4th Annual Elder Law Bootcamp: Basics and Beyond

April 27, 2017 - April 28, 2017
Thurs: 8:45 - 4:45; Fri: 8:45 - 3:45
11.75 MCLE hours, including 2.50 Professional Responsibility MCLE credit hours (PMCLE credit subject to approval)
Presented by Elder Law
Co-sponsored by Employee Benefits, General Practice, Solo, and Small Firm, International and Immigration Law, Labor and Employment Law, Legal Technology, Standing Committee on, Real Estate Law, Senior Lawyers and Military Affairs

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

 

Back by popular demand! Don’t miss ISBA’s fourth annual elder law bootcamp that offers you the guidance and information you need to effectively represent your aging clients. Attorneys with all levels of practice experience who attend this two-day seminar will gain a better understanding of:

  • Adult guardianship from start to finish – contested and uncontested;
  • New federal nursing homes regulations;
  • Planning for digital assets;
  • Senior health care insurance options;
  • Estate and trust administration;
  • Powers of attorney for the aging client, pitfalls, and best practice;
  • The Transfer on Death Instrument;
  • The pitfalls and safeguards of real estate transfers by our aging clients;
  • New legislation affecting the elder law practice;
  • Case law update since our 2016 Elder Law Bootcamp seminar;
  • The ethical pitfalls of representing aging clients;
  • Social Security retirement strategies;
  • Computer security and electronically-stored documents;
  • Helping your client avoid financial ruin when facing long term care costs;
  • Retirement plans and distributions;
  • Resources and benefits available to aging Illinois veterans; and
  • The issues that can arise when immigration and elder law intersect

 

Program Coordinator/Moderator:
Kristi M. Vetri
, Association Law Office, Belleville

 

NOTE: Beginning in 2017, your registration includes access to electronic course materials that will be sent to you via email prior to the seminar. Printed course materials may be purchased for a nominal fee via the registration page.

 

Past Attendee Comments:
This is my second year attending the bootcamp and I got interested in becoming more involved in Elder Law after last year's bootcamp, which is why I am back. It is a phenomenal program.
Jack Fishman, Spring 2016

Day 1 flew by! Such good issues and great speakers. Day 2 seemed to move more slowly. However, ISBA does a great job each time! The overall course was very useful and helpful tomy practice and growth.
Briane Kneynsberg, Spring 2016

Agenda

Thursday, April 27, 2017


8:45 – 8:50 a.m.  Welcome
Hon. Martin W. Siemer
, Fourth Judicial Circuit, Effingham

8:50 – 9:00 a.m.  Preliminary Remarks about the Program
Kristi M. Vetri,
Association Law Office, Belleville

9:00 – 10:00 a.m.  Breakout Session 1

  • Session 1A: A Step-by-Step Guide to the Uncontested Adult Guardianship
    This session explores the basics of an uncontested adult guardianship – from intake to hearing – and will show you the necessary steps for an Order of Guardianship (forms included).
    Eugenia C. Hunter, Attorney at Law, Carbondale
  • Session 1B: New Federal Nursing Home Regulations
    The Federal Nursing Home Reform Act (FNHRA) requires nursing homes receiving Medicare or Medicaid funds to provide “practicable physical, mental, and psychosocial well-being of each resident,” and that they comply with the regulations promulgated by the Centers for Medicare and Medicaid (CMS) to achieve this end. This presentation summarizes the new regulations, including the three phases of implementation, examines the changes and clarifications in requirements pertaining to a number of key areas, and the potential impact on the quality of care and the quality of life of a nursing home resident.
    Dolores A. Wigman, Prairie State Legal Services, McHenry

10:00 – 10:15 a.m.  Break (beverages provided)

10:15 – 11:15 a.m.  Breakout Session 2

  • Session 2A: A Step-by-Step Guide to the Contested Adult Guardianship
    What do you do when things become adversarial during an adult guardianship case? Don’t miss this step-by-step guide to a contested case, including: litigating incapacity; battle for guardian (cross petitions); removal of guardian; remedies under the Power of Attorney Act; discovery issues; and using experts.
    Kerry R. Peck, Peck Ritchey LLC, Chicago
  • Session 2B: Digital Assets in Estate Planning
    Digital assets and social media sites that maintain/store personal, financial, business, and social information are posing new issues for estate planning. This session offers a basic understanding of the many digital assets an individual can maintain, the potential value of some, how to access accounts upon the user’s death or disability, the legal impediments to access, and proper planning techniques.
    Patrick D. Owens, Dimonte & Lizak, LLC, Park Ridge

11:15 – 11:30 a.m.  Break (beverages provided)

11:30 a.m. - 12:15p.m.  Breakout Session 3

  • Session 3A: Guardianship: A Solution for (and Source of) Elderly Abuse
    Guardianship and remedies under the Guardianship Act may be a good way to counteract and remedy abusive acts against the elderly…but they may also be a source of abuse if the appointed guardian doesn’t comply with required accountings and status reports or makes decisions for the ware in inappropriate ways. Learn what remedies are available under the Guardianship Act, how a guardian may take action to recover money or other property that was wrongly taken from older persons, the responsibilities of the guardians, and the circumstances when a guardian can be challenged or removed from the office of guardian.
    Susan Dawson-Tibbits, Johnson Bunce & Noble P.C., Peoria
  • Session 3B: Senior Health Care Insurance
    Are you familiar with the Illinois Senior Health Insurance Program (SHIP) – the free statewide health insurance counseling service for Medicare beneficiaries and their caregivers? Join us for a discussion on the information and resources your client needs when applying for Medicare, how to get assistance for your clients who are applying for Medicare, and the tools for SHIP sites around the State to utilize in serving Medicare beneficiaries.
    David Lecik, SHIP Trainer, Illinois Department on Aging, Chicago

12:15 - 12:45 p.m.  Lunch (provided)

12:45 – 1:30 p.m.  Breakout Session 4

  • Session 4A: Standards for Guardianship and Helpful Resources
    Explore the standards for guardianship, learn how to find the resources you need to help your client, and discover the differences between family guardians and professional guardians with this informative seminar. The segment closes with an interactive Q&A, so bring your questions for the guardianship experts!
    Sherri R. Rudy, Sharon R. Rudy P.C., Rockford
    Susan Dawson-Tibbits, Johnson Bunce & Noble P.C., Peoria (Q&A only)
    Eugenia C. Hunter, Attorney at Law, Carbondale (Q&A only)
  • Session 4B: Real Estate Checklist – 5 Things Every Elder Law Attorney Needs to Understand  
    The family home is often one of the largest assets of our elder law clients. This panel presentation discusses the Transfer on Death Instrument (TODI), transfers to caregivers, transfers to children, transfers out of trusts, and transfers of real estate without probate. Best practice advice is also provided.
    Myles L. Jacobs, Castle Law, Joliet
    Erica Crohn Minchella, Minchella & Associates Ltd., Skokie
    Paul Peterson, Ticor & Fidelity National Title, Chicago

1:30 – 1:45 p.m.  Break (refreshments provided)
Sponsored by the Illinois Bar Foundation

1:45 – 3:15 p.m.  How to Handle Clients with Diminished Capacity and Not Run Afoul of the Rules of Professional Conduct*
An Elder Law Attorney represents aging clients on a number of legal issues – from divorce and guardianship, to the sale of their home, long-term care, and estate planning…. just to name a few. But what happens when we notice that our client is not as “sharp” as she used to be? Does our duty toward her change once her capacity to understand starts to diminish? And should we be worried about how our continued representation ensures that her wishes are carried out and in her best interest? Don’t miss this in-depth look at how to avoid ethical issues and problems that can arise when working with clients with diminished capacity.
James J. Grogan, Attorney Registration and Disciplinary Commission, Chicago

3:15 – 3:30 p.m.  Break (refreshments provided)
Sponsored by the Illinois Bar Foundation

3:30 – 4:45 p.m.  Legislation and Case Law Update
Stays abreast of the evolving changes to Illinois statutes and case law with this informative panel discussion.
Daniel C. Hawkins, Ward Murray Pace Johnson P.C., Sterling
Karen A. Kloppe, Attorney at Law, Springfield
Hon. Martin W. Siemer, Fourth Judicial Circuit, Effingham

 

Friday, April 28, 2017


8:15 - 8:45 a.m.  Complimentary Continental Breakfast
Sponsored by ElderCounsel, LLC

8:45 – 8:50 a.m.  Welcome Back
Hon. Martin W. Siemer
, Fourth Judicial Circuit, Effingham

8:50 – 9:00 a.m.  Announcements
Kristi M. Vetri,
Association Law Office, Belleville

9:00 – 10:00 a.m.  Computer Security 101*
The Illinois Rules of Professional Conduct now recognize that part of a lawyer’s duty to maintain competence includes keeping abreast of the benefits and risks associated with relevant technology. This presentation explores this new ethics requirement, paying particular attention to computer security, cloud technology, and the current risks associated with the use of technology in the practice of law. A discussion on the safeguards you should take when electronically sending/storing client documents (such as powers of attorney, trusts, and wills) is also included.
Aaron W. Brooks, HolmstromKennedyPC, Rockford

10:00 – 10:15 a.m.  Break (beverages provided)

10:15 – 11:15 a.m.  Breakout Session 5

  • Session 5A: Estate Administration: How Does an Executor Administer a Probate Estate
    This segment answers all your questions on how an executor administers a probate estate in Illinois, including: What are the duties of an Executor? Should this be an Independent or Supervised Administration? How does an Executor handle the personal and real property in an Estate? What specific powers does an Executor have once she has been appointed? How does an Executor make final distributions under the will? Is an Executor compensated for her time handling estate matters? And what happens if an Executor is not doing her job?  
    Erica E. Lord, The Northern Trust Company, Chicago
  • Session 5B: Planning for Life’s Three Phases
    Elder Law attorneys often help clients avoid the devastating financial ruin that can occur when faced with the crushing costs associated with long-term care. This session focuses on the three stages of life and how you can help your clients fulfill this goal without breaking the bank.
    Anthony B. Ferraro, Di Monte & Lizak LLC, Freeport

11:15 – 11:30 a.m.  Break (Beverages provided)

11:30 a.m. – 12:30 p.m.  Breakout Session 6

  • Session 6A: Trust Administration
    Gain a better understanding of the fiduciary’s role, the beneficiary’s rights, and the trustee’s duties in trust administration cases. Additional topics include: how to avoid the most common pitfalls, and the new trends in trust administration.
    Heather A. McPherson, McPherson Law Offices, Freeport
  • Session 6B: Retirement Plans and Distributions
    Learn how the various retirement plans work, how the distributions fit into the long-term income stream as your clients age, and be able to answer questions about when to start taking distributions, how much is too much, and what are the minimum distribution requirements.
    Bernard G. Peter, Miller Canfield Paddock and Stone PLC, Chicago

12:30 – 1:00 p.m.  Lunch (provided)

1:00 – 2:00 p.m.  Breakout Session 7

  • Session 7A: The Power of Attorney for My Aging Client: Pitfalls and Best Practices
    Discover which powers of attorney are available to you as you try to meet the different needs of your aging client with this comprehensive overview. Best practice tips regarding the pros and cons of adding additional language to the current statutory forms are also included.
    Susan Dawson-Tibbits, Johnson Bunce & Noble P.C., Peoria
  • Session 7B: Social Security
    Social Security benefits are an important source of retirement income for many aging clients. Advising clients on when and how to claim Social Security benefits can make a real difference in the financial security of the majority of retirees. This session highlights the rules (including recent changes on early retirement, full retirement, and delaying retirement) and explores the impact of working after beginning retirement benefits. Additional topics include: the impact of some government pensions on Social Security and knowing when Social Security benefits become taxable income.
    Avram Sack, Attorney at Law, Skokie

2:00 – 2:15 p.m.  Break (refreshments provided)
Sponsored by the Illinois Bar Foundation

2:15 – 3:15 p.m.  Breakout Session 8

  • Session 8A: Resources and Benefits Available to Aging Illinois Veterans
    Illinois Joining Forces (IJF) – a joint effort between the Department of Veterans’ Affairs and the Department of Military Affairs – was designed to better serve veterans, service members, and their families throughout the state. IJF brings public, non-profit, and volunteer organizations together in order to continually foster increased awareness of available resources and better partnership between participating organizations. Join us for this comprehensive look at how IJF helps identify the available resources and services to create efficient access and delivery of these programs to the State’s military and veteran communities.
    Hon. Ronald Spears (ret.), Fourth Judicial Circuit, Taylorville
    Edward Farmer, Veterans Legal Support Center & Clinic, The John Marshall Law School, Chicago
  • Session 8B: When Immigration and Elder Law Intersect
    A potential client comes into your office. He lives here, but his aging parent resides in another country and is in need of moving to the U.S. to live with his son for long-term care. Do you know where to start? Don’t miss this session that explores this and other immigration issues that you may face in your elder law practice. 
    Scott D. Pollock, Scott D. Pollock & Associates P.C., Chicago

3:15 – 3:45 p.m.  Wrap Up and Q&A
All speakers are invited to participate

 

*Professional Responsibility MCLE credit subject to approval