29th Annual Advanced Elder Law Update Seminar 2020

MCLE Credits: 6.0
Ethics Credits Included: 1.0

Thursday, September 10, 9:00 a.m. - 4:15 p.m. ET Live Webcast Live Telephone
MCLE Credit:	6.0 (Ethics: 1.0)
Live-Interactive Credit:	6.0 (all dates, all formats)
GAL for Incapacitated Persons CE Credit:	6.0 (GAL Information)
Registration Fee:	$299 regular registration $279 discounted registration for VAELA members

Information
Schedule
Faculty
Locations, Dates and Fees

Information

Why Attend?

Keep up to date on the new cases, legislation, and regulations
Understand how the SECURE Act affects your clients’ estate plans
Review the responsibilities of the elder law attorney when dealing with a client whose mental capacity is in question
Examine how and when Supported Decision-Making and guardianships may be used to grant individuals with special needs an autonomous life
Discover new planning techniques for ERISA-protected assets and income streams that can eliminate the need for gray divorce in long-term care planning contexts
Ethics—Examine the wisdom and practicality of taking on the role of fiduciary for an elder law client

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.

Discounts available for Virginia CLE webcast-telephone-live seminars

Registration Deadlines:
Webcast:	10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone:	Online registration ends at 11:59 p.m. the day preceding the seminar Call (800) 979-8253 to register up to one hour prior to the seminar

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

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

Inclement Weather Policy and Updates.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.

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.

Schedule

COURSE SCHEDULE (September 10) (Eastern Time)

9:00	Welcome
9:05	Elder Law Updates R. Shawn Majette, Lindsay Pickral Cases, statutes, regulations … keep up to date.
10:05	Break
10:10	How Does the SECURE Act Change Your Clients’ Estate Plans? Jennifer S. Rossettini For many of our clients, retirement plans make up a large percentage of their wealth and their legacies. Effective January 1, 2020, the SECURE Act drastically alters the tax implications of leaving these plans to our clients’ loved ones. How can we help our clients navigate the new rules and pass retirement plans to their beneficiaries in the most tax-efficient manner?
11:10	Break
11:15	The Elder Law Attorney and Mental Capacity Doris W. Gelbman Mental capacity, that is, sufficient decision-making or cognitive capacity, is a fundamental factor in the practice of Elder Law that you are likely to run into nearly every single day. Determination of capacity is tricky. Who makes the determination? What is the doctor’s role? The lawyer’s? What are some of tools we can apply, and when is it beyond the scope of our skills to do so? What is my responsibility to a client whose mental status is in decline? This session will provide answers to many of these questions and provide everything from the most basic principles related to mental capacity, to thoughts on some of the most complex situations we are likely to face as Elder Law attorneys.
12:15	Lunch Break
1:00	Working with Supported Decision-Making and Guardianships Elizabeth L. Gray Can we grant individuals with special needs an autonomous life with Supported Decision-Making and the protections of guardianships? What are the pros and cons? Can Supported Decision-Making and guardianships work together?
2:00	Break
2:10	Eliminating the Need for Gray Divorce in Long-Term Care Planning Contexts: QDROs, ERISA, and Married People Ari N. Sommer Counseling clients who have been married for 50 years that their best hope to protect assets from a nursing home is to divorce can be … touchy. For many married Virginians, though, the requirement to divorce may now be unnecessary due to new planning techniques for ERISA-protected assets and income streams.
3:10	Break
3:15	Ethics Neal L. Walters Many elder law clients, particularly older ones, may have a difficult time thinking of someone to serve as a fiduciary under a will, power of attorney, or advance medical directive, and will ask the drafting attorney to serve. Sometimes attorneys are appointed as guardian or conservator either for their clients or for others. Should an attorney take on the role of fiduciary? If an attorney does take on the role of fiduciary, what ethical obligations or pitfalls arise? Are your decisions acting as a fiduciary covered by your malpractice coverage? This session will discuss the wisdom and practicality of having an LEO 1515 letter in place with the client.
4:15	Adjourn

Q&A will be handled via chat room for Webcast attendees.
Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

FACULTY

Doris W. Gelbman, Gelbman Law PLLC / Charlottesville
Elizabeth L. Gray, McCandlish Lillard / Fairfax
R. Shawn Majette, ThompsonMcMullan PC / Richmond
Lindsay Pickral, ThompsonMcMullan PC / Richmond
Jennifer S. Rossettini, Hook Law Center / Virginia Beach
Ari N. Sommer, Harrison & Johnston, PLC / Winchester
Neal L. Walters, Scott Kroner, PLC / Charlottesville