Elder Law Basics (USB Seminar)

MCLE Credits: 6.0
Ethics Credits Included: 1.0

MCLE Credit: 6.0 (Ethics: 1.0; GAL Incap: 6.0)
Live-Interactive Credit: 0.0
Price: $340 - USB with electronic materials
$370 - USB plus printed materials (includes electronic materials)
Available Through: 3/31/2022

Information

A pre-recorded video replay of the March 2019 live seminar, Elder Law Basics.

GAL Continuing Credits: 6.0

Note:Your GAL certificate may be found at the front of your written materials.


Topics covered include:

  • Advising elderly and special needs clients
  • Planning for financial security
  • Medicaid and other government benefits
  • Planning for incapacity and special needs
  • Ethical issues in elder law
  • Long-term care issues and housing options

Elder law practice might entail more than you think: The attorney plays a leading role in the resolution of a myriad of interwoven problems that elderly clients face, only one or a few of which may be legal problems. As your clients get older, you can expect to encounter legal issues in any number of different practice areas, including Medicaid eligibility planning, estate planning, conservatorships/guardianships, removal of fiduciaries, nursing home litigation, drafting or correction of deeds, premarital agreements, taxation, insurance policy matters, etc. In dealing with these legal issues, an elder law practitioner also needs to understand, among other things, the aging process, family dynamics, and the resources that are available to the elderly.

Cosponsored with the Virginia Academy of Elder Law Attorneys (VAELA), this program is geared to practitioners who want to expand or refresh their knowledge of the fast-growing field of advising the elderly. This program also qualifies for 6 hours of continuing education for Guardians Ad Litem for Incapacitated Persons.

BONUS: In addition, you will receive the Virginia Lawyers Practice Handbook Elder Law in Virginia (2017 edition).

 

Schedule

COURSE TOPICS

Introduction


Elder law has been described as providing legal services to a special range of clients, on a special range of legal issues, using a special range of resources and collaborators. Examine the ranges of clients, issues, and resources that an elder law practice entails:

  • Unique aspects of elder law practice
  • Resources for elder law practitioners
Proactive Planning for Financial Security
  • The planning responsibility of the elder law attorney
    • Client profiles
    • Wealth accumulation strategies
    • Asset preservation options
  • Other financial resources available to clients
    • Government benefits
Planning for Incapacity — How Much Is Enough?
  • Durable powers of attorney for financial matters
  • Advance medical directives/health care powers of attorney
  • Guardianship and conservatorship
  • Civil commitment
  • Dispute resolution
Ethics


The impaired client poses numerous challenges, many of which raise ethical questions. An overview of the pertinent Rules of Professional Responsibility will be followed by case studies used to promote a better understanding of the steps needed to protect both the client and the lawyer. Of particular importance in elder law are the issues of:

  • Handling clients with diminished capacity
  • Representing married couples and family members
Elder Housing


We are a nation committed to “aging in place.” But what happens when your client wants to downsize or needs both housing and care?  Here is a basic overview of elder housing options with an emphasis on the elderly maintaining maximum autonomy:

  • Retirement communities/continuing care contracts (including tax aspects)
  • Nursing homes and assisted living
  • In-home care
Paying for Long-Term Care  
  • Paying for nursing home or at-home care
    • Long-term care insurance
    • Public benefits for nursing home payments
      • Medicare benefits
      • Medicaid benefits
  • Public benefits for assisted-living facility payments
    • Virginia State Supplement (the Auxiliary Grant)
  • Intro to Medicaid
Introduction to Special Needs Trusts

Special Needs Trusts permit beneficiaries to maintain eligibility for needs-based government benefits, such as Medicaid and Supplemental Security Income (SSI), and permit beneficiaries to use the trust funds for goods and services not paid for by these programs. Beneficiaries may be children or adults with disabilities or, in certain circumstances, elderly persons.

Faculty

FACULTY

Our chosen speakers are two of the brightest stars in the elder law field in Virginia.  Both concentrate on providing extensive services for the elderly in the areas of estate planning, estate administration, guardianships, fiduciary representation, asset-protection planning, and planning for special needsBoth are in high demand as lecturers on elder law and special needs planning.

Timothy K. Palmer, Timothy K. Palmer, P.C. / Suffolk

As an attorney and a Certified Public Accountant, Tim Palmer has the academic background to address the most complicated legal and tax issues affecting the elderly.

Carolyn A. White, ThompsonMcMullan, P.C. / Midlothian

Carolyn White is a director in the Elder Law section at ThompsonMcMullan, P.C.; prior to merging the firms, she was a partner at White & McCarthy, LLP, from 2001 to 2018. Since she began practice in 1993, her practice has focused on estate planning, probate, trust administration, long-term care planning, and elder law.

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