financial exploitation

- Range of options available for assistance with financial transactions

- How to use the Power of Attorney under the new statute

- Take advantage of protections now available under Uniform Power of Attorney Act and the Fiduciary Toolbox.

Presented by Catherine Seal, Kirtland & Seal, LLC, Colorado Springs, CO

9:30 am

Adjourn to Breakout Sessions

9:45 - 10:45 am

Breakout Session C - Select One

Topic 1: When Should Pooled Trusts Be Utilized?

- What is a Pooled Trust

- When is it appropriate to use a Pooled Trust

- Restrictions on the use of a Pooled Trust

- How Pooled Trusts are operated and managed

-Special rules for the use of Pooled Trust by Elders (over age 65)

Presented by Eric Solem, Solem, Mack & Steinhoff, P.C., Englewood, CO

Topic 2: Litigating Contested Guardianships and Conservatorships

- The "Protection-Evaluation" Conundrum

- Nominee Priority and Suitability

- Experience Litigation under the new Uniform Guardianship and Protective Proceedings Jurisdiction Act (enacted effective May 14, 2008)

- Reporting and Termination Issues

Presented by Spencer Crona, Wade Ash Woods Hill & Farley, P.C., Denver, CO

Topic 3: Veterans Benefits and Planning

- Benefit Programs Available for the Elderly and Disabled

- Qualification Criteria and Processes

- Rules and Regulations for Representative Payee for Veteran's Benefits

Presented by Renee Pace, Colorado Division of Veterans Affairs

10:45 - 11:00 am

Networking/Refreshment Break

Change Breakout Session

11:00 - 12:00 pm

Breakout Session D - Select One

Topic 1: When Should Pooled Trusts Be Utilized?

- What is a Pooled Trust

- When is it appropriate to use a Pooled Trust

- Restrictions on the use of a Pooled Trust

- How Pooled Trusts are operated and managed

- Special rules for the use of Pooled Trust by Elders (over age 65)

Presented by Eric Solem, Solem, Mack & Steinhoff, P.C., Englewood, CO

Topic 2: Litigating Contested Guardianships and Conservatorships

- The "Protection-Evaluation" Conundrum

- Nominee Priority and Suitability

- Experience Litigation under the new Uniform Guardianship and Protective Proceedings Jurisdiction Act (enacted effective May 14, 2008)

- Reporting and Termination Issues

Presented by Spencer Crona, Wade Ash Woods Hill & Farley, P.C., Denver, CO

Topic 3: Veterans Benefits and Planning

- Benefit Programs Available for the Elderly and Disabled

- Qualification Criteria and Processes

- Rules and Regulations for Representative Payee for Veteran's Benefits

Presented by Renee Pace, Colorado Division of Veterans Affairs

12:00 pm
Adjourn - Thank you for your participation!

Planning Committee:

Marco Chayet, Esq.

CBA Elder Law Section Chair

Chayet & Danzo, LLC

Denver, CO

Tammy Conover, Esq.

Program Co-Chair

Glatstein & O'Brien LLP

Denver, CO

Tom Rodriguez, Esq.

Program Co-Chair

Vincent Romeo & Rodriguez, LLC

Louisville, CO

Catherine Seal, Esq.

Program Co-Chair

Kirtland & Seal, LLC

Colorado Springs, CO

Shari Caton, Esq.

Poskus Caton & Klein, P.C.

Denver, CO

Susie Germany, Esq.

Denver, CO

Rosemary Zapor, Esq.

Elder Mediation of Colorado, LLC

Denver, CO

Faculty:

John Campbell, Esq.

Law Offices of John J. Campbell, P.C.

Denver, CO

Spencer Crona, Esq.

Wade Ash Woods Hill & Farley, P.C.

Denver, CO

Bradley Frigon, Esq.

Law Offices of Bradley J. Frigon

Englewood, CO

Renee Pace

Colorado Division of Veterans Affairs

Denver, CO

Bernard Poskus, Esq.

Poskus Caton & Klein, P.C.

Denver, CO

Charles Sabatino, Esq.

ABA Commission on Law & Aging

Washington, D.C.

Catherine Seal, Esq.

Kirtland & Seal, LLC

Colorado Springs, CO

Eric Solem, Esq.

Solem, Mack & Steinhoff, P.C.

Englewood, CO

Hotel Information:

Special room rates for attendees of the ELDER LAW RETREAT!

DATES: October 1-3, 2009

ELDER LAW RETREAT HEADQUARTERS:

Great Divide Lodge

550 Village Road
Breckenridge, Colorado 80424

Join your colleagues for a weekend of networking at the Great Divide Lodge in Breckenridge, Colorado!

ROOM RESERVATIONS:

Room rates at the Great Divide Lodge begin at $99 for a standard hotel room. (Deluxe King rooms are available at $115++. Mountain View rooms are available at $135++.) In order to take advantage of this special pricing, please specify that you will be attending the Colorado Bar Association CLE ELDER LAW RETREAT.

To make reservations:

Please call the Great Divide Lodge at (888) 525-1787. Please refer to GROUP # BC8CB2.

Cut-off for room reservations is September 9, 2009 When reservation is made a deposit equal to the amount of the guest room rate, surcharge and tax is required. No shows, early departures and/or late arrivals will be charged the nightly rate for the entire reserved stay. Deposit is refundable if a reservation is cancelled 14 days prior to scheduled arrival. Individual cancellation within 14 days of arrival will result in forfeiture of deposit.