Elder Law Basics

MCLE Credits: 6.0
Ethics Credits Included: 1.0

Thursday, March 18, 9:00 a.m. - 4:30 p.m. ET
  • Live Webcast
  • Live Telephone
Learn more about Virginia CLE webcast format
Learn more about Virginia CLE telephone format
MCLE Credit: 6.0 (Ethics: 1.0)
Live-Interactive Credit: 6.0 (all dates, all formats) Live Interactive MCLE Credit Symbol
GAL for Incapacitated
Persons CE Credit
:
6.0 (GAL Information)
Registration Fee:

$389 regular registration (includes Elder Law in Virginia
(2021 edition) e-book)
$299 discounted registration—already own Elder Law in
Virginia
(2021 edition) and don’t want the e-book version

Information

Topics Covered Include:

Expand or refresh your knowledge of this fast-growing field of advising the elderly.

Learn about:

  • Advising elderly and special needs clients
  • Planning for financial security
  • Medicaid and other government benefits
  • Planning for incapacity and special needs
  • Ethical issues in elder law
  • Long-term care issues and housing options

An Overview of the Most Rapidly Evolving Area of Legal Practice Today

Elder law practice might entail more than you think: The attorney plays a leading role in the resolution of a myriad of interwoven problems that elderly clients face, only one or a few of which may be legal problems. As your clients get older, you can expect to encounter legal issues in any number of different practice areas, including Medicaid eligibility planning, estate planning, conservatorships/guardianships, removal of fiduciaries, nursing home litigation, drafting or correction of deeds, premarital agreements, taxation, insurance policy matters, etc. In dealing with these legal issues, an elder law practitioner also needs to understand, among other things, the aging process, family dynamics, and the resources that are available to the elderly.

This program is geared to practitioners who want to expand or refresh their knowledge of the fast-growing field of advising the elderly.

BONUS! Get the must-have Virginia Lawyers Practice Handbook Elder Law in Virginia (2021 edition)—a $189 value—included in the regular seminar registration fee at a deep discount. (If you already own the 2021 edition of this handbook and do not want the e-book version, you may register at a discounted rate.)

 

Discounts available for Virginia CLE webcast-telephone-live seminars Follow link to learn about the Virginia CLE Online Bundle with savings up to 45% Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about discount for New Virginia Lawyers (first 3 years) Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

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 $189 for the Elder Law in Virginia handbook 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.

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.


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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 (March 18) (Eastern Time)

9:00 Introduction


Elder law has been described as providing legal services to a special range of clients, on a special range of legal issues, using a special range of resources and collaborators.  Examine the ranges of clients, issues, and resources that an elder law practice entails:

  • Unique aspects of elder law practice
  • Resources for elder law practitioners
9:30 Proactive Planning for Financial Security
  • The planning responsibility of the elder law attorney
    • Client profiles
    • Wealth accumulation strategies
    • Asset preservation options
  • Other financial resources available to clients
    • Government benefits
10:15 Break
10:25 Planning for Incapacity—How Much Is Enough?
  • Durable powers of attorney for financial matters
  • Advance medical directives/health care powers of attorney
  • Guardianship and conservatorship
  • Civil commitment
  • Dispute resolution
11:25 Break
11:30 Ethics


The impaired client poses numerous challenges, many of which raise ethical questions.  An overview of the pertinent Rules of Professional Responsibility will be followed by case studies used to promote a better understanding of the steps needed to protect both the client and the lawyer. Of particular importance in elder law are the issues of:

  • Handling clients with diminished capacity
  • Representing married couples and family members
12:30 Lunch Break
1:15 Elder Housing


We are a nation committed to “aging in place.”  But what happens when your client wants to downsize or needs both housing and care?  Here is a basic overview of elder housing options with an emphasis on the elderly maintaining maximum autonomy:

  • Retirement communities/continuing care contracts (including tax aspects)
  • Nursing homes and assisted living
  • In-home care
2:15 Break
2:25 Paying for Long-Term Care  
  • Paying for nursing home or at-home care
    • Long-term care insurance
    • Public benefits for nursing home payments
      • Medicare benefits
      • Medicaid benefits
  • Public benefits for assisted-living facility payments
    • Virginia State Supplement (the Auxiliary Grant)
  • Intro to Medicaid
3:25 Break
3:35 Introduction to Special Needs Trusts

Special Needs Trusts permit beneficiaries to maintain eligibility for needs-based government benefits, such as Medicaid and Supplemental Security Income (SSI), and permit beneficiaries to use the trust funds for goods and services not paid for by these programs.  Beneficiaries may be children or adults with disabilities or, in certain circumstances, elderly persons.
4:20 Closing Remarks
4:30 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

ABOUT THE SPEAKERS

Our chosen speakers are two of the brightest stars in the elder law field in Virginia.  Both concentrate on providing extensive services for the elderly in the areas of estate planning, estate administration, guardianships, fiduciary representation, asset-protection planning, and planning for special needsBoth are in high demand as lecturers on elder law and special needs planning.

Timothy K. Palmer, Timothy K. Palmer PC / Suffolk

As an attorney and a Certified Public Accountant, Tim Palmer has the academic background to address the most complicated legal and tax issues affecting the elderly.

Carolyn A. White, ThompsonMcMullan, PC / Midlothian

Carolyn White is a director in the Elder Law section at ThompsonMcMullan, PC; prior to merging the firms, she was a partner at White & McCarthy, LLP, from 2001 to 2018. Since she began practice in 1993, her practice has focused on estate planning, probate, trust administration, long-term care planning, and elder law.

Locations, Dates and Fees

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