Tuesday, July 14, 2020
9:00 AM - 4:00 PM
A New Seminar That Offers Important, Practical Lessons in Neuroscience and the Broad Legal Implications of Degenerative Brain Disease
The legal profession needs dementia-capable practitioners who understand broadly the cognitive science, issues and impacts of Alzheimer’s and dementia, and who effectively and empathetically advise clients and help inform other colleagues.
This is an important seminar for anyone seeking to be a dementia-capable professional:
Each attendee will receive a free electronic copy of a Legal Quicksheet™ on Capacity.
Originally presented February 3, 2020
Welcome & Introduction (5 MINUTES)
Aging and Dementia: Medical Perspective on Capacity, Competency, and Vulnerability to Exploitation (60 MINUTES)
Aging is the number one risk factor for Alzheimer’s dementia. Differentiating normal aging from early dementia can be extremely challenging. The session will review how clinicians evaluate cognitive and behavioral changes to make the diagnosis of Alzheimer’s disease and other causes of dementia. Dr. Orr will also discuss the medical determination of cognitive capacity, how it relates to competency, and examples of cognitive and physical dependency leading to financial exploitation.
– Dr. William B. Orr
Ethical Issues for Attorneys: How to Avoid the Pitfalls of Competency, Conflicts, and More (60 MINUTES)
1.0 ethics credit applied for
Working with clients in various stages of Alzheimer’s or dementia, and with their families and caregivers, poses unique ethical issues for the attorney. This session will walk through common ethical issues lawyers may encounter such as: diminished capacity, undue influence, conflicts of interest, and more.
– Stuart C. Bear & Dyan Williams
Paying for Care: Medicare and Medical Assistance Primer (60 MINUTES)
This session will review benefit options that may be available to clients with Alzheimer’s or dementia, including: Medicare basics and how to advise clients regarding benefits; the basics of qualifying for Medicaid and pitfalls to avoid; long-term care options and benefits that may be applied to pay for them – such as personal care homes or nursing homes and care at home; and more.
– Brenna Galvin & Laura Zdychnec
Alzheimer’s – A Personal Journey (60 MINUTES)
Nancy Kiskis has been an attorney with Moss & Barnett for 30 years, practicing in the area of tax and estate planning. She retired at the end of 2019. Nancy’s husband, Lenny, was diagnosed with young onset Alzheimer’s at the age of 56. After eight years of agonizing decline, he died in 2013 at the age of 64. After Lenny’s death, Nancy and her children began advocating to raise public awareness of Alzheimer’s, a disease that has no treatment, no cure and no hope. She and her children lobby in Washington DC each year for funding to find treatment and a cure for Alzheimer’s. Nancy will share her personal journey from beginning signs of the disease through her husband’s devastating decline and death. She will talk about her experiences as a caregiver, as well as the legal issues that arose throughout her family’s journey.
– Nancy M. Kiskis
How to Evaluate the Need for Guardianship or Conservatorship in the Context of Alzheimer’s or Dementia (30 MINUTES)
Decisions about the need for guardianship or conservatorship are complex and should never be based purely on a diagnosis of Alzheimer’s or any other disease or disability. There are many ways to ensure that someone with Alzheimer’s or dementia has their needs met without the use of guardianship or conservatorship. This session will review the various options available, resources for support, and practical pointers for how lawyers can effectively guide clients and families through an evaluation process.
– John A. Kantke
Working with and Supporting Families and Caregivers: Tips for Lawyers (30 MINUTES)
While working with clients and families impacted by Alzheimer’s, dementia, and other cognitive impairments, lawyers essentially become part of a broader care and services team. The physical, emotional, financial and other stressors at play can wear on everyone involved. This session will help lawyers understand current research, efforts, and supports available for caregivers, why it’s important for lawyers to have this information, and practical tips for lawyers to sustain their own practices in this area.
– Joseph E. Gaugler, PhD
Colleagues and Capacity: Supporting the Transition of Older Lawyers (60 MINUTES)
1.0 elimination of bias credit applied for
As the general population lives longer, many lawyers are practicing longer. While senior lawyers have deep knowledge and experience to share, they also are at an increased risk for declining physical and mental capacity, potentially resulting in disability – and malpractice and professional responsibility implications if the signs are ignored. This session is designed for colleagues and peers who may observe changes in behavior that give rise to concerns. It discusses how to recognize and obtain help when you, a work colleague, or other professional colleague may be in declining physical, mental, or cognitive health that affects behavior, conduct and performance, as well as ethical concerns. And the program will explore how our biases can stand in the way of offering and accepting help.
– Joan M. Bibelhausen & Binh Tuong
Minnesota CLE is applying to the Minnesota State Board of CLE for 6.0 CLE credits, including 1.0 ethics credit and 1.0 elimination of bias credit. The maximum number of total credits attendees may claim for this program is 6.0 credits.
All course materials will be provided electronically. They include: