30th Annual Advanced Elder Law Update 2021 (Online Seminar)

MCLE Credits: 6.0
Ethics Credits Included: 2.0

MCLE Credit: 6.0 (Ethics: 2.0)
Live-Interactive Credit: 0.0
GAL for Incapacitated
Persons CE Credit
:
6.0 (GAL Information)
Designation Credit: 6.0 Trusts and Estates Practice, 2.0 Ethics
(Designations Information)
Price: $299 (Includes a downloadable audio version.)
Viewable Through: 08/31/2024

Information

A pre-recorded streaming VIDEO replay from the September 2021 webcast seminar, 30th Annual Advanced Elder Law Update.


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:

  • New cases, legislation, and regulations
  • Maximizing 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
  • 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
 
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Schedule

COURSE TOPICS

Elder Law Updates
Shawn Majette

This presentation giveS an update on the cases and legislation that are of interest to Elder Law attorneys.            
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)?
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 discussed, one that is fraught with pitfalls that should be considered before agreeing to serve as agent.
Selecting the Best Conservator for an Incapacitated Adult
Melinda Dickerson Hetzel

This presentation by a Commissioner of Accounts covers 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.
Protecting the Spouse in Long-Term Medicaid Planning
Karen Rowell


This presentation provides 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.

Conflicts, Communication, and Capacity:  A Medley of Ethical Conundra
Kevin Rack


This session explores 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, are evaluated as solutions to common scenarios encountered in elder law practice.           

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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  • Elder Law Updates (from Annual Advanced Elder Law Update 2021) (Online Seminar)

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