29th Annual Advanced Elder Law Update 2020 (Online 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)
Price: $299 (Includes a downloadable audio version.)
Viewable Through: 09/30/2023

Information

A pre-recorded streaming AUDIO replay of the September 2020 webcast seminar, 29th 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 include:

  • 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
 
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Schedule

COURSE TOPICS

Elder Law Updates
R. Shawn Majette, Lindsay Pickral

Cases, statutes, regulations … keep up to date.

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?
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.

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?

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.

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.

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

Locations, Dates and Fees

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