28th Annual Advanced Elder Law Update Seminar 2019

MCLE Credits: 6.0
Ethics Credits Included: 1.0

Live on Site: Thursday, September 12 / Richmond (Glen Allen) (SOLD OUT)
Registration: 8:30 a.m.
Program: 9:00 a.m. - 4:15 p.m.
MCLE Credit: 6.0 (Ethics: 1.0)
Live-Interactive Credit: 6.0 Live Interactive MCLE Credit Symbol
GAL for Incapacitated
Persons CE Credit
6.0 (GAL Information)
Video on Site Options


Why Attend?

  • Keep up to date on the new cases, legislation, and regulations
  • Explore the changes in Medicaid
  • Discover what’s new with VA claims and appeals
  • Learn strategies for special needs trusts and ABLE accounts
  • Understand the who, what, when, where, and why regarding surrogate medical consent in Virginia
  • Ethics—Evaluate your responsibility to your clients

The September 12 Live on Site seminar in Richmond has sold out. Please email Kathleen Wood at kwood@vacle.org if you would like to be added to a waiting list. There is still room in the video replays throughout the state in October.

Cosponsored with the Virginia Academy of Elder Law Attorneys (VAELA)

This annual seminar tracks the practice of elder law to help you thrive in a constantly changing world. Keep up to date on the new cases, legislation, and regulations, while also exploring new and perennial topics vital to the elder law attorney. The topics are covered by well-respected attorneys in the elder law field who can guide you through the current challenges as well as those you are likely to face down the road.

Ways to Save

Can't Attend?
Attend one of the 7 video replays offered statewide in October.
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.



8:30 Registration
9:00 Elder Law Updates
R. Shawn Majette

Cases, statutes, regulations … keep up to date!

10:00 Break
10:10 The Expansion of Medicaid in Virginia Under the Affordable Care Act and Long-Term Care: What We Know Since Implementation
Edward E. Zetlin

We will look at specific Medicaid manual sections and see how they accommodate expansion into the Medicaid program we have come to understand.  How do we plan for this new category of coverage particularly as it relates to long-term care?

11:10 Break
11:15 What’s New with VA Claims and Appeals
Harold H. Barton, Jr., Christopher M. McCarthy

The benefits available to elder and disabled clients from the Department of Veterans Affairs (VA) serve as useful tool in the elder law attorney's tool box. On October 18, 2018, the VA implemented major changes in the Pension Benefit Program. The VA published Final Rule substantially changes VA disability pension eligibility rules. Additionally in February 2019, the VA completely overhauled the claim appeal system. These changes and other recent procedure changes need to be integrated into our practices to ensure our clients receive the maximum benefit available.

12:15 Lunch (provided at live program only)
1:00 Advanced Special Needs Trusts and ABLE Accounts
Elizabeth L. Gray

This session will aid practitioners already familiar with special needs trusts, Achieving a Better Life Experience (ABLE) Act 529 accounts, and disability laws in assisting their clients in navigating the constantly changing area of practice in order to help clients without disturbing necessary benefits. The session will include the most current public benefit rules and tax laws.

2:00 Break
2:10 Surrogate Medical Consent in Virginia: May I Help the Ant? May I Save the Grasshopper?
Carolyn A. White, Melissa D’Amico

Providing medical consent for persons who have become incapable of giving their own consent is never easy, and it isn’t always as simple as it appears on paper. We will discuss the who, what, when, where, and why of making health care decisions for persons who are incapable of giving informed consent, whether the decision is the treatment of a hangnail or the enforcement of a Do Not Resuscitate Order. We will look at these issues from the standpoint of the scrivener, of the decision maker, and of the health care provider, and identify ways to minimize conflict between the decision maker and the health care provider to ensure that the patient’s wishes are implemented.
3:10 Break
3:15 Ethical Obligations When Dealing with a Client with Diminished Capacity
Neal L. Walters

This session will cover the basic decisional and rule-based guidance on a lawyer’s obligation when dealing with a client with diminished capacity. It will also consider more complex areas, such as what advice a lawyer can give regarding alternatives to guardianship for an incapacitated person (for example, can an attorney prepare a power of attorney for an incapacitated person?) and how much assistance an attorney can provide to a client who has been found to be incapacitated but to also retain testamentary capacity.

4:15 Adjourn



Harold H. Barton, Jr., Mulkey, Forbes, Reid & Barton, PLC / Newport News
Melissa D'Amico, VCU Health System / Richmond
Elizabeth L. Gray, McCandlish Lillard / Fairfax
R. Shawn Majette, ThompsonMcMullan, PC / Richmond
Christopher M. McCarthy, ThompsonMcMullan / Midlothian
Neal L. Walters, Scott Kroner, PLC / Charlottesville
Carolyn A. White, ThompsonMcMullan, PC / Midlothian
Edward E. Zetlin, Edward Zetlin Law / Arlington


Robert W. Haley, The Estate & Elder Law Center of Southside Virginia / Danville

Locations, Dates and Fees

(All registrants will receive access to a complete set of downloadable e-book seminar materials.)

$289* regular registration (without printed materials).
$319 regular registration plus printed materials.
$269* discounted registration for preregistering VAELA members (without printed materials).
$299 discounted registration plus printed materials for preregistering VAELA members.
$339 on-site registration (if space is available) (printed materials included).

*Available until 3 business days before the program


RICHMOND (Glen Allen) / Thursday, September 12
The Place at Innsbrook (Venue Website / Google Map)
4036-C Cox Road
(804) 346-2100

Click here if you wish to register three or more people from the same firm.
A special 15% discount and free shipping on Virginia CLE®–published books will be available for purchases made at the seminar site.

Lower Registration Fee and Greater Functionality with Downloadable E-Book Seminar Materials

ALL seminar registrants will receive access to a complete set of downloadable e-book seminar materials. E-book materials are searchable, easily accessible, and efficient to use.

When registering, please be sure to provide a legible, valid e-mail address to which Virginia CLE® can send a link to the e-book materials.

Registrants who elect a registration option that includes downloadable e-book seminar materials only and not the printed materials will receive, at the seminar, a short, printed seminar outline with space to take notes.

Printed Materials: You still have the option of receiving a complete set of printed materials for a higher registration fee. Registrants who choose this option will receive printed materials at the program.


To receive access to the downloadable e-book materials BEFORE the seminar AND register for the lower fee, your registration must be received no later than 5:00 p.m. three business days before the seminar. A link to the downloadable e-book materials will be e-mailed to you two business days before the seminar. Once you download the materials, you can review them and print the portions you want to bring with you to the seminar.

After 5:00 p.m. THREE BUSINESS DAYS BEFORE the seminar, only the registration options that include printed materials will be available.

Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar.  You will, however, be charged $90 for the materials if you cancel your registration for the seminar, or transfer registration to a different seminar, after the link to the materials has been e-mailed by Virginia CLE®.

If you have a disability that requires special accommodation, please contact Virginia CLE® well in advance of the program date.

Private recording of this program is prohibited.

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