12th Annual Elder Law Short Course (2016 Program Materials)
- Credits: 0 General, 0 Diversity/Inclusion PR, 0 MH/SA PR, 0 Other PR
- Product ID: P9007-16M
Illinois Elder Law Legislative & Case Law Update 2016
Brian O’Connor, Ottosen Britz Kelly Cooper Gilbert & DiNolfo, Ltd., Elburn
The Intersection of Elder Law and Personal Injury
This session focuses on a variety of issues that arise for elder law attorneys whose clients have suffered injuries. Learn more about:
- Powers of attorney and limits on ability to sign an arbitration agreement
- What benefits are affected with personal injury lawsuits and what strategies can be used to keep them
- The intersection between personal injury and estates and trusts law
- How you can work with a personal injury attorney to provide comprehensive legal services to your clients
- Strategies to address poor nursing home care that doesn't rise to the level of filing a lawsuit
- Nursing Home Neglect Cases and The Medicare Set-Aside
Margaret P. Battersby Black, Levin & Perconti, Chicago
G. Grant Dixon, III, Dixon Law Office, La Grange
Preventing Elder Financial Exploitation with Estate Planning
This presentation offers an overview of specific drafting techniques for powers of attorney and trusts that maximize the protections of those documents by minimizing the ability of exploiters to change the documents or gain control of the client’s estate.
Darcy J. Chamberlin, Chamberlin Law Group, Oak Brook
Janna S. Dutton, Dutton & Casey PC, Chicago
The Illinois Adult Protective Services Act: When & How to Work with Adult Protective Services Agencies
The Adult Protective Services Act empowers elder abuse agencies with unique legal interventions to investigate the abuse, neglect and financial exploitation of vulnerable adults. Although these legal interventions are available only to authorized elder abuse agencies (and some other governmental offices), they frequently succeed in obtaining the information and documentation needed to pursue long term legal solutions to protect victims. Learn how attorneys and families can work with elder abuse agencies to pursue the causes of action available to everyone under the Probate Act, the Illinois Power of Attorney Act, and through Chancery Court and to protect loved ones from harm.
Susan Dawson-Tibbits, Johnson Bunce & Noble, PC, Peoria
Wendy S. Cappelletto, Office of the Public Guardian of Cook Co, Chicago
Rule 1.14: Impaired Clients
Capacity is an ongoing issue for elder law attorneys and their clients. Learn more about how to manage clients with diminished capacity, the potential for liability for the attorney, and actions that can be taken to minimize attorney liability and negative outcomes for the client.
James J. Grogan, ARDC, Chicago
Kerry Peck, Peck Ritchey, LLC, Chicago
Lowering Your Liability When Advising Clients’ Assets
A discussion about properly managing clients’ investment assets begins with a discussion about the Prudent Person Rule’s origin and its evolution to today, covering cases of guardianships and Special Needs Trusts. Additionally, we review available court processes useful to limiting fiduciary liability and important points covered in the Illinois Probate Act of 1975 and the Illinois Prudent Investor Rule of 1992. Attendees will learn how to reduce liability and increase efficiency when managing clients’ assets through, Investment Policy Statements, Documentation, Suitable Investments, Restricting Accounts, Reducing Bond Costs, Monitoring and Cost Analysis.
Benjamin Holland, Oppenheimer & Company, Inc., Chicago
Darryl Lynch, Oppenheimer & Company, Inc., Bellevue, WA
Kathryn G. Shores, Lesser Lutrey Pasquesi & Howe, LLP, Lake Forest
PUBLIC BENEFITS TRACK
VA Accreditation Course Part I
All 3 Parts Required for VA Credit
This one-hour session covers three of the seven specified subject matters required for either initial or continuing VA accreditation.
(1) Representation Before the VA
Provides a good description of what constitutes representation as well as the VA’s current position on what activities an attorney can receive compensation for providing.
(2) Basic Eligibility for VA
Learn how to properly assess a veteran’s potential for eligibility.
(3) Claims Procedures
Informs about how to file a VA claim and how that claim is processed by the VA.
Standing Up for the Challenging Client: How and When to Advocate for Those Whose Behaviors are “Difficult” and the Involuntary Discharge
Medical and neurological issues can produce problematic behaviors in seniors. Some will act out physically, refuse even basic levels of care and assistance, attempt escape or become completely delusional. Hospitals, nursing homes and assisted living communities will sometimes take measures to rid themselves of these challenging patients. It’s important for professional advocates to know the tricks facilities use to “bounce” problem patients and the remedies that can be introduced to keep the patient successfully placed, behaviors and all.
Shay Jacobson, RN, MA, NMG, LNCC, CNLCP
Linda M. Strohschein
VA Accreditation Course Part II
All 3 Parts Required for VA Credit
This one-hour session covers two of the seven specified subject matters required for either initial or continuing VA accreditation:
(4) Disability Compensation for Veterans
(5) Dependency and Indemnity Compensation for Survivors
The Intersection of Bankruptcy /Creditor Issues with Elder Law
What is an elder law attorney to do when dealing with clients who may also be facing potential Bankruptcy/Creditor issues? In addition to providing elder law attorneys with a basic overview of Bankruptcy/Creditor issues, this session will also analyze important issues for elder law attorneys to consider when these areas of law intersect. Some of the topics covered in this session will include:
Firas M. Abunada,
VA Accreditation Course Part III
All 3 Parts Required for VA Credit
This one-hour session covers the final two specified subject matters required for either initial or continuing VA accreditation:
(6) VA Pension Benefits
(7) Appeal Rights
Dawn M. Weekly
Representing Principals in Difficult Situations
Learn more about how to handle issues relating to:
Medicaid 101: Applications and Appeals
This session will cover the basics for Medicaid eligibility along with Medicaid planning options. It will include a review of a sample application for benefits along with practice tips and tricks. Lastly, we will discuss the appeal process in the event a denial or an unfavorable decision is received.
Ford C. June, III
Heather E. Voorn
Behavioral Disorders and the Elderly Client
This session will provide an overview of common mental health disorders diagnosed in older adults and their causes and symptoms. Discussion will include dementia, depression, anxiety, Alzheimer’s, late-life schizophrenia, and ADD. Also discussed will be treatment options for mental disorders and behavioral interventions.
Joseph T. Monahan
Dr. Steven Fox
Keeping the “Sweet” in Home Sweet Home: When Medicaid is Likely
This session reviews the long-term care Medicaid eligibility rules applicable to the applicant’s home including, but not limited to:
Charles G. Brown
Catherine E. Lenert &
Learn the latest on guardianships, including recent issues relating to:
Retirement Assets in Medicaid Planning
With the bulk of middle class wealth increasingly consolidated into retirement benefits, elder law practitioners are forced to confront confounding contradictions between tax and Medicaid planning. This presentation will summarize the basics of retirement benefits and highlight the tax issues specific to planning with retirement assets in an elder law context. Emphasis will be given to asset protection for Medicaid planning purposes.
Learn more about common issues law practitioners confront in their practice, including:
(1) the options and consequences of transferring retirement assets to maintain or achieve Medicaid eligibility
(2) the issues involved in funding special needs trusts with retirement benefits;
(3) the decision between naming a trust as a beneficiary of retirement benefits versus naming an individual; and
(4) advising the beneficiaries of inherited retirement benefits on whether and how to take an inherited retirement plan.
Kathryn C. Casey
How the Affordable Care Act of 2010 is Affecting Medicare and Medicaid
Over the last five years, the ideas and mandates included in the Affordable Care Act of 2010 have gradually been funded and implemented; many of which directly affect the Medicare and Medicaid programs. The panel will discuss some of the major impacts, especially at the state and local levels, including: the grants to states to better coordinate “dual eligible” beneficiaries; the way physicians can now bill for annual end of life discussions; grants to states for demonstration projects that allow more beneficiaries to receive long-term care services and supports in the community; the schism in many states between the pre-ACA long term care supports for the “Aged, Blind and Disabled” and the post-ACA voluntarily expanded Medicaid for medical care coverage for children, mothers, and others; a heightened level of transparency in nursing homes; and, the ACA impact on assisted suicide legislation.
Barry A. Kozak,
Matthew R. Margolis &
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