Thursday, October 10

The sessions highlighted in yellow will be simulcast.
To obtain online viewing access for Day 1, please call customer service at 800-759-8840.

8:30 – 8:55 a.m.
CHECK-IN & CONTINENTAL BREAKFAST

8:55 – 9:00 a.m.
WELCOME & INTRODUCTION

9:00 – 10:00 a.m.
Demographic Change in Minnesota
The past two decades have meant big changes for Minnesota. The next two decades will bring even greater changes. Minnesota State Demographic Center’s Senior Demographer, Megan Dayton, will talk about how the people of Minnesota are changing and will describe what to expect in the future. She will also provide information on Minnesota’s aging trend and discuss impacts and implications in the areas of health, the state budget, the future labor force, and beyond.
– Megan Elizabeth Dayton

10:00 – 10:45 a.m.
2019 Elder Law Legislative Update
The 2019 legislative session saw the rise of legislation intended to protect seniors from abuse and neglect. Join Suzanne Scheller for a look at licensing requirements for assisted-living facilities, as well as the new safeguards for Minnesotans who live in senior care facilities – including the ability to use surveillance cameras to monitor care, report abuse or poor quality care without fear of retaliation, and be protected against arbitrary discharges.
– Suzanne M. Scheller

10:45 – 11:00 a.m.
BREAK

11:00 a.m. – 12:00 p.m.
BREAKOUT SESSION A

101
MA-LTC and EW: Demystifying the Codes
The basics on the eligibility requirements and the differences between Medical Assistance for Long Term Care and Elderly Waiver. In this session, participants will review the basic eligibility requirements for Medical Assistance for Long Term Care and Elderly Waiver, examine the differences between preparing an Elderly Waiver application versus a Long Term Care application, and review income budgeting differences unique to Elderly Waiver.
– Lauren L. Fink & Leah R. Gilbert

102
The Top Ten Things You Need to Know About Medicare
Most elder law attorneys do not practice in the area of Medicare, but the majority of our clients are Medicare recipients. This session will tackle the top 10 things that elder law attorneys need to know about Medicare so we can best serve our clients. We will cover topics such as: Considerations when choosing traditional or privatized Medicare plans; Preventing private pay long-term care costs by staying alert to observation status issues; Maintaining needed coverage through combating the myth of the “improvement standard”; and Accessing critical care through the home health benefit.
– Brenna M. Galvin

103
2019 Case Law & Litigation Update: The Times They Are A-Changing
This session will focus on recent developments in case law and dive more deeply into pending litigation, including specific updates on changes related to pooled trusts for clients over age 65.
– David A. Rephan

104
Vulnerable Adult Investigations & Defending Fiduciaries: Lessons for Planners
– Andrew S. Birrell

12:00 – 1:00 p.m.
LUNCH (provided) & AWARDS CEREMONY

1:00 – 1:15 p.m.
BREAK

1:15 – 2:15 p.m.
BREAKOUT SESSION B

201
Elder Law Estate Planning: Planning Techniques and Documents for Clients with Estates Under $3,000,000
Topics to be covered include: The Initial Client Interview; Distribution Documents: Wills, Trusts, Transfer on Death Deeds; Incapacity Protection Documents: Health Care Directives, Powers of Attorney; Financing Long-Term Care: Medical Assistance, Long-Term Care Insurance, Reverse Mortgages; When it’s Too Late to Plan: Guardianship & Conservatorship
– Jody A. Cohen Press

202
Special Needs Planning Strategies: #ThatDoesNotMakeSense
Knowing a client’s specific benefit programs is critical. This session will help you identify tools to help your clients, the limits and possibilities of each tool.  Plus, how to overcome frustrations to reach a successful outcome.
– Jeffrey W. Schmidt

203
Medical Assistance Appeals: What Every Practitioner Needs to Know About the “Fair Hearing” Process
If your practice includes assisting clients seeking or maintaining Medical Assistance benefits, it’s only a matter of time before you’ll have to file an appeal.  This session will provide a road-map to the Fair Hearing process, appearing before a Human Services Judge, appealing a decision of the state agency to the district court, and tips and traps along the way.
– Laura Zdychnec

204
What to Do When There’s Been a Significant Injury in an Elder Care Facility
This session will offer a checklist for when you get that call, and cover: common injuries in elder care facilities; who’s responsible for causing the harm and the legal principles that hold them accountable; binding arbitration clauses and other trouble to watch out for; and administrative law principles relevant to these cases.
– Joel E. Smith

2:15 – 2:30 p.m.
BREAK

2:30 – 3:30 p.m.
BREAKOUT SESSION C

301
So You Want to Practice Elder Law?
This session will provide tips, insight and expert advice for attendees who venturing into the area of Elder Law.
– Theresa Johnson, John A. Kantke, Taylor Kaspar & Cathryn D. Reher
– Mary Joki Ebb, moderator

302
How to Have a More Dementia-Friendly Practice
1.0 elimination of bias credit applied for
While dementia is certainly not a brand-new medical condition, research on it and the statistical upswing of its presence in the general population make this disease something you should know more about. Not only that, but what are the differences between “normal aging” and Dementia symptoms? How diminished is your client’s capacity – and are you expected to acquire medical expertise to deal with the elderly now? What are our professional and ethical responsibilities as lawyers?
– Jean Gustafson

303
Guardianship & Conservatorship Mediation: Strategies for Avoiding Protracted Litigation
There is a growing interest in using mediation as a means to resolve guardianship and conservatorship disputes. The interest is fueled by an increase in expensive, protracted litigation over whether a guardianship/conservatorship should be established, who should be selected as the fiduciary, determination of place of abode, proper medical care, visitation and many other decisions effecting the elderly protected person. A mediator experience in guardianship/conservatorship law can provide family combatants with an early reality check on the likely outcome of a case before absurd amounts of time and money are spent. In this session, we will describe the mediation process and settlement strategies for meeting the needs of the protected person while satisfying the concerns of interested parties.
– James M. Crist

304
Are Seniors Really Any Safer? Analyzing the Practical Impact of Recent “Safe Senior” Legislation and Similar Laws
In May 2018, Congress enacted the Senior Safe Act. In Minnesota, the Safe Seniors Financial Protection Act went into effect in August 2018. In June 2019, the Securities & Exchange Commission released its long-awaited “Regulation – Best Interests.” What do these new statutes/rules accomplish, and perhaps more importantly, what don’t they accomplish? Are there still differences between stock brokerage firms and investment advisory firms with respect to standard of care owed to investors, and why should an elder law attorney care? We will examine relevant federal and state statutes and regulations on these topics.
– F. Chet Taylor

3:30 – 3:45 p.m.
BREAK

3:45 – 4:45 p.m.
Ethics for Elder Law Attorneys: New Developments in Confidentiality
1.0 ethics credit applied for
From obligations to former clients, to potential malpractice claims, to blogging and social media, confidentiality seems to be on the mind of the ABA and state ethics authorities. This session will take a look at how the interpretations of Rule 1.6 are shifting and what lawyers should look out for.
– Eric T. Cooperstein

INSTITUTE RECEPTION – NOW ON FRIDAY!

Friday, October 11

8:30 – 8:55 a.m.
CONTINENTAL BREAKFAST

8:55 – 9:00 a.m.
WELCOME

9:00 – 10:00 a.m.
But I Don’t Do Housing: How Expanding Your Knowledge of Housing Law Can Mitigate Bias – and Expand Opportunities – in Your Elder Law Practice
1.0 elimination of bias credit applied for
Housing is a facet of elder law. No nursing home or assisted living resident may be denied any right available to a tenant. Attendees will learn how landlord-tenant laws impact their elderly clients, including attorneys’ fees and statutory damages and other important housing issues.
– Laura Orr

10:00 – 10:45 a.m.
DHS Update
– Assistant Commissioner Dan Pollock

10:45 – 11:00 a.m.
BREAK

11:00 a.m. – 12:00 p.m.
BREAKOUT SESSION D

401
Real Estate Issues Facing the Elderly: From Nest Egg to Nefarious Interloper
This session will cover a roundup of common real estate issues, including: how to identify opportunities and threats facing elderly regarding real property assets; bona fide ways to access equity before and after death; trips and scams threatening real property; strategies to manage real property value and protect against loss; and other substantive protections for real property.
– Carl E. Christensen

402
Minefields of Basic Estate Planning as a Person Ages: When Does a Traditional Estate Plan Need to be Revised?
Clients should revisit their estate planning documents every 3-5 years or when a major life change occurs. As clients age or there is a need for future nursing care, the focus of estate planning changes from asset growth, probate avoidance, and estate tax planning to a focus on eligibility for public benefits, asset protection and disability planning.  The documents that are required, and the authority a client is willing to give to another individual, will need to be revisited.  Drafting attorneys need to be aware of issues related to incapacity, undue influence, financial exploitation, and client representation.
– Jill M. Sauber

403
Long Term Care Insurance & Elderly Waiver
This session will discuss the elderly waiver overhaul and long-term care insurance in this context, and the application process when your client resides at home.
– Cathryn D. Reher & Mary Frances Price

12:00 – 12:20 p.m.
DISTRIBUTION OF BOXED LUNCHES

12:20 – 1:05 p.m.
LUNCHEON PRESENTATION

What I Learned About Life From Death: Insight for Lawyers Who Help Clients with End-of-Life Planning
Jane Whitlock is a death doula. She is a non-medical person who provides spiritual, emotional and physical support to dying people and their caregivers. She believes that thinking and planning for one’s inevitable death will lead to a life filled with more purpose, gratitude and love. She will share stories from her line of work.
– Jane Whitlock

1:05 – 1:15 p.m.
BREAK

1:15 – 2:15 p.m.
BREAKOUT SESSION E

501
Tax Checklist for Elder Law Attorneys (How to Add Value and Avoid Malpractice)
This session will address a checklist of tax issues to guide elder law attorneys when advising clients.
– Bryan Jamison

502
Personal Services Contracts: How to Address Payments for Care or Personal Services Provided by a Relative
What do you – and what are the impacts to discuss – when your client wants to pay a child or other relative to provide personal care or services? This session will walk through a sample personal services contract, highlighting the relevant issues to weigh and address in drafting, including those related to Medical Assistance, income tax, insurance, employee vs. independent contractor classification, and more.
– Theresa Johnson

503
MN Choices & Long-Term Screenings Panel
– Angela Bosshart, Jenny Erickson, Shannon Hyvare-Day, Sheila Mattson & Cheryl Stein

2:15 – 2:30 p.m.
BREAK

2:30 – 3:30 p.m.
BREAKOUT SESSION F

601
Transitioning Clients to Supported Decision-Making: Support for Attorneys Supporting Supported-Decision Making
This session will: review relevant supported decision-making forms from around the country and possible use of these forms in Minnesota; address considerations for supported decision-making vs. Power of Attorney and Health Care Directive; preview references to supported decision-making in proposed changes to Minnesota Guardianship Statutes § 524.5; explain difference between supported decision-making and substitute decision-making; and answer practical questions around how to transition clients from existing guardianship to supported decision-making.
– Kathleen Carlson & John A. Kantke

602
Medical Assistance Estate Recovery: The Estate Recovery Horror Picture Show
This session will provide an overview of the federal and state laws regulating recovery of Medical Assistance claims.  The recent evolution of estate recovery in Minnesota case law will be addressed.  The presentation will also provide practical guidance regarding how estate recovery claims are asserted in probate and non-probate cases, as well as how to request and review a MA claims history from DHS.
– Amber M. Hildebrandt

3:30 – 3:45 p.m.
BREAK

3:45 – 4:45 p.m.
Addressing Underserved Needs: How to Better Support All Elders
1.0 elimination of bias credit applied for
This session will bring awareness and understanding to the personal circumstances and unique issues facing certain commonly underserved populations of elders. The panelists will highlight the needs, gaps, and barriers faced by elders who are “solo,” identify as LGTBQ, or live in rural Minnesota communities, and identify current efforts and ways for all elder law attorneys to be involved in practical solutions to eliminate disparities in access to services and representation.
– Paul R. Blom, Linda J. Camp & Kristin Parendo
– Marit Peterson, moderator

4:45 – 5:45 p.m.
INSTITUTE RECEPTION
Gather with your colleagues and friends for some cheerful camaraderie and connection!

IN-PERSON LIVE PRESENTATION
Thursday & Friday, October 10 & 11, 2019
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

LIVE WEBCAST – DAY 1 ONLY
Thursday, October 10, 2019
Attend online
Registrants of the live webcast may attend Day 2 in-person.

IN-PERSON REPLAYS
There are no in-person replays.

$425 MSBA members / $425 paralegals / $495 standard rate

Other discounts that may apply:

• Season Pass Discount
• New Lawyer Discount

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 12.25 CLE credits, including 1.0 ethics credit for the Day 1 afternoon plenary and 1.0 elimination of bias credit each for session #302, the 9:00-10:00 plenary on Day 2, and the closing plenary on Day 2. The maximum number of total credits attendees may claim for this course is 12.25 credits.

Registrants will receive electronic access to the seminar written materials through the Minnesota CLE website a few days prior to the Institute. Log in to your account and go to My Account > Seminar Registrations to view the materials. At the seminar, attendees will receive hard copy materials for the plenary sessions and breakout sessions attended. 

Can't attend? The Institute materials are available in hard copy for $95 (plus tax and handling) or electronically for $95 (plus tax). Either may be purchased online at www.minncle.org after the Institute.