Elder Law Basics (On Demand Seminar)

MCLE Credits: 6.0
Ethics Credits Included: 1.0

MCLE Credit:	6.0 (Ethics: 1.0)
Live-Interactive Credit:	0.0
Designation Credit:	6.0 Trusts and Estates, 1.0 Ethics (Designations Information)
GAL for Incapacitated Persons CE Credit:	6.0 (GAL Information)
Price:	$409 (Includes a downloadable audio version.)
Viewable Through:	01/31/2023

Information
Schedule
Faculty
Locations, Dates and Fees

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A pre-recorded streaming VIDEO replay from the March 2022 webcast, Elder Law Basics.

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 and their families 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 and their families.

Topics covered include:

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

BONUS: In addition, you will receive an electronic version of the Virginia Lawyers Practice Handbook Elder Law in Virginia (2021 edition).

Schedule

COURSE TOPICS

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

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

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

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

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

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

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.

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 needs. Both 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.