15th Annual Rocky Mountain Regional Elder Law Retreat Out of Stock
Colorado Bar Association Elder Law Section
This annual event offers up-to-date information and recent developments in Elder Law. At this three-day event, you’ll have plenty of time to catch up with old friends and make new connections. Stick around on Saturday afternoon for our second annual Women’s Retreat add-on event.
- Ethics presentation by nationally renowned speaker Bobbi Flowers
- Social opportunities to catch up with your colleagues
- Staples you need: ethics and EDI credits, case law update and the Elder Law Revue
Judicial Scholarships
The Colorado Judicial Institute has generously awarded funds to cover the program tuition for several attendees, and we aim to award scholarships to as many judicial districts as possible. Only one scholarship will be awarded per district. If a judicial officer or judicial staff is not able to attend, a scholarship may be used for a family court facilitator, and if the family court facilitator is not available, the scholarship may be used for an ODR mediator. Scholarships will be awarded to districts on a first come, first served basis, until the funds are depleted. To inquire about a CJI scholarship for your judicial district, please contact Susie McNulty at [email protected]
CBA-CLE will email webinar access information to registrants 24-48 hours before the program.
Home studies will be available approximately 2-3 weeks following the live program.
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. 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.
Cancellations: If you are unable to attend, please notify CBA-CLE by August 14, 2023, and we will gladly refund your tuition in full or apply your tuition to the webinar or home study. Cancellations after August 14, 2023, will be refunded less a $150 cancellation fee.
Hotel Information:
The Hythe Vail (formerly the Vail Marriot Mountain Resort)
715 W. Lionshead Circle, Vail, CO 81657
CBA-CLE has reserved a block of rooms for attendees. Room rates start at $189 plus applicable taxes and fees. Make your reservation online, or call the hotel – (970) 476-4444 – and mention that you are part of the CBA-CLE Elder Law Retreat Based on availability, rooms are being held at the conference rate until August 2, 2023.
Reservations will be accepted online at: https://book.passkey.com/e/50398420
All reservations will require a credit card guarantee, and a deposit equal to one night of lodging is due at time of booking. The balance is due at check-in. Reservations cancelled after August 2, 2023 will forfeit the deposit equal to one night’s room and tax. Resort fee excluded for guests in our room block, but complimentary internet will be provided in guests rooms. Guest may opt to purchase a discounted resort fee ($20/day) at check-in. Valet fee is $20/night per vehicle.
Thank you to our Sponsors!
Platinum
JAMS
True Link Financial
Gold
ANB Financial Services
Baysore & Christian Fiduciary Services
Guardian Real Estate Group
Members Trust Company
Members Trust Company
Silver
BOK Financial
ComForCare Home Care
Eide Bailly
ComForCare Home Care
Eide Bailly
Friends for Life
IT1 Services, LLC
Krause Financial
PIECES Inc.
SRS Capital Advisors
We Move Your Mom
WealthCounsel
Krause Financial
PIECES Inc.
SRS Capital Advisors
We Move Your Mom
WealthCounsel
Thursday, August 24, 2023
12:00 pm
Registration Opens
1:00 – 1:05 pm
Welcome and Opening Remarks
Extended by Kayla Nelson, Esq., Sigler & Nelson LLC, and Chelsea Ziegler, Esq., Wade Ash, LLC, Program Co-Chairs, and Susie McNulty, Esq., Program Attorney, CBA-CLE
1:05 – 2:20 pm
Navigating Transitions
Presented by Sarah Myers, Esq., LMFT, LAC, Colorado Lawyer Assistance Program
We have experienced significantly higher levels of distress the past few years due to rapid changes in our way of life and our sense of safety. When we experience sudden or chaotic changes, our nervous systems can activate a prolonged survival response that has comprehensive effects on our physical and mental health, including increasing both anxiety and depression. We will examine patterns and coping strategies for personal and professional transitions that can help us bounce-back more readily and improve our cognitive, physical, and emotional health. This presentation will also help you understand the neurobiology and neurophysiology of stress, why and how stress is contagious, and how to work with your own stress response to prevent or mitigate compassion fatigue and secondary trauma in high stress workplaces.
Submitted for 1.5 Ethics Credits
2:20 – 2:40 pm
Networking Break – visit our sponsors!
2:40 – 3:40 pm
BREAKOUT SESSIONS #1
Topic (A) – Access to Justice: Problems Your Clients Face at Home, In Your Office, and In Court
Presented by Michael Kirtland, JD, LLM, CELA, Kirtland & Seal LLC
This program will discuss common barriers persons with disabilities face, with an emphasis on law offices and in Colorado courts. It includes a discussion of the current state of law on disability access in the courts, including U S Supreme court decisions and the Colorado Chief Justice’s Directive on Access to Justice. The emphasis will be on how disabled persons are permitted access to justice in the Colorado Court system with examples of both modern and historic courthouses in Colorado.
Submitted for 1.2 EDI Credits
Topic (B) – Capacity Versus Competency to Stand Trial
Presented by Hon. Sarah Cure, District Court Judge, 8th Judicial District of Colorado
This presentation is aimed at giving the non-criminal lawyers a basic understanding of the standard and process of competency proceedings in criminal cases to better understand the impact in probate matter. It will highlight the differences between incapacity and incompetence as well as distinguish both from civil mental health certifications. The discussion will also include practical considerations for elder law attorneys who are faced with a party who has been deemed incompetent.
3:40 – 3:50 pm
Stretch Break
3:50 – 4:50 pm
Elder Law Revue
Skit No. 1 – “What It Looks Like to Act as A Fiduciary”
Starring Lisa Blattner, Esq., Blattner Law Firm, LLC, Michael Kirtland, Esq., Kirtland & Seal LLC, Catherine Seal, Esq., Kirtland & Seal LLC, Sarah Stein, Esq., SJS Law, LLC and Zoey Tanner, Esq., Leventhal Lewis Kuhn Taylor Swan PC
Skit No. 2 – “Wallets Out”
Starring Georgine Kryda, Ph.D., Esq., Amber Marchlowska, Esq., Sigler & Nelson LLC, Kayla Nelson, Esq., Sigler & Nelson LLC, and Sandra Sigler, Esq., Sigler & Nelson LLC
Well-known author and patriarch of a wealthy family unexpectedly dies after making drastic changes to his estate planning documents. After the police investigation concludes, family members convene with an attorney to discuss legal recourse.
Skit No. 3 – "Community Property Disposition at Death"
Starring Eric Apjoke, Esq., Pearman Law Firm, P.C., and Matt Perkins, Esq., Pearman Law Firm, P.C.
Submitted for .9 Ethics Credits
4:50 pm
Adjourn
4:50 – 6:30 pm
Welcome Reception
Sponsored by True Link Financial
Friday, August 25, 2023
8:00 – 8:55 am
Continental Breakfast
8:55 – 9:00 am
Welcome Back Remarks
Extended by Kayla Nelson, Esq., Sigler & Nelson LLC, and Chelsea Ziegler, Esq., Wade Ash, LLC, Program Co-Chairs, and Susie McNulty, Esq., Program Attorney, CBA-CLE
9:00 – 10:00 am
Avoiding Ethical Snowstorms When Representing Fiduciaries
Presented by Prof. Roberta (Bobbi) Flowers, Director of the Center for Excellence in Elder Law and Director of the LLM in Elder Law, Stetson University
This interactive presentation will explore the unique ethical issues lawyers face when they represent a fiduciary. The presentation will cover how to protect against ethical dilemmas by educating fiduciaries as to their obligations and duties. Additionally, we will discuss what the attorney should do when faced with fiduciary misconduct which can run the gambit from negligent actions to intentional misconduct.
Submitted for .8 Ethics Credit and .4 Professionalism Credit
10:00 – 11:00 am
National Guardianship Association Updates to Standards of Practice
Presented by Lisa Blattner, Esq., Blattner Law Firm, LLC
In light of the recommendations of the 4th National Guardianship Summit in May of 2021, and the advances in practices reflected in the new Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA), the National Guardianship board created a task force that met throughout 2022 to take a look at the existing Standards of Practice, which were last revised in 2013. The updated Standards of Practice were voted on approved at the annual meeting in October of 2022.
Submitted for .4 Ethics Credit
11:00 – 11:20 am
Networking Break
11:20 am – 12:20 pm
BREAKOUT SESSIONS #2
Topic (C) – Unprogram
Facilitated by Brooke Brestel, Esq., Brestel Bucar, Ltd., and Sarah Stein, Esq., SJS Law, LLC
The Unprogram is a collaborative discussion and open opportunity to solicit advice and practice pointers from your fellow practitioners. Planned areas of discussion will include: guardianship and conservative transfers, granny-napping and related jurisdictional issues, gun and pet trusts, and an open mic opportunity to ask questions you might have following any of the Retreat’s plenary sessions.
Not submitted for CLE Credit
Topic (D) – CEO with Diminished Capacity
Presented by James Taravella, Esq., Montgomery Little & Soran, PC
12:20 – 1:20 pm
BREAKOUT SESSIONS #3
Topic (E) – Conservator-created Wills
Presented by Tom Rodriguez, Esq., Lathrop GPM LLP, and Casey Breese, Esq., Lathrop GPM LLP
In light of the recent Colorado Court of Appeals decision In re Estate of Davies, conservator-created wills in Colorado are finally getting attention from appellate courts. This presentation will discuss the Davies ruling and best practices when a conservator-created change to an estate plan is justified. Additionally, conservatorships should not be about inheritance, but that issue is always lurking behind the scenes in parties’ motivations. For example, bringing protective proceedings often can result in a disinheritance or be used to influence estate planning changes. This presentation also will discuss how to advise clients in this tricky area that is not really part of protective proceedings, but always tend to come up.
Topic (F) – Intersection of Immigration and Elder Law
Presented by Catherine Chan, Esq., Chan Law Firm, P.C.
1:20 pm
Adjourn
Optional Outing: Golfing
Where: Vail Golf Club, 1775 Sunburst Dr., Vail, CO 81657
Cost: $163 per person
Fee Includes: Green fee, cart, range ball, bag handling fees, and lunch.
First come, first served. Tee times fill up quickly!
6:00 – 7:30 pm
Annual Wine Tasting
Sponsored by JAMS
Saturday, August 26, 2023
8:00 – 8:45 am
Continental Breakfast
8:45 – 9:00 am
Welcome Back and Remarks from CBA, DBA, and CBA-CLE Leadership
Extended by Hon. Nathaniel Baca, President, Colorado Bar Association, Nicoal Sperrazza, Esq., President, Denver Bar Association, and John Lee, Esq., Board President, CBA-CLE
9:00 – 10:00 am
Barriers to Competent Representation of Diverse and Underserved Populations and Strategies and Resources to Mitigate Bias
Panelists:
Kevin Homiak, Esq., Homiak Law LLC, Jerry James, Esq., The Law Firm of Hathaway & Kunz, LLP, Chuong Le, Esq., 3i Law
Moderated by Letitia (Letty) Maxfield, Esq., Wade Ash, LLC
Chuong Le, Kevin Homiak, and Jerry James each provide legal services to diverse and underserved populations. The panel will identify the all-too common, but often unacknowledged, barriers that they encounter in servicing the estate, care, and financial planning needs of diverse and underserved clients. Engaging with this panel will aid each of us as we strive to provide more competent representation and do our part to promote equal and equitable access to the legal system.
Submitted for 1.2 EDI Credits
10:00 – 10:20 am
Networking Break
10:20 – 11:20 am
Navigating a Complex Health Care System in the Post COVID Era
Presented by Lance McKinley, Esq., Solem Woodward & McKinley, P.C., and Eric Solem, Esq., Solem Woodward & McKinley, P.C.
This presentation will focus on the myriad of Medicaid programs available to disabled and low income persons and how to protect benefits from inheritances and personal injury settlements. Attendees should know some Medicaid basics as the emphasis will be on lesser known programs as well as various protection strategies including trusts, annuities, and other protection remedies.
11:20 am – 12:20 pm
Case Law Update
Presented by Scott Challinor, Esq., Conover Law, LLC, and Chelsea Ziegler, Esq., Wade Ash, LLC
The 2022 Case Law Update will explain and discuss recent case law in the past year (2022) that affects the practice of attorneys in elder law, trusts and estates.
12:20 – 12:25 pm
Closing Remarks and Adjourn
Optional: Women’s Retreat
Join us for our second annual Women’s Retreat! Elder Law attorneys, T&E attorneys, and those from other practice areas are all welcome. The Retreat will give you an opportunity to develop your network, start conversations, and find mentorship. Dress casually, and come ready to think, move, and connect.
1:20 -1:35 pm
Welcome Remarks
Extended by Susie Germany, Esq., The Germany Law Firm P.C., Women’s Retreat Chair, and Vanessa Shaw, The Business Growth Academy
1:35 – 2:25 pm
Stress Management, Mindfulness, and Meditation
Presented by Lindsey Carnick, Onward Psychological Services, LCSW, MSW, MA
2:25 – 3:15 pm
Financial Coaching
Presented by Julie Martinez, Edward Jones, Kevne Sharpe, CFP, ChSNC, AEP, Mariner Wealth Advisors, and Vanessa Shaw, The Business Growth Academy
3:15 – 3:40 pm
Networking Break
3:40 – 4:00 pm
Meal Prep and Planning
Presented by Brooke McManus, Longbridge Financial, LLC
4:00 – 4:30 pm
Wine Tasting
Presented by Sara Henry, Cherry Creek Fiduciary Services, LLC
4:30 – 6:00 pm
Women’s Retreat Reception
- Standard Price $779.00 USD
- Member Price $584.00 USD
- General Credits 15.00
- Ethics Credits 3.60
Thursday, August 24, 2023
12:00 pm
Registration Opens
1:00 – 1:05 pm
Welcome and Opening Remarks
Extended by Kayla Nelson, Esq., Sigler & Nelson LLC, and Chelsea Ziegler, Esq., Wade Ash, LLC, Program Co-Chairs, and Susie McNulty, Esq., Program Attorney, CBA-CLE
1:05 – 2:20 pm
Navigating Transitions
Presented by Sarah Myers, Esq., LMFT, LAC, Colorado Lawyer Assistance Program
We have experienced significantly higher levels of distress the past few years due to rapid changes in our way of life and our sense of safety. When we experience sudden or chaotic changes, our nervous systems can activate a prolonged survival response that has comprehensive effects on our physical and mental health, including increasing both anxiety and depression. We will examine patterns and coping strategies for personal and professional transitions that can help us bounce-back more readily and improve our cognitive, physical, and emotional health. This presentation will also help you understand the neurobiology and neurophysiology of stress, why and how stress is contagious, and how to work with your own stress response to prevent or mitigate compassion fatigue and secondary trauma in high stress workplaces.
Submitted for 1.5 Ethics Credits
2:20 – 2:40 pm
Networking Break – visit our sponsors!
2:40 – 3:40 pm
BREAKOUT SESSIONS #1
Topic (A) – Access to Justice: Problems Your Clients Face at Home, In Your Office, and In Court
Presented by Michael Kirtland, JD, LLM, CELA, Kirtland & Seal LLC
This program will discuss common barriers persons with disabilities face, with an emphasis on law offices and in Colorado courts. It includes a discussion of the current state of law on disability access in the courts, including U S Supreme court decisions and the Colorado Chief Justice’s Directive on Access to Justice. The emphasis will be on how disabled persons are permitted access to justice in the Colorado Court system with examples of both modern and historic courthouses in Colorado.
Submitted for 1.2 EDI Credits
Topic (B) – Capacity Versus Competency to Stand Trial
Presented by Hon. Sarah Cure, District Court Judge, 8th Judicial District of Colorado
This presentation is aimed at giving the non-criminal lawyers a basic understanding of the standard and process of competency proceedings in criminal cases to better understand the impact in probate matter. It will highlight the differences between incapacity and incompetence as well as distinguish both from civil mental health certifications. The discussion will also include practical considerations for elder law attorneys who are faced with a party who has been deemed incompetent.
3:40 – 3:50 pm
Stretch Break
3:50 – 4:50 pm
Elder Law Revue
Skit No. 1 – “What It Looks Like to Act as A Fiduciary”
Starring Lisa Blattner, Esq., Blattner Law Firm, LLC, Michael Kirtland, Esq., Kirtland & Seal LLC, Catherine Seal, Esq., Kirtland & Seal LLC, Sarah Stein, Esq., SJS Law, LLC and Zoey Tanner, Esq., Leventhal Lewis Kuhn Taylor Swan PC
Skit No. 2 – “Wallets Out”
Starring Georgine Kryda, Ph.D., Esq., Amber Marchlowska, Esq., Sigler & Nelson LLC, Kayla Nelson, Esq., Sigler & Nelson LLC, and Sandra Sigler, Esq., Sigler & Nelson LLC
Well-known author and patriarch of a wealthy family unexpectedly dies after making drastic changes to his estate planning documents. After the police investigation concludes, family members convene with an attorney to discuss legal recourse.
Skit No. 3 – "Community Property Disposition at Death"
Starring Eric Apjoke, Esq., Pearman Law Firm, P.C., and Matt Perkins, Esq., Pearman Law Firm, P.C.
Submitted for .9 Ethics Credits
4:50 pm
Adjourn
4:50 – 6:30 pm
Welcome Reception
Sponsored by True Link Financial
Friday, August 25, 2023
8:00 – 8:55 am
Continental Breakfast
8:55 – 9:00 am
Welcome Back Remarks
Extended by Kayla Nelson, Esq., Sigler & Nelson LLC, and Chelsea Ziegler, Esq., Wade Ash, LLC, Program Co-Chairs, and Susie McNulty, Esq., Program Attorney, CBA-CLE
9:00 – 10:00 am
Avoiding Ethical Snowstorms When Representing Fiduciaries
Presented by Prof. Roberta (Bobbi) Flowers, Director of the Center for Excellence in Elder Law and Director of the LLM in Elder Law, Stetson University
This interactive presentation will explore the unique ethical issues lawyers face when they represent a fiduciary. The presentation will cover how to protect against ethical dilemmas by educating fiduciaries as to their obligations and duties. Additionally, we will discuss what the attorney should do when faced with fiduciary misconduct which can run the gambit from negligent actions to intentional misconduct.
Submitted for .8 Ethics Credit and .4 Professionalism Credit
10:00 – 11:00 am
National Guardianship Association Updates to Standards of Practice
Presented by Lisa Blattner, Esq., Blattner Law Firm, LLC
In light of the recommendations of the 4th National Guardianship Summit in May of 2021, and the advances in practices reflected in the new Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA), the National Guardianship board created a task force that met throughout 2022 to take a look at the existing Standards of Practice, which were last revised in 2013. The updated Standards of Practice were voted on approved at the annual meeting in October of 2022.
Submitted for .4 Ethics Credit
11:00 – 11:20 am
Networking Break
11:20 am – 12:20 pm
BREAKOUT SESSIONS #2
Topic (C) – Unprogram
Facilitated by Brooke Brestel, Esq., Brestel Bucar, Ltd., and Sarah Stein, Esq., SJS Law, LLC
The Unprogram is a collaborative discussion and open opportunity to solicit advice and practice pointers from your fellow practitioners. Planned areas of discussion will include: guardianship and conservative transfers, granny-napping and related jurisdictional issues, gun and pet trusts, and an open mic opportunity to ask questions you might have following any of the Retreat’s plenary sessions.
Not submitted for CLE Credit
Topic (D) – CEO with Diminished Capacity
Presented by James Taravella, Esq., Montgomery Little & Soran, PC
12:20 – 1:20 pm
BREAKOUT SESSIONS #3
Topic (E) – Conservator-created Wills
Presented by Tom Rodriguez, Esq., Lathrop GPM LLP, and Casey Breese, Esq., Lathrop GPM LLP
In light of the recent Colorado Court of Appeals decision In re Estate of Davies, conservator-created wills in Colorado are finally getting attention from appellate courts. This presentation will discuss the Davies ruling and best practices when a conservator-created change to an estate plan is justified. Additionally, conservatorships should not be about inheritance, but that issue is always lurking behind the scenes in parties’ motivations. For example, bringing protective proceedings often can result in a disinheritance or be used to influence estate planning changes. This presentation also will discuss how to advise clients in this tricky area that is not really part of protective proceedings, but always tend to come up.
Topic (F) – Intersection of Immigration and Elder Law
Presented by Catherine Chan, Esq., Chan Law Firm, P.C.
1:20 pm
Adjourn
Optional Outing: Golfing
Where: Vail Golf Club, 1775 Sunburst Dr., Vail, CO 81657
Cost: $163 per person
Fee Includes: Green fee, cart, range ball, bag handling fees, and lunch.
First come, first served. Tee times fill up quickly!
6:00 – 7:30 pm
Annual Wine Tasting
Sponsored by JAMS
Saturday, August 26, 2023
8:00 – 8:45 am
Continental Breakfast
8:45 – 9:00 am
Welcome Back and Remarks from CBA, DBA, and CBA-CLE Leadership
Extended by Hon. Nathaniel Baca, President, Colorado Bar Association, Nicoal Sperrazza, Esq., President, Denver Bar Association, and John Lee, Esq., Board President, CBA-CLE
9:00 – 10:00 am
Barriers to Competent Representation of Diverse and Underserved Populations and Strategies and Resources to Mitigate Bias
Panelists:
Kevin Homiak, Esq., Homiak Law LLC, Jerry James, Esq., The Law Firm of Hathaway & Kunz, LLP, Chuong Le, Esq., 3i Law
Moderated by Letitia (Letty) Maxfield, Esq., Wade Ash, LLC
Chuong Le, Kevin Homiak, and Jerry James each provide legal services to diverse and underserved populations. The panel will identify the all-too common, but often unacknowledged, barriers that they encounter in servicing the estate, care, and financial planning needs of diverse and underserved clients. Engaging with this panel will aid each of us as we strive to provide more competent representation and do our part to promote equal and equitable access to the legal system.
Submitted for 1.2 EDI Credits
10:00 – 10:20 am
Networking Break
10:20 – 11:20 am
Navigating a Complex Health Care System in the Post COVID Era
Presented by Lance McKinley, Esq., Solem Woodward & McKinley, P.C., and Eric Solem, Esq., Solem Woodward & McKinley, P.C.
This presentation will focus on the myriad of Medicaid programs available to disabled and low income persons and how to protect benefits from inheritances and personal injury settlements. Attendees should know some Medicaid basics as the emphasis will be on lesser known programs as well as various protection strategies including trusts, annuities, and other protection remedies.
11:20 am – 12:20 pm
Case Law Update
Presented by Scott Challinor, Esq., Conover Law, LLC, and Chelsea Ziegler, Esq., Wade Ash, LLC
The 2022 Case Law Update will explain and discuss recent case law in the past year (2022) that affects the practice of attorneys in elder law, trusts and estates.
12:20 – 12:25 pm
Closing Remarks and Adjourn
Optional: Women’s Retreat
Join us for our second annual Women’s Retreat! Elder Law attorneys, T&E attorneys, and those from other practice areas are all welcome. The Retreat will give you an opportunity to develop your network, start conversations, and find mentorship. Dress casually, and come ready to think, move, and connect.
1:20 -1:35 pm
Welcome Remarks
Extended by Susie Germany, Esq., The Germany Law Firm P.C., Women’s Retreat Chair, and Vanessa Shaw, The Business Growth Academy
1:35 – 2:25 pm
Stress Management, Mindfulness, and Meditation
Presented by Lindsey Carnick, Onward Psychological Services, LCSW, MSW, MA
2:25 – 3:15 pm
Financial Coaching
Presented by Julie Martinez, Edward Jones, Kevne Sharpe, CFP, ChSNC, AEP, Mariner Wealth Advisors, and Vanessa Shaw, The Business Growth Academy
3:15 – 3:40 pm
Networking Break
3:40 – 4:00 pm
Meal Prep and Planning
Presented by Brooke McManus, Longbridge Financial, LLC
4:00 – 4:30 pm
Wine Tasting
Presented by Sara Henry, Cherry Creek Fiduciary Services, LLC
4:30 – 6:00 pm
Women’s Retreat Reception
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