Continuing Legal Education

1st Annual Elder Law Bootcamp: Basics and Beyond

April 24, 2014 - April 25, 2014
8:50 a.m.-4:45 p.m.; 8:45 a.m.-5:00 p.m.
13.25 MCLE hours, including 2.50 Professional Responsibility MCLE credit hours (PMCLE credit subject to approval)
Presented by Elder Law
Co-sponsored by Administrative Law, Animal Law, Bench and Bar, Business Advice and Financial Planning, Child Law, General Practice, Solo, and Small Firm, Senior Lawyers, Trusts and Estates, Attorney Registration and Disciplinary Commission and Military Affairs

Chicago
ISBA Chicago Regional Office
20 S. Clark St, Suite 900
(map and directions)

The ISBA Elder Law Section would like to dedicate the
"1st Annual Elder Law Conference" in memory of Dan Moore.

Within the next decade, the aging population will explode due to the wave of baby boomers reaching retirement age, making it imperative that attorneys be prepared to assist and counsel both the elderly client and their children. Don’t miss this first annual elder law bootcamp that offers you the guidance and information you need to effectively represent an aging client! Attorneys with all levels of practice experience who attend this two-day seminar will gain a better understanding of:

  • How to communicate with clients of diminished capacity;
  • How to handle the cognitively impaired attorney;
  • The new Elder Justice Center in Cook County;
  • The alternatives to guardianship;
  • Wills vs. trusts;
  • Estate planning for families with a special needs member;
  • Guardianship litigation;
  • Grandparents raising grandchildren;
  • Important case law and statutory developments;
  • Preventing and prosecuting financial exploitation against elders;
  • Long Term Care and the costs associated with it; and
  • Much more!
Please Note: Prior to the program, you will receive a weblink via email allowing you to access the course materials prior to the program. You will also receive a copy of the course materials (for no additional charge) when you arrive at the program, but will need to check the appropriate box on the registration page letting us know if you prefer a flash drive or printed course book.


Program Coordinator/Moderator:
Kristi M. Vetri, Attorney at Law, Belleville

 

Agenda


Thursday, April 24, 2014

 
8:50 – 9:00 a.m.  Welcome and Introductions
Kristi M. Vetri, Attorney at Law, Belleville

9:00 – 10:15 a.m.  Communications: Representing Clients with Diminished Capacity*
Although there are a number of issues that can arise when representing clients with diminished capacity, there are two common scenarios that the Elder Law attorney is likely to encounter: adult children bringing their elderly parent into your office or you visiting your aging client in their home. Join us for this informative presentation in which these two common scenarios are explored. Topics include: the capacity to engage legal services; capacity to contract vs. testamentary capacity; undue influence; understanding who your client is; knowing when your duty to protect arises and Rule 1.14; the interview environment; and aids to enhance capacity. Best practice tips to protect the aging client, the children, and the lawyer are also included.
William L. Cleaver, Bozeman Neighbour Patton & Noe, LLP, Moline
Eugenia C. Hunter, Attorney at Law, Carbondale
Heather A. McPherson, McPherson Law Offices, Freeport

10:15 – 10:30 a.m.  Break (beverages provided)

10:30 – 11:45 a.m.  Perspectives on Aging Lawyers and Cognitive Impairment*
This segment offers an in-depth look at the cognitively impaired attorney. Learn the difference between being a little absent-minded and exhibiting true cognitive impairment, while knowing which signs to watch out for when dealing with a lawyer who may be experiencing cognitive impairment. Additional topics include: the resources available from state and local lawyer assistance programs; the risks of disciplinary action when failing to address problems of cognitive impairment; and the exposure to malpractice when cognitively impaired lawyers continue to practice.
Christine P. Anderson, Attorney Registration & Disciplinary Commission, Chicago
Hon. Michael J. Chmiel, Twenty-Second Judicial Circuit, Woodstock
Scarlett Ellis, Rush University Medical Center – Alzheimer’s Disease Center, Chicago
Tony Pacione, Clinical Case Manager, Illinois Lawyers Assistance Program, Chicago
Dr. Raj C. Shah, Rush University Medical Center – Alzheimer’s Disease Center, Chicago

11:45 a.m. – 12:15 p.m.  Lunch Served (provided)

12:15 – 1:00 p.m.  The New Elder Law and Miscellaneous Remedies Division of the Circuit Court of Cook County
This comprehensive overview explores the newly-opened Elder Justice Center, as well as what’s in store for its future.
Hon. Patricia Banks, Circuit Court of Cook County, Chicago

1:00 – 1:15 p.m.  Transition to Breakout Sessions

1:15 – 2:15 p.m.  Breakout Session 1

  • Guardianship vs. Agency (POA)
    Join us for this comprehensive look at the factors to consider before filing for guardianship and the alternatives to guardianship, including: temporary powers; freezing assets; appropriate guardianship considerations (including family members, public guardians, and corporate guardians); powers of attorney for property and health; and the Mental Health Preference Declaration Act. The pros and cons of each are debated as they relate to the aging client.
    Sharon R. Rudy, Sharon R. Rudy, P.C., Rockford
    Susan Dawson-Tibbits, Johnson Bunce & Noble, P.C., Peoria
     
  • Estate Planning: Will vs. Trust
    Update your knowledge on basic estate planning for elder law clients with this informative session that discusses the necessary clauses and issues to address, how to plan for an incapacitated spouse, beneficiaries with special needs (including the adult child living at home with the client), minor children or wards in custody of the client, and pets.
    Eugenia
    C. Hunter, Attorney at Law, Carbondale
     

2:15 – 2:30 p.m.  Break (refreshments provided)

2:30 – 3:30 p.m.  Breakout Session 2

  • Guardianship of the Person
    This presentation explores the issues, problems, and solutions to being a guardian of the person, including limitations on the guardian’s authority (residential placement, dissolution of marriage, spousal impoverishment, psychiatric admission, psychotropic medications, etc.); visitation issues; decision-making standards; court oversight; and reporting requirements.
    Susan Dawson-Tibbits, Johnson Bunce & Noble, P.C., Peoria
    Stephen D. Iden, Land of Lincoln Legal Services, Springfield
  • Estate Planning, Trusts, & Special Needs: Spouse, Adult Child, and Grandchildren
    There are a number of issues affecting families with a special needs member – from protecting the inheritance without disinheriting through the use of a special needs trust to protecting the inheritance from public assistance spend-down with estate planning. Gain a better understanding of the different kinds of special needs trusts, as well as the important clauses and guidelines necessary for drafting the appropriate special needs trust.
    Philip E. Koenig, Law Office of Philip E Koenig, Rock Island
    Heather A. McPherson, McPherson Law Offices, Freeport

3:30 – 3:45 p.m.  Transition to Breakout Rooms

3:45 – 4:45 p.m.  Breakout Session 3

  • Guardianship Litigation Issues
    Adult guardianship litigation can be emotionally trying for all parties involved – and elder law attorneys need to know what to do if things become adversarial. Don’t miss this discussion on litigating incapacity, the battle for guardianship (cross petitions), removing a guardian, remedies under the Power of Attorney, discovery, and the use of experts.
    Diana M. Law, Law ElderLaw LLP, Aurora
    Kerry R. Peck, Peck Bloom, LLC, Chicago
  • Grandparents Raising Grandchildren: Grandparent Rights and Grandchild Rights
    There are a number of unfortunate circumstances that force grandparents to take on the parental responsibilities of raising their grandchildren. This session discusses what happens when elders become caregivers for children and the rights of both the grandparent and the grandchild. Additional topics include: care giving issues, state assistance and government programs, foster parenting, adoption, permanent guardianship, and incarcerated parents.
    Carol A. Casey, Office of the Public Guardian, Chicago
    Michael K. Goldberg, Goldberg Law Group, Chicago 

Friday, April 25, 2014

 
8:45 – 9:45 a.m.  Legislation: Case Law Update
Don’t miss this discussion on important case law and statutory developments in aging and elder law!
Martin W. Siemer, Resch Siemer Law Office, LLC, Effingham

 9:45 – 10:45 a.m.  Elder Abuse: Financial Exploitation
Gain a better understanding of how financial exploitation is a form of abuse among our elderly citizens with this informative segment. Learn how to recognize the signs, how to report it, how to protect against it, how to prosecute it, and how to help your abused client recover from it.
Alexi Vahlkamp, AgeOptions, Oak Park
Holly Zielke, Illinois Department of Aging, Chicago

10:45 – 11:00 a.m.  Break (beverages provided)

11:00 a.m. – 12:00 p.m.  Financing Long Term Care: Medical Costs and the Affordable Care Act
This session explores how to pay for the costs of long term care and how the implementation of the Affordable Care Act in Illinois will impact health care and medical costs. A summarization of the various government benefit programs available to qualifying seniors (such as Veterans’ benefits, Medicaid, Medicare, and Social Security) is included.
Sandy Leith, SHIP Specialist, Illinois Department on Aging, Chicago
Richard L. Todd, U.S. Army, Oswego
Kristi M. Vetri, Attorney at Law, Belleville

12:00 – 12:30 p.m. Lunch Served (provided)

12:30 – 1:30 p.m.  Financing Long Term Care: Housing/Keeping our Client Independent
This segment examines the costs of aging in place and how to pay for it, as well as the options and techniques available as our clients’ activities of daily living decline that allow them to stay independent. Topics include: the levels of care and housing choices available; Long Term Care Insurance; Reverse Mortgages; HUD programs; and predatory lending practices to guard against.
Sandy Leith, SHIP Specialist, Illinois Department on Aging, Chicago
Richard L. Todd, U.S. Army, Oswego
Kristi M. Vetri, Attorney at Law, Belleville

1:30 – 2:30 p.m.  Medicaid: Deficit Reduction Act (DRA), Saving Medicaid Access + Resources Together (SMART) Act, and Planning
Update your knowledge on Illinois rules in light of the Deficit Reduction Act (DRA) and Saving Medicaid Access + Resources Together (SMART) Act, as well as the possible planning techniques available under the new rules. Issues and trends as a result of the new rules are also discussed.
Anthony B. Ferraro, The Law Offices of Anthony B Ferraro, LLC, Rosemont
Constance B. Renzi, Mickey Wilson Weiler Renzi & Andersson, P.C., Aurora

2:30 – 3:30 p.m.  Administrative Hearings: Social Security, Medicare, Medicaid, and VA-Procedures
Gain a better understanding of what to expect when you appeal a decision from a government agency and where to look for guidance.
Hon. Camela A. Gardner, Administrative Law Judge, Illinois Department of Public Health, Chicago
Daniel S. Lacy, The John Marshall Law School, Chicago
Hon. Patrick Nagle, Administrative Law Judge, Office of Disability Adjudication and Review, Chicago

3:30 – 3:45 p.m.  Break (refreshments provided)

3:45 – 4:45 p.m.  Nursing Home Litigation for the Elder Law Practitioner
Do you know what to do if your client has bedsores? If your client has fallen? Or if your client is restrained and in lock-down? Do you know your client’s rights? Or how to advocate for your client and protect him or her from injury and neglect? Get the information you need about your client’s rights, the nursing home’s responsibilities, and where to go for help. How and where to file a cause of action is also discussed.
Patricia L. Gifford, Levin & Perconti, Chicago
Kenneth T. Lumb, Corboy & Demetrio, P.C., Chicago

4:45 – 5:00 p.m.  Closing Remarks / Question & Answer Session (No MCLE credit)

 

*Professional Responsibility MCLE credit subject to approval