30th Annual Advanced Elder Law Update Seminar 2021

MCLE Credits: 6.0
Ethics Credits Included: 2.0

Thursday, September 9, 9:00 a.m. - 4:15 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: 2.0)
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 Fees:

$299 regular registration
$279 discounted registration for VAELA members

Information

Why Attend?

  • Keep up to date on the new cases, legislation, and regulations
  • Learn how to maximize benefits for adults with disabilities
  • Examine the ethical issues presented by powers of attorney and the appointment of guardians and conservators
  • Review what your client needs to know about a conservator’s fiduciary duties before he or she is appointed, and find out why a family member might not be the right choice
  • Obtain a brief overview of the Resource Assessment process with qualifying one spouse for Medicaid
  • Get a second hour of Ethics as you learn the ethical issues that arise when there are intra-family perspectives that affect representation

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 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 $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.

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 9) (Eastern Time)

9:00 Welcome
9:05 Elder Law Updates
Shawn Majette

This presentation will give an update on the cases and legislation that are of interest to Elder Law attorneys.            
10:05 Break
10:10 Maximizing Benefits for Adults with Disabilities
Ann Green, Elizabeth Gray, Sarah Aviles

Addressing working with Social Security benefits, Special Needs Trusts, and ABLE Accounts to enhance the quality of life for and adult with disabilities, this presentation will attempt to answer the following questions: What expenses can an SNT pay for and not reduce benefits?  What expenses can an ABLE account pay for and not reduce benefits? What is the relationship between both SNTs and ABLE Accounts?  What about Social Security benefits, like SSI, SSDI, and CDB (formerly DAC)?
11:10 Break
11:15 Ethical Issues Presented by Powers of Attorney and the Appointment of Guardians and Conservators
Ken Labowitz

Drafting powers of attorney and service as agent pursuant to a POA have obvious and hidden ethical issues for lawyers.  This discussion is intended to highlight the ethical issues to be considered in drafting a POA, such as identification of who the client is and who is not the client for the lawyer, with the obligations that flow toward each.  The lawyer acting as fiduciary is also a topic to be discussed, one that is fraught with pitfalls that should be considered before agreeing to serve as agent.
12:15 Lunch Break
1:00 Selecting the Best Conservator for an Incapacitated Adult
Melinda Dickerson Hetzel

This presentation by a Commissioner of Accounts will cover what your client needs to know about a conservator’s fiduciary duties before he or she is appointed and explain why a family member might not be the right choice.
2:00 Break
2:10 Protecting the Spouse in Long-Term Medicaid Planning
Karen Rowell


This presentation will provide a brief overview of the Resource Assessment process involved in qualifying one spouse for Medicaid.  We will discuss what types of assets are exempt from being considered as resources and how to maximize the value of the exempt assets, the community spouse’s retained income, and calculation of the Community Spouse Resource Allowance.

3:10 Break
3:15 Conflicts, Communication, and Capacity:  A Medley of Ethical Conundra
Kevin Rack


This session will explore the conflicts of interest that can arise in the elder law practice setting, where intra-family perspectives may blur the borders of representation.  The standards established in the Rules of Professional Conduct for communication with clients, as well as the obligations and limitations imposed upon counsel in the case of clients who are impaired or incapacitated, will be evaluated as solutions to common scenarios encountered in elder law practice.           

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

Sarah C. Aviles, McCandlish Lillard / Fairfax
Elizabeth L. Gray, McCandlish Lillard / Fairfax
Ann McGee Green, Anderson, Desimone & Green, PC / Roanoke
Melinda Dickerson Hetzel, Commissioner of Accounts, Loudoun County / Leesburg
Kenneth E. Labowitz, Dingman Labowitz, PC / Alexandria
R. Shawn Majette, ThompsonMcMullan, PC / Richmond
Kevin B. Rack, Rack Law / Virginia Beach
Karen L. Rowell, Clark & Bradshaw, PC / Harrisonburg

Locations, Dates and Fees

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