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1st Annual Elder Law Retreat
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October 2009
 
1st Annual Elder Law Retreat
 
 
Topics to be Covered:
 
- The State of Elder Law - Today and Tomorrow
- Selected Income Tax Issues for the Elder Law and Special Needs Law Practitioner
- Select Issues in Advanced Medicaid Planning
- In re Sorenson and Rule of Professional Conduct 1.14 - The Tension between You and Your Diminished Capacity Client
- Powers of Attorney from the Perspective of An Elder Law Attorney
- When Should Pooled Trusts Be Utilized
- Litigating Contested Guardianships and Conservatorships
- Veterans Benefits and Planning
 
 
Program Description:
 
Dear Colleague,
 
You're Invited!
 
You are cordially invited to attend the First Annual Elder Law Retreat being held this October 1-3, 2009 at the GREAT DIVIDE LODGE in Breckenridge, Colorado!  Please take a few moments to look through the agenda, topics, faculty, and registration information.  
 
This intermediate to advanced-level program is co-sponsored by the CBA Elder Law Section, The Colorado Chapter of NAELA and CBA-CLE. The program consists of two plenary sessions and four topic-specific classes.
 
PLEASE NOTE:  CBA-CLE is GREEN!  This year's course materials will be provided on CD-ROM as a PDF for all attendees.
 
IF YOU DO NOT SELECT A FORMAT, THE DEFAULT FORMAT YOU RECEIVE AT THE RETREAT WILL BE CD-ROM.
 
 
Agenda:
 
Thursday, October 1, 2009
 
6:00 - 7:30 pm   
Welcome Reception for Registrants and their Guests
 
 
Friday, October 2, 2009
 
7:30 am
Registration Open
 
7:30 - 8:45 am
Buffet Breakfast
 
8:00 am
Welcome and Introductions
Gary Abrams, CBA-CLE Executive Director
Marco Chayet, CBA Elder Law Section Chair
Tammy Conover, Program Co-Chair
Tom Rodriguez, Program Co-Chair
Catherine Seal, Program Co-Chair
 
8:15 - 9:45 am
Keynote Address: The State of Elder Law - Today and Tomorrow
- How has Elder Law evolved in the last 20 years?
- Why is it so hard to define?
- What might Elder Law look like in the decades to come?
Presented by Charles Sabatino, Assistant Director of the ABA commission on Law & Aging
 
9:45 am
Adjourn to Breakout Sessions
 
10:00 - 10:50 am
Breakout Session A - Select One
 
Topic 1: Selected Income Tax Issues for the Elder Law and Special Needs Law Practitioner
- Supporting a Parent
- Medical Expense Deduction
- Taxation of Social Security Benefits
- Selling a Principal Residence
- Are you ready for the new carryover basis rules?
- Qualified Disability Trust Rules
- How to Designate a SNT as the Beneficiary of an IRA
Presented by Bradley Frigon, Law Offices of Bradley J. Frigon, Englewood, CO
 
Topic 2: Select Issues in Advanced Medicaid Planning
- Planning with Annuities
-  Planning with Trusts
-  Avoiding Estate Recovery - Preserving the Family Home
Presented by John Campbell, Law Offices of John J. Campbell, P.C., Denver, CO
 
Topic 3: In re Sorenson and Rule of Professional Conduct 1.14 - The Tension between You and Your Diminished Capacity Client
- Duties of a Lawyer Under Rule 1.14.
- Analysis of the Decision of the Colorado Court of Appeals in In re Sorenson, 166 P.3d 254 (Colo. App. 2007).
- Exception to the Rule that a Lawyer Speaks for the Client?
- Distinguished on its Facts?
- What's a Lawyer to Do?
Presented by Bernard Poskus, Poskus Caton & Klein, P.C., Denver, CO
 
10:50 - 11:10 am
Networking/Refreshment Break
 
11:10  am - 12:00 pm
Breakout Session B - Select One
 
Topic 1: Selected Income Tax Issues for the Elder Law and Special Needs Law Practitioner
- Supporting a Parent
- Medical Expense Deduction
- Taxation of Social Security Benefits
- Selling a Principal Residence
- Are you ready for the new carryover basis rules?
- Qualified Disability Trust Rules
- How to Designate a SNT as the Beneficiary of an IRA
Presented by Bradley Frigon, Law Offices of Bradley J. Frigon, Englewood, CO
 
Topic 2: Select Issues in Advanced Medicaid Planning
- Planning with Annuities
-  Planning with Trusts
-  Avoiding Estate Recovery - Preserving the Family Home
Presented by John Campbell, Law Offices of John J. Campbell, P.C., Denver, CO
 
Topic 3: In re Sorenson and Rule of Professional Conduct 1.14 - The Tension between You and Your Diminished Capacity Client
- Duties of a Lawyer Under Rule 1.14.
- Analysis of the Decision of the Colorado Court of Appeals in In re Sorenson, 166 P.3d 254 (Colo. App. 2007).
- Exception to the Rule that a Lawyer Speaks for the Client?
- Distinguished on its Facts?
- What's a Lawyer to Do?
Presented by Bernard Poskus, Poskus Caton & Klein, P.C., Denver, CO
 
12:00 pm
Adjourn - Enjoy Breckenridge
 
5:00 - 6:30 pm
Wine Tasting Reception
 
 
Saturday, October 3, 2009
 
7:30 am
Registration Open
 
7:30 - 8:45 am
Buffet Breakfast
 
8:00 - 9:30 am
Plenary Session: Powers of Attorney from the Perspective of an Elder Law Attorney
- Powers of Attorney - significant utility for clients, but favorite tool for financial exploitation
- Range of options available for assistance with financial transactions
- How to use the Power of Attorney under the new statute
- Take advantage of protections now available under Uniform Power of Attorney Act and the Fiduciary Toolbox.
Presented by Catherine Seal, Kirtland & Seal, LLC, Colorado Springs, CO
 
9:30 am
Adjourn to Breakout Sessions
 
9:45 - 10:45 am
Breakout Session C - Select One
 
Topic 1: When Should Pooled Trusts Be Utilized?
- What is a Pooled Trust
- When is it appropriate to use a Pooled Trust
- Restrictions on the use of a Pooled Trust
- How Pooled Trusts are operated and managed
-Special rules for the use of Pooled Trust by Elders (over age 65)
Presented by Eric Solem, Solem, Mack & Steinhoff, P.C., Englewood, CO
 
Topic 2: Litigating Contested Guardianships and Conservatorships
- The "Protection-Evaluation" Conundrum
- Nominee Priority and Suitability
- Experience Litigation under the new Uniform Guardianship and Protective Proceedings Jurisdiction Act (enacted effective May 14, 2008)
- Reporting and Termination Issues
Presented by Spencer Crona, Wade Ash Woods Hill & Farley, P.C., Denver, CO
 
Topic 3: Veterans Benefits and Planning
- Benefit Programs Available for the Elderly and Disabled
- Qualification Criteria and Processes
- Rules and Regulations for Representative Payee for Veteran's Benefits
Presented by Renee Pace, Colorado Division of Veterans Affairs
 
10:45 - 11:00 am
Networking/Refreshment Break
Change Breakout Session
 
11:00  - 12:00 pm
Breakout Session D - Select One
 
Topic 1: When Should Pooled Trusts Be Utilized?
- What is a Pooled Trust
- When is it appropriate to use a Pooled Trust
- Restrictions on the use of a Pooled Trust
- How Pooled Trusts are operated and managed
- Special rules for the use of Pooled Trust by Elders (over age 65)
Presented by Eric Solem, Solem, Mack & Steinhoff, P.C., Englewood, CO
 
Topic 2: Litigating Contested Guardianships and Conservatorships
- The "Protection-Evaluation" Conundrum
-  Nominee Priority and Suitability
- Experience Litigation under the new Uniform Guardianship and Protective   Proceedings Jurisdiction Act (enacted effective May 14, 2008)
- Reporting and Termination Issues
Presented by Spencer Crona, Wade Ash Woods Hill & Farley, P.C., Denver, CO
 
Topic 3: Veterans Benefits and Planning
- Benefit Programs Available for the Elderly and Disabled
- Qualification Criteria and Processes
- Rules and Regulations for Representative Payee for Veteran's Benefits
Presented by Renee Pace, Colorado Division of Veterans Affairs
 
12:00 pm
Adjourn - Thank you for your participation!
 
 
Planning Committee:
 
Marco Chayet, Esq.
CBA Elder Law Section Chair
Chayet & Danzo, LLC
Denver, CO
 
Tammy Conover, Esq.
Program Co-Chair
Glatstein & O'Brien LLP
Denver, CO
 
Tom Rodriguez, Esq.
Program Co-Chair
Vincent Romeo & Rodriguez, LLC
Louisville, CO
 
Catherine Seal, Esq.
Program Co-Chair
Kirtland & Seal, LLC
Colorado Springs, CO
 
Shari Caton, Esq.
Poskus Caton & Klein, P.C.
Denver, CO
 
Susie Germany, Esq.
Denver, CO
 
Rosemary Zapor, Esq.
Elder Mediation of Colorado, LLC
Denver, CO
 
 
Faculty:
 
John Campbell, Esq.
Law Offices of John J. Campbell, P.C.
Denver, CO
 
Spencer Crona, Esq.
Wade Ash Woods Hill & Farley, P.C.
Denver, CO
 
Bradley Frigon, Esq.
Law Offices of Bradley J. Frigon
Englewood, CO
 
Renee Pace
Colorado Division of Veterans Affairs
Denver, CO
 
Bernard Poskus, Esq.
Poskus Caton & Klein, P.C.
Denver, CO
 
Charles Sabatino, Esq.
ABA Commission on Law & Aging
Washington, D.C.  
 
Catherine Seal, Esq.
Kirtland & Seal, LLC
Colorado Springs, CO
 
Eric Solem, Esq.
Solem, Mack & Steinhoff, P.C.
Englewood, CO
 
 
Hotel Information:
 
Special room rates for attendees of the ELDER LAW RETREAT!
 
DATES: October 1-3, 2009
 
ELDER LAW RETREAT HEADQUARTERS:
Great Divide Lodge
550 Village Road
Breckenridge, Colorado 80424
 
Join your colleagues for a weekend of networking at the Great Divide Lodge in Breckenridge, Colorado!
 
ROOM RESERVATIONS:
Room rates at the Great Divide Lodge begin at $99 for a standard hotel room. (Deluxe King rooms are available at $115++. Mountain View rooms are available at $135++.) In order to take advantage of this special pricing, please specify that you will be attending the Colorado Bar Association CLE ELDER LAW RETREAT.
 
To make reservations:
Please call the Great Divide Lodge at (888) 525-1787. Please refer to GROUP # BC8CB2.
 
Cut-off for room reservations is September 9, 2009 When reservation is made a deposit equal to the amount of the guest room rate, surcharge and tax is required. No shows, early departures and/or late arrivals will be charged the nightly rate for the entire reserved stay. Deposit is refundable if a reservation is cancelled 14 days prior to scheduled arrival.  Individual cancellation within 14 days of arrival will result in forfeiture of deposit.