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Day 1 | 25th Annual Elder & Special Needs Law Symposium

7:55        Welcome and Introductions

8:00        Interpreting and Applying Rule 1.14 in Light of the Paradigm Evolution*

Roger T. Manus, Campbell University School of Law, Raleigh

This session explores the paradigm evolution from paternalism to respect and self-determination, with illustrations from guardianship reform efforts. Then walk through how to apply the new paradigm to the interpretation of Rule 1.14, with support from Aspirational Standards.

9:00        Break

9:15        Keynote Address: NC Medicaid Transformation

Matthew W. "Matt" Wolfe, Parker Poe Adams & Bernstein LLP, Raleigh

Medicaid Managed Care transformation efforts have restarted and changes are set to begin taking effect as soon as July 1, 2021. Gain insight into the developments of Medicaid transformation, what to expect in the coming this year and next and the impact impending changes may have on clients' continued access to healthcare.

10:45      Break

11:00      Technology Hour‡

Douglas E. "Doug" Koenig, Law Offices of Douglas E. Koenig PLLC, Durham

The 2020 pandemic forced "virtual" on law firms in new ways. This presentation reviews some of the technological and practice changes we experienced and explores aspects of a virtual practice that are necessary when working with elder clients. We then discuss future trends for post-pandemic operations.

12:00      Lunch Break

TRACK SESSIONS (Please choose the Advanced Track or the Basics Track for each session.)

12:30      Breakout Session:

Advanced: Advanced Fiduciary Representation and Litigation

A. Frank Johns Jr., Booth Harrington & Johns of NC PLLC, Greensboro

Recap the basic foundations of most fiduciary representations and litigation. Examine the applicable legal ethics, beginning with identifying who the client is and moving through the issues of the client's diminished capacity, confidentiality and conflicts of interest. Then, discuss the general rules of civil procedure, including discovery, presenting elements of breach of fiduciary duty and other civil wrongs framed in pattern jury instructions, addressing the award of attorneys' fees, and concluding with various forms of mediation.

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Basics: Medicaid Eligibility and Basics of Medicaid Planning

Marjorie J. Brown, Elder Law & Estate Planning Solutions of the Piedmont, Concord

This session provides a broad overview of Medicaid benefits, eligibility and planning techniques. Hear considerations and strategies for long-term care planning.

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1:30        Break

1:40        Breakout Session:

Advanced: Beyond the Basics of Medicaid Planning

Lisa Salines-Mondello, Salines-Mondello Law Firm PC, Wilmington

Take a deep dive into Medicaid planning, including understanding asset prevention and how to achieve Medicaid eligibility.

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Basics: An Introduction to Special Needs Trusts

Jim Wolverton, ElderCounsel, Bend, OR

In this introductory session, receive a high-level overview of first- and third-party special needs trusts and review some of the public benefits you need to be familiar with in order to serve clients with special needs. Then, consider the basic characteristics of pooled special needs trusts and what specific elements to look for when advising clients as they compare providers.

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3:10        Break

3:20        Breakout Session:

Advanced: Top 10 Social Security Administration and Medicare Questions

Warren W. Coble, Warren Coble & Associates Inc., Asheboro

Explore the top five Medicare questions: How and when do you sign up for Medicare? How does Medicare work? What costs are involved in Medicare? What is the difference between Medicare supplements and Medicare Advantage plans? How do I choose a Medicare Prescription Plan? Then, walk through the top five Social Security Administration questions: How much will I receive? When is the best time to sign up? Can I receive benefits from my spouse and save my own record for more money later? Can I work and receive Social Security? Will my benefits be considered taxable income?

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Basics: Case Studies in Asset Protection

John R. Potter, Potter Law Firm, Charlotte

Geared towards providing practical examples of how various elder law planning strategies combine to create solutions for typical families, this session uses case studies to explore asset protection options in common client situations. These situations include emergency Medicaid planning for an individual in need of nursing home care, Medicaid pre-planning with an irrevocable trust, and a parent's pre-mortem planning for a child with special needs.

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4:20        Break

4:30        Breakout Session:

Advanced: Housing Options for Elders and Persons With Disabilities

B. Bailey Liipfert III, Liipfert Law Group PLLC, Winston-Salem

Examine the housing options available to the elderly and persons with disabilities, how to access them, and how to stay in place. Then, take a look at potential resources available to cover care for those with disabilities — including Title III of the Older Americans Act, Medicaid, wavier programs, long-term care insurance and employment — in a home, a home with services, a shared home with children or siblings, independent living, assisted living, residential care, and continuing care retirement communities. Finally, consider the emerging technologies that increase the odds of independent living, such as smart watches and monitoring devices.

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Basics: The Guardianship Process From Petition to Adjudication

Victor C. Garlock, Garlock & McKinney, Black Mountain

Gain insight into the guardianship process, starting with considerations prior to filing a petition, the type of proceeding, jurisdiction and venue, the parties involved, and the filings and pleadings. Then, discuss the service of process and notice, mediation, and what to expect during the proceedings. Wrap up the guardianship process with a review of appeals, cost and attorney's fees.

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5:30        Adjourn

*Indicates portion providing Ethics/Professional Responsibility credit
‡ Indicates portion providing Technology Training credit

Thank you

Thank you for joining us today for day one of 25th Annual Elder & Special Needs Law Symposium. We'll see you tomorrow.


  • Marjorie J. Brown

    Marjorie J. Brown is the founding member and partner of Elder Law & Estate Planning Solutions located in Concord. She is certified as a Specialist in Elder Law by the North Carolina State Bar Board of Specialization and is also Certified as an Elder Law Attorney (CELA) by the National Elder Law Foundation. As one of the few attorneys of color practicing Elder Law in the state of North Carolina, Marjorie has a multitude of experiences, personally and professionally, with cultural competence.

    Marjorie is a 1990 graduate from North Carolina State University and a 1994 graduate of UNC-Chapel Hill School of Law. Marjorie has served on the School of Government Elder Abuse Advisory Committee and is on several Boards and Committees throughout Cabarrus County, including the Cabarrus County Chamber of Commerce, Coltrane LIFE Adult Day Care Center and the Cabarrus County Task Force for the Prevention of Elder Abuse.

    Marjorie has been married for 25 years and has two daughters: one a 3L in law school and the other a junior in college.

    Click here for more information about Marjorie.

  • Warren W. Coble

    Warren W. Coble is the Owner and President of Warren Coble & Associates, Inc. He had 26+ years experience with the Social Security Administration with 17 years as a Claims Representative advising individuals on Social Security options. He has been in Private Practice over 19 years. Principal areas of practice are Social Security Retirement and Disability, Medicare and Medicare Supplement Insurance/Part D Plans (Rx plans)/Advantage Plans.

    Mr. Coble obtained a Business Certificate in 1972 from Bob Jones University. He is a member of the Society of Certified Senior Advisors (CSA), a member of the National Organization of Social Security Claimants Representatives (NOSCCR), a member of Professional Insurance Agents of North Carolina (PIANC) and a NC licensed insurance agent.

    Click here for more information about Mr. Coble.

  • Victor C. Garlock

    Victor C. Garlock began his practice of law upon his admission to the New York Bar in 1992. He made it to Asheville in 1997, took the North Carolina Bar and was admitted in February, 1998. After a brief stint working for another attorney in the Asheville area, Victor began his own practice in the fall of 1998.

    At the same time, Victor also began a personal bookkeeping business he called Daily Money Management, which became Fidelicare, Inc., in 2010. Fidelicare is devoted to helping people needing assistance with their daily affairs and supporting individuals serving others as trustee, attorney-in-fact (power of attorney) or guardian. Fidelicare also provides trustee services for trusts, including Special Needs Trusts.

    Victor maintained a solo law office until 2015, when Mariah McKinney joined his practice. In 2016, Victor and Mariah founded Garlock & McKinney PC, with offices in Black Mountain.

    Victor's practice areas include estate planning, estate administration (probate), guardianship law and business organization. As the Public Guardian for Buncombe County, North Carolina, the Clerk of Court appoints Victor to serve as Guardian of the Estate for incompetent adults and children. Victor is a member of the Buncombe County Bar, the North Carolina Bar Association and the North Carolina Guardianship Association. He volunteers with the Pisgah Legal Services Mountain Area Volunteer Lawyer Program to provide wills and powers of attorney to low income residents of Western North Carolina. He also works with Pisgah Legal Services to provide a telephone guardianship clinic to help low income clients needing assistance with guardianship matters.

    Click here for more information about Victor.

  • A. Frank Johns Jr.

    A. Frank Johns Jr. is a Principal Partner at Booth Harrington & Johns in Greensboro. He was the first North Carolina attorney to earn an LLM, Masters in Law in Elder Law from Stetson University College of Law, and currently also serves on its faculty as an adjunct professor of law.

    Frank is a leader of the National Academy of Elder Law Attorneys, having served on its Board (1992-2002), as President (1999-2000), Charter Chair of the Carolinas Chapter (1993), Charter Chair of the reorganized North Carolina Chapter (2011), Publications Chair (2010-2012), Editor in Chief of the NAELA Journal (2008-2010) and Steering Committee Chair (2006-2007) and current member of NAELA-CAP (Council of Advanced Practitioners). Johns organized and chaired the North Carolina Bar Association Elder Law Committee (1993), and organized and was the charter chair of the North Carolina Bar Association Elder Law Section Council (1995-1997). Johns also served as a charter member of the North Carolina State Bar Elder Law specialization committee.

    Frank currently serves as Vice President of Senior Resources of Guilford and is the immediate past president of the Greensboro Chapter of the Society of Financial Service Professionals. Along with countless published articles and manuscripts, Johns co-authored Counseling Older Adults (2005), and was a contributing research expert in Why Wills Won't Work (2007).

    Click here for more information about Frank.

  • Douglas E. "Doug" Koenig

    Douglas E. "Doug" Koenig focuses his practice on Elder Law, Estate Planning, and VA Disability representing clients throughout North Carolina. He frequently offers his time and expertise to various programs, including LEAP (via the NC Bar Association), Legal Aid of North Carolina, the UNC Pro Bono Cancer Clinic, and other organizations.

    Doug is a graduate of the Michigan State University College of Law and was involved in the business law and alternative dispute resolution programs. He also holds a degree in Metallurgical Engineering from Dartmouth College at the Thayer School of Engineering.

    Click here for more information about Doug.

  • Brian T. Lawler

    Brian T. Lawler is an attorney with the Van Winkle Law Firm in Asheville. He practiced almost entirely in the area of Elder and Special Needs Law, and is a member of the Elder and Special Needs Law Section Council, a member of NAELA, and frequently collaborates on several local and regional aging policy coalitions.

    Prior to embarking on his legal career, Brian worked in social services for nearly a decade serving children, adults, and families throughout Western North Carolina. This experience uniquely positions him to understand the wholistic needs of clients facing capacity limitations. In addition, Brian's background lends well to successfully managing relationships within the public sector to ensure clients have access to the myriad of community resources available to them.

    Brian received his Bachelor's degree from the UNC-CH and his J.D. degree from Campbell University. He is licensed to practice in North Carolina and South Carolina.

    Click here for more information about Brian.

  • B. Bailey Liipfert III

    B. Bailey Liipfert III is firm principal of Liipfert Law Group PLLC in Winston-Salem. He is of counsel to the firm of Walker Lambe PLLC in Durham.

    Bailey is a Certified Elder Law Attorney by the National Elder Law Foundation and by the North Carolina State Bar Board of Legal Specialization. His practice focuses on elder law, disability planning, estate planning and fiduciary administration of special needs trusts. He is an active member of the National Academy of Elder Law Attorneys (NAELA) and a frequent speaker at national programs. He is the immediate past president of the North Carolina Chapter of NAELA, and is a former chairman of the North Carolina Elder Law Section of the North Carolina Bar Association. He frequently is appointed trustee of trusts for persons with severe disabilities in all parts of North Carolina.

    Bailey is active in his local community and currently serves as vice chairman of Beyond Academics, Inc., a post-secondary school education program for people with developmental disabilities, and was formerly the board chairman of The Adaptables Inc., a Center for Independent Living. He is the Immediate past chairmen of the North Carolina Eye Bank, now known as Miracles in Sight, a non-profit that help restore sight to people with damaged corneas in North Carolina, the nation and around the world.

    Click here for more information about Bailey.

  • Roger T. Manus

    Roger T. Manus is on the faculty and directs the Senior Law Clinic at the Campbell University School of Law. He brings over 40 years of experience successfully advocating for elders and persons with disabilities on a wide range of issues. A former managing attorney and senior staff attorney with a mental disability law reform project, he served as lead attorney in successful class action litigation, including the Thomas S. lawsuit, at all levels of federal court. He was also in private practice for 11 years. His prior teaching experience includes stints at the Developmental Disabilities Training Institute and as an adjunct at the law school at the University of North Carolina at Chapel Hill.

    A graduate of Macalester College and NYU Law School, Manus has been honored as a Wingspread Fellow, a Root Tilden Public Interest Law Scholar and with Distinguished Service Awards from the Community Living Association and Mental Health Association of North Carolina.

    Manus chairs the Governor's Advisory Council on Aging and is a member of the North Carolina Coalition on Aging. He has served as past president and public policy co-chair of Friends of Residents in Long Term Care, a statewide grassroots advocacy organization. Other affiliations include consultant to Arc/NC Lifeguardianship Supports and Services (present), consultant to the Governor's Advocacy Council for Persons with Disabilities (past), and Director of the Domiciliary Home Advocacy Project (past).

    Numerous publications complement his teaching, litigation and legislative advocacy work.

    Click here for more information about Manus.

  • Letha S. McDowell

    Letha S. McDowell is a shareholder of Hook Law Center, P.C. practicing in the areas of estate planning, elder law, special needs planning, estate and trust administration, asset protection planning, long-term care planning, personal injury settlement consulting, guardianships & conservatorships and tax law. Ms. McDowell is a 2001 graduate of Purdue University and a 2004 graduate of the University of Maine's School of Law.

    In addition to being licensed in the state of Virginia, Ms. McDowell is licensed in the state of North Carolina, allowing her to work with the firms North Carolina residents, as she is one herself. Ms. McDowell was named as a Fellow of the prestigious American College of Trusts and Estates Council ("ACTEC") in 2020 and she is certified by the National Elder Law Foundation and Board Certified as a specialist in Elder Law by the North Carolina State Bar Board of Legal Specialization. Furthermore, McDowell is accredited to prepare and prosecute claims with the Department of Veterans Affairs.

    Ms. McDowell is the 2020-2021 President Elect for the National Academy of Elder Law Attorneys ("NAELA"), and will be the NAELA President for the 2021-2022 year. In addition, she currently serves on NAELA's Finance Committee and Federal Public Policy Committee and is a board member for the North Carolina State NAELA chapter. In the past she has served as Chair of NAELA's Programs and Publications Committee assisting in the development of NAELA's online basics program, and served as Chair of NAELA's 2016 Annual Conference in Denver, Colorado. In addition, she is the former Chair of the North Carolina State Bar's Elder Law Specialization Committee and is the former Editor-in-Chief of "Gray Matters", the newsletter for the Elder Law Section of the North Carolina Bar Association.

    Click here for more information about Ms. McDowell.

  • Ryan F. Platt

    Ryan F. Platt founded A Special Needs Plan in 2005, and has been a pioneer in his field. He's passionate about meeting with families, learning their concerns, understanding their values, and helping them reach their goals. He excels in creating plans that help secure the needs of two generations.

    Ryan graduated from Wake Forest University in 1996 with a B.A. in Economics, completed his MBA from Colorado State University in 2003, and continued his financial planning education by completing his Chartered Financial Consultant®, Chartered Special Needs Consultant™ and Certified Family Business Specialist designations. He's grown A Special Needs Plan into an elite, nationally recognized planning firm.

    Ryan believes in collaboration, accountability, and planning, followed closely by taking action in order to ensure goal achievement. Ryan lives in Kannapolis with his wife Lisa and their 4 children: Kade, Carter, Alexis and Emily.

    Click here for more information about Ryan.

  • John R. Potter

    John R. Potter is an estate planning and elder law attorney in the Charlotte area with offices in Ballantyne and Huntersville.

    John received his B.A. in economics from Davidson College and his law degree from the University of Virginia. John is a member of the National Academy of Elder Law Attorneys and the Estate Planning and Elder Law Sections of the North Carolina Bar Association, where he serves on the Elder Law Section Council and the Estate Planning Section's Legislative Committee. John also currently serves as Chair of the Estate Planning and Probate Section of the Mecklenburg County Bar.

    John is admitted to practice law in North Carolina, South Carolina, Kentucky and Ohio, and he is accredited by the Department of Veterans Affairs.

    Click here for more information about John.

  • Kathleen R. Rodberg

    Kathleen R. Rodberg is a member of McGuire Wood & Bissette P.A. in Asheville. Kathleen is a board-certified specialist in elder law through the North Carolina Bar and a Certified Elder Law Attorney (CELA) through the National Elder Law Foundation. Her principal areas of practice are trusts, estates, and elder law. Kathleen uses her specialized knowledge to develop creative and successful solutions for her clients.

    Kathleen is the immediate past chair of the North Carolina Bar Association's Elder & Special Needs Law Section and serves on the elder law specialty committee for the North Carolina State Bar.

    Kathleen received her B.A. from the University of North Carolina at Chapel Hill and her J.D. from Wake Forest University School of Law.

    Click here for more information about Kathleen.

  • Lisa Salines-Mondello

    Lisa Salines-Mondello is owner/principal of Salines-Mondello Law Firm, PC in Wilmington. Her principal areas of practice are elder law, estate planning, and special needs planning. She is certified as an Elder Law Attorney (CELA) by the National Elder Law Foundation (NELF), a North Carolina State Bar Certified Specialist in Elder Law, accredited by the Veteran's Administration, and licensed in Insurance, Medicare Supplement and Long-Term Care. Designated as a Super Lawyer for 2019-2021, Lisa is a member of the North Carolina Board of Specialization, North Carolina Bar Association's Elder & Special Needs Law and Estate Planning & Fiduciary Law Sections, North Carolina and Massachusetts Bars, National Academy of Elder Law Attorneys, and the New Hanover County Estate Planning Council.

    Lisa received her B.S. degree from Salem State College in 1987, her J.D. degree from the University of Massachusetts School of Law in 1995, and her LL.M. degree in Taxation from Boston University School of Law in 1999.

    Click here for more information about Lisa.

  • Meredith S. Smith

    Meredith S. Smith is a Albert and Gladys Hall Coates Distinguished Term associate professor of public law and government with UNC School of Government in Chapel Hill. She joined the School of Government in 2013. Previously, she was an associate with the law firm of McGuireWoods LLP in Charlotte, where she practiced with the real estate, corporate, and restructuring and insolvency groups on matters related to a wide range of issues including commercial loan modifications, foreclosures, bankruptcy, corporate governance, mergers and acquisitions, commercial leasing, and real estate purchase and sale contracts.

    Smith earned a BA in political science and Spanish, with distinction, from the University of North Carolina at Chapel Hill and a law degree, cum laude, from Georgetown University School of Law, where she was a member of the American Criminal Law Review.

    Click here for more information about Smith.

  • Aimee N. Wall

    Aimee N. Wall is a senior associate dean, professor of public law and government with UNC School of Government in Chapel Hill. She joined the School of Government in 2001 and has served as senior associate dean since July 2020. Her expertise in the area of social services law focuses on agency organization and governance, the confidentiality of social services information, adult protective services, and public assistance programs. In the animal control law field, she works with local governments on issues such as rabies control, dangerous dogs, and animal cruelty. She also coordinates educational programs for legislators and legislative staff. Until 2011, Wall worked primarily in the public health law field, where her research areas included confidentiality of health information, environmental health inspection and permitting programs, regulation of smoking in public places, and the responsibilities and authority of local boards of health. She has held the Thomas Willis Lambeth Distinguished Chair in Public Policy.

    Prior to joining the School, Wall practiced health care law with Powell, Goldstein, Frazer and Murphy in Washington, DC, and served as a health policy analyst in the Office of the Secretary in the US Department of Health and Human Services.

    Wall is a member of the North Carolina State Bar and the District of Columbia Bar. She earned a BA in English from Ohio State University and a JD/MPH from the University of North Carolina at Chapel Hill.

    Click here for more information about Wall.

  • Matthew W. "Matt" Wolfe

    Matthew W. "Matt" Wolfe is a partner with Parker Poe Adams & Bernstein LLP in Raleigh. He guides clients through the evolving legal and regulatory environment to meet their business needs and the needs of those they serve. Clients have relied on him to navigate federal and state health reform, Medicaid and Medicare changes, and a broad variety of health law and policy. He works proactively with clients to ensure compliance and minimize violations. Matt provides counsel to health care clients who are growing, exiting, or otherwise adapting to the increasingly complex health care industry.

    Prior to joining Parker Poe, Matt served as a law clerk for the Honorable James C. Dever III, United States District Judge for the Eastern District of North Carolina. While at Duke University School of Law, Matt served as an article editor on the Duke Law Journal and was a member of the National Moot Court team and the Mock Trial Board.

    Click here for more information about Matt.

  • Jim Wolverton

    Jim Wolverton is the Director of Education with ElderCounsel LLC in Evergreen, CO. He assists with the creation and presenting of ElderCounsel's educational programing. Throughout his career, he has worked with attorneys of all skill levels to better understand and apply relevant legal concepts and business strategies associated with running profitable law firms.

    Prior to joining ElderCounsel, he was the co-owner of Livingston Wolverton & Sword P.A. and served clients in Northeast Florida. He is a licensed to practice law in the states of Florida, Utah and Colorado (inactive).

    Jim lives in Denver and enjoys exploring the Rocky Mountains in his free time.

    Click here for more information about Jim.

March 4, 2021
Thu 7:55 AM EST

Duration 9H 35M

This live web event has ended.