Thursday, October 6, 2011

8:15 – 8:45 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:45 – 9:00 a.m.

WELCOME, INTRODUCTIONS & SECTION ANNOUNCEMENTS

– Suzanne M. Scheller, MSBA Elder Law Section Chair

9:00 – 9:30 a.m.

 KEYNOTE ADDRESS

Implementing Health Reform, Instituting Other Initiatives and Handling Budget Constraints

Information and insights from Commissioner Lucinda Jesson about the Minnesota Department of Human Services’ directions and initiatives, including understand the laws with regard to the elder at both the federal and state levels, transparency issues within the Department, and plans for educating the DHS caseworkers on the frontlines of working with Minnesota seniors.

– Lucinda E. Jesson

9:30 – 10:00 a.m.

Medicaid Block Grant

Understanding the Medicaid discussion as it transpires on the national and state stages and discussion of Department of Human Services’ plans as they relate to our elderly clients.

– David Godfrey

10:00 – 10:15 a.m.

Question and Answer Session with Lucinda E. Jesson and David Godfrey

(written questions only)

– Moderated by Suzanne M. Scheller

10:15 – 10:30 a.m.

BREAK

10:30 – 11:45 a.m.

Accessing Medicare Benefits

A panel presentation tracking a client’s transition from hospital to nursing home to home and exploring the legal requirements to access Medicare benefits and the limitations of those benefits along the way. Topics to be covered include observation versus inpatient status, rehabilitations and homebound benefits, and hospice.

– Kelli Jo Greiner, Deb A. Holtz & Stephanie A. Minor
– Moderated by Cathryn D. Reher

11:45 a.m. – 12:00 p.m.

AWARDS CEREMONY

– Julian J. Zweber

12:00 – 1:15 p.m.

INSTITUTE LUNCHEON (provided)

Minneapolis Marriott City Center Hotel

1:15 – 2:15 p.m.

 BREAKOUT SESSION A

 

1) Divorce and Other Family Law Issues

Attorneys experienced in both elder law and family law will discuss the financial aspects of divorce, including the impact of divorce on eligibility for medical assistance and custody proceedings for grandparents.

– Joel R. Button & Sally K. Mortenson

 

2) The Intersection of Elder Law with Medical Malpractice

Is a personal injury or wrongful death claim against a nursing home really considered medical malpractice? How about in other long term care and home care settings? What can be done with any settlement dollars? Learn the similarities and differences of negligence claims in the long term care setting compared to traditional medical malpractice, including when a claim is considered "medical malpractice"; compliance with Minn. Stat. 145.682 as to experts; legal standards governing the claim; factors constituting a legal claim; available damages and how they are determined; impact of Swanson v. Brewster on such claims; and payment of medical liens. In addition, once the settlement arrives, subrogation and lien interests must be sorted out and planning needs to be implemented to manage the impact for ongoing program eligibility. We will look at Medicare and Medicaid repayments, structured settlements, special and pooled special needs trusts and other options to make the most of the recovery.

– Kenneth L. LaBore, Suzanne M. Scheller & Jeffrey W. Schmidt

 

3) BASICS: The Basics of Medical Assistance Eligibility

This session will review the basic rules applied to determine eligibility for Medical Assistance for single and married individuals. Notable exceptions to the general rules will also be covered.

– Allison J. Frasier & Joy E.S. Gullikson

2:15 – 2:30 p.m.

BREAK

2:30 – 3:30 p.m.

 BREAKOUT SESSION B

 

4) Contested Guardianship and Conservatorship: When a Power of Attorney and Health Care Directive Lead to More Problems Than They Solve!

You thought you had drafted perfect documents to avoid the need for appointment of a guardian and/or conservator, but now you find yourself representing a client in the middle of a messy guardianship and/or conservatorship proceeding. How did this happen and how can it be resolved in the best interest of the client?

– Lori L. Guzman & Lori D. Skibbie

 

5) Elder Law and Other Government Services

Seniors and people with disabilities are categorically eligible for "SNAP", and this session will explore food support eligibility and special needs trust administration for persons receiving food support. Plus, is your client blind or deaf enough to get benefits? What are the standards and how to recognize blind, deaf and "deafblind" clients.

– Margaret M. (Pook) Grathwol & Laurie Hanson

 

6) BASICS: The ABCs of Elder Law

You know what MA is—but what about MCHA, SMRT, QMB, POMS, and SNAP? Elder Law practitioners function in a world of acronyms. This presentation will provide an overview of government programs and benefits you need to know (including HCBS programs like CADI and TBI) and give you a leg up in understanding the various acronyms you will encounter in your elder law practice.

– Laura J. Zdychnec

3:30 – 3:45 p.m.

BREAK

3:45 – 4:45 p.m.

 BREAKOUT SESSION C

 

7) Intersection with Veterans Benefits

This session will provide an overview of state and federal veteran’s benefits including Non-Service Connected Pension, Minnesota Veterans Home, Burial benefits, Medical benefits, and home and community based services. The discussion will include an overview of service record requirements, asset and income limitations, as well as access points for clients seeking benefits in the system.

– Mary Frances M. Price

 

8) Mental Health and Addiction Issues in Older Adults

1.0 ethics credit

Lawyers who serve older adults will encounter mental health and addiction issues in their clients. Learn the realities, risk factors and resources. The program will also offer a protocol to encourage someone to get help.

– Joan M. Bibelhausen & Roger Svendsen

 

9) BASICS: Opening Your First Probate

If you practice in the area of estate administration, it’s critical that you know how to open probate estates in an efficient manner. It’s important to the client because nothing, with the possible exception of paying legal fees, is more frustrating to the client than a time delay. It’s important to you because your reputation and the good will of the client are at stake. This session includes many practice tips geared toward the opening of probate estates.

– Susan T. Peterson

4:45 p.m.

INSTITUTE RECEPTION

Join us for food, drinks and great PRIZES! We will be collecting your business cards at the reception for a drawing at 5:15 p.m. Must be present to win.

Friday, October 7, 2011

8:30 – 9:00 a.m.

CONTINENTAL BREAKFAST

9:00 – 10:00 a.m.

Life Care Planning

Long term planning is not simply an exercise in which the elder law attorney and the family engage in transferring assets and qualifying the elder for Medicaid. As elder law attorneys, we must protect and assure the good health, safety, and well being of our clients. While asset protection and Medicaid may be a part of this plan, many practitioners feel it should not be the sole focus when representing elder clients. In recognition of this goal, a new method of elder practice called "Life Care Planning" is spreading across the country. This session will provide an overview of the movement and why some elder law attorneys are embracing this practice model.

– Patti Cullen & Stuart E. Schmitz
– Moderated by Mary Frances M. Price

10:00 – 11:00 a.m.

End of Life Panel

This panel will discuss end of life issues and the tools available to the client and practitioners to ensure that the client’s wishes for end of live care are respected. The panelists will discuss: the recent Barnes case and its implications for end of life planning; the emerging area of care transitions which include hospice and palliative care services and how such services are delivered and funded within changing health policy and reimbursement models; the history of health care directives, the different forms effective in Minnesota, the scope of the document, and practical pointers to make sure the document is properly disseminated; and the new medical order set form called POLST – Provider Orders for Life Sustaining Treatment – that is coming into common usage throughout Minnesota. The POLST order set provides opportunities for patients and their medical providers to discuss and implement common end of life medical decisions.

– Luther A. Amundson, Stuart C. Bear, Barbara J. Blumer, Lisa M. Edstrom & Susan A. King
– Moderated by Andrea M. Palumbo

11:00 – 11:15 a.m.

BREAK

11:15 a.m. – 12:15 p.m.

 BREAKOUT SESSION D

 

10) No Ordinary Attorney-Client Relationship – Ethical Issues Arising from Diminished Capacity

1.0 ethics credit

An incapacitated person has a right to representation by an attorney, pursuant to the Bill of Rights for a Ward or Protected Person. But does the incapacitated person have a right to direct their own case, including the selection of an attorney? The session will focus on the attorney’s difficult task of balancing the client’s right to direct the client’s own case and the attorney’s obligation to act in the clients best interest.

– Robert A. McLeod & Janet E. Totter

 

11) Mediation and Your Elder Law Practice

Experienced mediators will discuss issues appropriate for mediation, the mediation process, and practical tips for utilizing mediation.

– James M. Crist, Jessica S. Ware & Jennifer L. Wright

 

12) Starting Your Elder Law Practice

Whether you have just taken the bar exam or are expanding your existing practice, this panel presentation will explore common questions and provide helpful advice for establishing yourself in elder law.

– Mark L. Anderson, Joel R. Button, Margaret M. (Pook) Grathwol & more
– Moderated by Courtney Allensworth, Brenna Galvin, Analee Heath Leach & Megan Stowers

 

13) Unbefriended Elders

This session will discuss health care decision-making for unbefriended elders and vulnerable adults in Minnesota. Unbefriended individuals have no family member or friends to guide health care providers with regard to medical decision-making, and do not have the capacity to make their own care decisions. This workshop will discuss presenter Andrea Palumbo’s empirical research on the number of unbefriended elders in Minnesota, how other states have addressed the issue, possible solutions in Minnesota, and provide practical tips for dealing with issues involving unbefriended elders who are or may become clients.

– Kimberley Dayton, Andrea M. Palumbo & Douglas Silverman

12:15 – 1:15 p.m.

LUNCH (on your own)

1:15 – 2:15 p.m.

 BREAKOUT SESSION E

 

14) Insurance: Long Term Care and Pre-Paid Burial Plans

Learn how properly structured insurance policies can benefit clients who are planning long term care. First, this session will take a detailed look at long term care (LTC) insurance, including: a review of the MN Partnership Program; what to look for when purchasing new LTC policies; and, how to review your clients’ existing LTC policies. Second, this session will cover insurance-funded pre-paid burial plans, including: how to properly structure new burial plans; and red flags to look for when reviewing existing burial plans.

– Deborah Hull, John A. Kantke & Jeanne McGill

 

15) Probate Pitfalls

Practical steps to avoid problems in opening and administering probates including these topics: notice requirements, bonding issues, real estate transfers, minors, widows and stepchildren, creditors’ claims, feuding heirs, personal property battles, and getting paid.

– Suzanne M. Sandahl

 

16) IRAs and Qualified Retirement Accounts

A discussion of post-death distribution rules including payments to supplemental and special needs trusts.

– Bryan Jamison

2:15 – 2:30 p.m.

BREAK

2:30 – 3:30 p.m.

The Tax and Estate Planning Panel: Federal Estate Tax, Life Estates, Minnesota’s Corporate Farm Law, Discharge of Indebtedness and More!

Richard Hawke will begin with a discussion of the federal estate tax provisions passed in December of 2010, including a temporary increase in the exemption to $5 million per decedent and some "surprise" provisions. Jeff Schmidt will tell us why life estates are not "dead" and why they are a valuable tool for long term care and capital gains tax planning if you use them right. Doug Spanier will cover Minnesota’s Corporate Farm Law and why you need to know about it if you deal with estate planning and agricultural land. Finally, Mark Priore will address the consequences of not paying your debt and how to handle income from the discharge of indebtedness.

– Richard D. Hawke, Mark Priore, Jeffrey W. Schmidt & Douglas Spanier

3:30 – 3:45 p.m.

Legislative and Estate Recovery Update

This session will review the changes made to the medical assistance programs by the 2011 Legislature. New spousal support requirements, limits on home and community based programs, cuts to provider payments and requests for waivers will be covered, as well as the most recent developments in claims litigation involving the estates of community spouses and others.

– Julian J. Zweber

3:45 p.m.

INSTITUTE ADJOURNS

4:00 p.m.

MEETING OF THE GOVERNING COUNCIL OF THE ELDER LAW SECTION