The Who, What, When, and Why of Government Benefits: What Is Your Estate Plan Trying To Protect?

Drafting estate planning instruments for clients whose definition of family is one that is fluid and inclusive is more important than ever. Estate planning attorneys have traditionally been accustomed to drafting provisions that exclude family members but doing so without caution may invite a successful probate challenge or worse. In this interactive workshop participants will learn about: 1. Drafting for clients with chosen family, though their biological family members are alive, and no adoption ever took place 2. Designing provisions for Lawful Permanent Residents who have U.S. citizen children but who otherwise have primarily non-U.S. family. 3. Crafting provisions that address disproportionate gifting and that assist in avoiding probate and probate challenges

Join us for a discussion of options relating to surrogate decision making including, but not limited to, guardianship. This will include a brief discussion of the “basics”, followed by an in-depth look at non-routine issues (i.e., those issues that don’t often arise, but when they do you will be glad you attended this session!). As an unrelated topic, we will also explore the evolution of ABLE since its inception in 2014 and ideas on how to make the most of ABLE accounts for your clients.

What cases should commence in the Mental Health court vs. Guardianship, when should the matter convert from one to the other, should it ever be in both courts? This session will examine an overview of the Mental Health court process and when it’s appropriate. We will also discuss handling residential placements if a Ward is unwilling to leave their home.