28th Annual Advanced Elder Law Update 2019 (On Demand Seminar)

MCLE Credits: 6.0
Ethics Credits Included: 1.0

MCLE Credit: 6.0 (Ethics: 1.0)
Live-Interactive Credit: 0.0
GAL for Incapacitated
Persons CE Credit
6.0 (GAL Information)
Designation Credit: 3.0 Trusts and Estates Practice, 1.0 Ethics (Designations Information)
Price: $309 (Includes a downloadable audio version.)
Viewable Through: 9/30/2022


A pre-recorded streaming VIDEO replay of the September 2019 live seminar, 28th Annual Advanced Elder Law Update.

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.

Topics covered include:

  • Updates on new cases, legislation, and regulations
  • Changes in Medicaid
  • What’s new with VA claims and appeals
  • Strategies for special needs trusts and ABLE accounts
  • Surrogate medical consent in Virginia
  • Ethics—Evaluate your responsibility to your clients
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Elder Law Updates
R. Shawn Majette

Cases, statutes, regulations … keep up to date!

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?

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.

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.

Surrogate Medical Consent in Virginia: May I Help the Ant? May I Save the Grasshopper?
Robert W. Lesniak, Carolyn A. White

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.
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.



Harold H. Barton, Jr., Mulkey, Forbes, Reid & Barton, PLC / Newport News
Elizabeth L. Gray, McCandlish Lillard / Fairfax
Robert W. Lesniak, General District Court / Richmond
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

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