28th Annual Advanced Elder Law Update Seminar 2019

MCLE Credits: 6.0
Ethics Credits Included: 1.0

Video on Site: Monday, October 14 / Charlottesville, Tysons
  Tuesday, October 15 / Abingdon, Alexandria, Norfolk, Richmond, Roanoke
Registration: 8:30 a.m.
Program: 9:00 a.m. - 4:15 p.m.
MCLE Credit: 6.0 (Ethics: 1.0)
Live-Interactive Credit: 0.0
GAL for Incapacitated
Persons CE Credit
6.0 (GAL Information)
Live on Site: September 12 in Richmond (Glen Allen)


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

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.

2019 Video-on-Site Access Pass First-Year Coupons New Virginia Lawyers Government Employees Virginia Legal Aid Attorneys Group Rates

Can't Attend?
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 Recess
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, Robert W. Lesniak

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
Elizabeth L. Gray, McCandlish Lillard / Fairfax
Robert W. Lesniak, Attorney-at-Law / Henrico
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

VIDEO REGISTRATION FEES (Lunch not included)
(All registrants will receive access to a complete set of downloadable e-book seminar materials. Printed materials are not available for the video replays.)

$249 regular registration.
$229 discounted registration for preregistering VAELA members.
$269 on-site registration (if space is available).



Charlottesville: The Virginia CLE® Building, 105 Whitewood Road (800) 979-8253 (Venue Website / Google Map)
Tysons: Courtyard Marriott, 1960-A Chain Bridge Road (entrance to hotel on Greensboro Drive) (703) 790-0207 (Venue Website / Google Map)


Abingdon: Southwest Virginia Higher Education Center, on the campus of Virginia Highlands Community College (I-81 exit 14), 1 Partnership Circle  (276) 619-4300 (Venue Website / Google Map)
Alexandria: Courtyard Marriott Alexandria Old Town / Southwest, 2700 Eisenhower Avenue (703) 329-2323 (Venue Website / Google Map)
Norfolk: SpringHill Suites Norfolk—Virginia Beach, 6350 Newtown Road (757) 333-3100 (Venue Website / Google Map)
Richmond: UVA Richmond Regional Center, 2810 N. Parham Road, Suite 300, 3rd Floor (Parking available only in spots not marked “Visitor Parking”) (Venue Website / Google Map)
Roanoke: Roanoke Higher Education Center, 108 North Jefferson Street (Parking validated for parking deck adjacent to center only) (540) 767-6161 (Venue Website / Google Map) (Validated parking is available in the Gainsboro Garage only, which is on Center Avenue and adjacent to the RHEC.  Please bring the parking ticket that you receive at the gate to the Virginia CLE staff member for validation.)

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.

Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar. 

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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