7:55 Welcome and Introductions
8:00 2020 Legislative Updates
Brian T. Lawler, The Van Winkle Law Firm, Asheville
Dive into key legislative decisions for elder and special needs law practitioners.
9:30 Break
9:40 Special Needs Planning
Ryan F. Platt, A Special Needs Plan Inc., Charlotte
Analyze the aspects of special needs planning, from determining the lifetime funding support needs for those with special needs, to transitioning care from parents to the next generation of care givers. Consider the team that needs to be in place and the communication between team members, family members and clients.
10:40 Break
10:50 Elder Fraud and Abuse Updates
Meredith S. Smith, UNC School of Government, Chapel Hill
Aimee N. Wall, UNC School of Government, Chapel Hill
The various components of North Carolina's elder protection system frequently try to find better ways to collaborate and develop a stronger, more systemic approach to elder protection. One way professionals in various disciplines can collaborate to address elder abuse is through the formation of multidisciplinary teams (MDTs). This session provides an introduction to elder abuse MDTs in North Carolina and the benefits they can bring. It also explores some of the challenges facing teams, such as the absence of express statutory authorization and complicated confidentiality laws that can impede information sharing. Then, receive information about the resources available to help participants learn more about this work and connect to elder abuse MDTs operating across the state.
11:50 Break
12:00 Elder Law Specialization Panel
Marjorie J. Brown, Elder Law & Estate Planning Solutions of the Piedmont, Concord
Kathleen R. Rodberg, McGuire Wood & Bissette PA, Asheville
Letha S. McDowell, Hook Law Center PC, Kitty Hawk
How do I become a board-certified specialist? What study materials are available? What are the benefits? Where do I even start? Becoming a board-certified specialist through the North Carolina State Bar or a Certified Elder Law Attorney (CELA) through the National Elder Law Foundation can seem like an overwhelming task. This panel of board-certified specialists walks through the entire process, including requirements, exam preparation, recertification requirements, and practical tips and tricks for each step of the way.
1:00 Adjourn
Thank you for joining us for 25th Annual Elder & Special Needs Law Symposium.
The 25th Annual Elder & Special Needs Law Symposium offers insight from respected elder and special needs law practitioners and aging-service professionals from North Carolina.
Marjorie J. Brown is the founding member and partner of Elder Law & Estate Planning Solutions of the Piedmont in Concord. She advises clients on effective asset protection strategies and estate planning to provide the maximum benefit to all concerned. While utilizing asset protection strategies, she also aids clients in qualifying themselves or their loved ones for Medicaid. She also advises clients managing a multitude of concerns surrounding family members with dementia and Alzheimer's.
Marjorie 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. She has extensive knowledge and experience with estate planning and administration, special needs planning, and issues surrounding guardianships of adults.
Marjorie has served on the School of Government Elder Abuse Advisory Committee and serves as the Chair of the Cabarrus County Task Force for the Prevention of Elder Abuse. She currently serves on the Council of North Carolina Bar Association -- Elder Law and Special Needs Section. She also serves on the Elder Law Specialty Committee of the North Carolina Bar, and is the Board Member Treasurer of both the NC Chapter of the National Academy of Elder Law and the NC Guardianship Association.
Marjorie is a graduate from North Carolina State University and University of North Carolina School of Law.
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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.
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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.
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A. Frank Johns is Principal Partner at Booth Harrington & Johns of NC 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). He 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 President of Senior Resources of Guilford. 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).
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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.
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Brian T. Lawler is President at The Forest Law Group in Asheville. He focuses on Elder Law, Estate Planning, Medicaid Planning & Asset Protection, Incapacity Planning & Guardianships, and serving adults and children with disabilities.
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.
Brian earned his Bachelor's degree in Religious Studies from the University of North Carolina at Chapel Hill and his J.D. from Campbell University. He is licensed to practice in North Carolina and South Carolina.
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B. Bailey Liipfert III is Director & Shareholder at llman Spry Attorneys at Law in Winston-Salem. His practice focuses on elder law, disability planning, estate planning, and fiduciary administration of special needs trusts. He is a Certified Elder Law Attorney by the National Elder Law Foundation and by the North Carolina State Bar Board of Legal Specialization.
Bailey is an active member of the National Academy of Elder Law Attorneys (NAELA) and a frequent speaker at national programs. He is a former 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 on the board of directors of Commonwealth Community Trust, a nonprofit organization enriching the lives of special needs individuals throughout the United States. He serves as treasurer of Honorbridge (formerly Carolina Donor Services), a federally designated nonprofit saving lives by recovering donated organ tissue. He is a former chair of Beyond Academics, Inc., a post-secondary school education program for people with developmental disabilities. Bailey was also the former board chairman of The Adaptables Inc., a Center for Independent Living, and former chairman of the North Carolina Eye Bank, now known as Miracles in Sight, a non-profit that helps restore sight to people with damaged corneas in North Carolina, the nation, and around the world.
Bailey Liipfert is a charter member of the Special Needs Alliance, a national, non-profit organization committed to helping individuals with disabilities, their families, and the professionals who represent them.
Bailey earned his B.A. in Russian Language and Soviet Area Studies from the University of North Carolina at Chapel Hill and his J.D., cum laude, at the Norman A. Wiggens Law School at Campbell University, then in Buies Creek.
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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.
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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.
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Ryan F. Platt is a Financial and Special Care Planner and Owner of A Special Needs Plan in Charlotte. He founded A Special Needs Plan in 2005 and has been a pioneer in his field. He completed his Special Care Planner Certification at the American College in Bryn Mawr, PA, and his background includes advanced training in estate and tax planning, special needs trusts, government programs, and the emotional dynamics of working with people and families with loved ones with special needs. 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 enjoys serving the community as a member and former President of Board of Directors for The Arc of North Carolina, is the former President of The Arc of Mecklenburg County, and a volunteer with Special Olympics. He has had several articles on Special Needs Planning published and is a frequent speaker including engagements with The National Autism Association Convention, The Arc of North Carolina's Statewide Conference, The Autism Society of NC, the Down Syndrome Association of Greater Charlotte, and more.
After graduating from Wake Forest University with a B.A. in Economics, Ryan completed his M.B.A. from Colorado State University, and continued his financial planning education by completing his Chartered Financial Consultant® (ChFC®), Chartered Special Needs Consultant™ (ChSNC™) and Certified Family Business Specialist (CFBS) designations.
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John R. Potter is an estate planning and elder law attorney at the The Potter Law Firm with offices in the Ballantyne area of Charlotte and in Huntersville. His practice focuses on estate planning law, including planning with Trusts and Wills, and elder law, including special needs trusts, Medicaid planning, and Veterans Aid & Attendance benefits planning.
John is designated as a Certified Elder Law Attorney by the National Elder Law Foundation and as a Board Certified Specialist in Elder Law by the North Carolina State Bar. He 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.
Prior to moving to North Carolina in 2012 and opening The Potter Law Firm, John practiced litigation, including trust and estate litigation at the law firm of Taft Stettinius & Hollister LLP in Cincinnati, OH. His experience with the tragedy of estate and trust litigation led him to estate planning to help families put proper planning in place to minimize family disputes. John practiced estate planning and elder law in the northern Kentucky office of his family's law firm beginning in 2008.
John earned his B.A. in Economics from Davidson College and his J.D. from the University of Virginia School of Law. He is admitted to practice law in North Carolina, South Carolina, Kentucky and Ohio, and he is accredited by the Department of Veterans Affairs.
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Kathleen R. Rodberg is a Shareholder at McGuire Wood & Bissette PA in Asheville. Her principal areas of practice are trusts, estates, and elder law. She is a North Carolina State Bar Board Certified Specialist in Elder Law.
Kathleen regularly helps clients establish and administer guardianship and special needs trusts, develop comprehensive Medicaid and long-term care plans, and prepare traditional estate planning documents. In addition, she frequently gives presentations on topics like recent developments in elder law, special needs trust taxation, and probate matters.
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 earned her B.A. in Political Science and German from the University of North Carolina at Chapel Hill and J.D. from Wake Forest University School of Law.
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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.
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Meredith Stone Smith is the 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, Meredith 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.
Meredith earned her B.A., with distinction, in Political Science and Spanish from the University of North Carolina at Chapel Hill and J.D., cum laude, from Georgetown University School of Law, where she was a member of the American Criminal Law Review.
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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.
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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.
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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 PA and served clients in Northeast Florida. He is a licensed to practice law in the states of Florida, Utah and Colorado (inactive).
Jim earned his B.A. in Journalism from Utah State University and his J.D. from University of Oregon School of Law.
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