2021 Basics of Elder and Special Needs Law

8:55 Welcome and Introductions

9:00 Ethical Issues Arising in Representation^*

Joshua T. Walthall, Nelson Mullins Riley & Scarborough LLP, Raleigh

Identify and navigate ethical issues that arise when representing elderly clients or clients with disabilities. This presentation walks through the process of identifying the client, working with fiduciaries and family members of a client, exploring the representation of a person with questionable capacity, and other related ethical considerations.

9:59 Cultural Competence and LGBTQIA+ Communities

Connie J. Vetter, Connie J. Vetter Attorney at Law PLLC, Charlotte

Cross-cultural competency is critically important for elder and special needs law attorneys. Gain insight into what cultural competence is and its components. Then discuss the LGBTQIA+ communities, how the law impacts your clients who identify with these communities and how to better serve them.

10:59 Break

11:09 Introduction to Medicaid Eligibility and Planning Techniques

Brian T. Lawler, The Van Winkle Law Firm, Asheville

The elder and special needs law practitioner often confronts issues related to long-term care planning and Medicaid eligibility. This session is intended to provide you with a general overview of Medicaid eligibility and expose you to some of the basic asset protection techniques often used in both advanced planning and crisis settings.

12:39 Lunch Break

1:09 Using Trusts in Elder and Special Needs Planning

Aimee L. Smith, Craige Jenkins Liipfert & Walker LLP, Winston-Salem

Delve into the basic types of trusts and taxation, including grantor and non-grantor trusts, and the applicable Medicaid rules. Learn how and why trust tax rules drive trust design.

2:06 Resources and FAQs You Have Been Afraid to Ask

Andrew D. Atherton, McGuire Wood & Bissette PA, Asheville
Kathleen R. Rodberg, McGuire Wood & Bissette PA, Asheville

Elder and special needs law are nuanced and ever-changing fields. Successfully developing solutions for your clients requires not just an understanding of the law, but also of where to find answers. From the mundane to the complex, no question is too trivial for this panel of experienced attorneys.

3:07 Break

3:17 Basics of Guardianship

Mariah D. McKinney, Garlock & McKinney, Black Mountain

Review the process of adjudicating a person incompetent and appointing a guardian, as well as administering a guardianship from a lawyer's perspective.

4:18 Putting It All Together: Case Studies in Elder Law and Special Needs Planning

John R. Potter, Potter Law Firm, Charlotte

Elder law cases often do not stay in nice, neat boxes. After a day of exploring aspects of elder law from ethics to Medicaid planning and guardianships to trusts, this final session looks at case studies showing how these pieces fit together, how they can awkwardly overlap and how they sometimes just plain complicate each other.

5:18 Adjourn

* Indicates portion providing Ethics/Professional Responsibility credit

Thank you

Thank you for joining us for 2021 Basics of Elder and Special Needs Law.

Description

The 2021 Basics of Elder and Special Needs Law program offers a foundational knowledge base for building an elder and special needs law practice.

Contributors

Andrew D. Atherton

Andrew D. Atherton is the practice group chair of the Estate Planning, Elder and Special Needs Law Practice Group with McGuire Wood & Bissette PA. He earned his law degree from Northern Kentucky University. He is licensed to practice law in Kentucky and North Carolina.

Andrew advocates and drafts legislation for North Carolina Seniors and disabled adults as the current legislative co-chair and past chair of the NCBA Elder & Special Needs Law Section. He is a North Carolina NAELA board member and Treasurer of the MemoryCare board.

Andrew has been an instructor for the North Carolina Bar Association, Community Foundation of Western North Carolina, National Business Institute, UNC Asheville Osher Lifelong Learning Institute and North Carolina NAELA, in the areas of Special Needs Trusts, Trusts, Powers of Attorney, Guardianship, Medicaid and the ABLE Act.

Click here for more information about Andrew.
Marjorie J. Brown

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.

Click here for more information about Marjorie.
Brian T. Lawler

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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Mariah D. McKinney

Mariah D. McKinney is a partner in the law firm of Garlock & McKinney PC, where she dedicates her practice to the areas of estate planning, estate administration and guardianship law.

Mariah was admitted to practice law in North Carolina in 2004. In addition to her years in private practice, she worked several years serving in the public sector with the North Carolina Judicial Branch as Associate Legal Counsel to the North Carolina Clerks of Superior Court, and as Assistant Clerk of Court in the Estates Division both in Wake County and Buncombe County. She also provides legal and fiduciary support services with her law partner, Victor C. Garlock, in his roles as the Buncombe County Public Guardian and Founder of Fidelicare, Inc. She is a member of the North Carolina State Bar and the Buncombe County Bar.

Mariah earned her B.A. degree at the University of North Carolina at Wilmington and she earned her J.D. degree at the North Carolina Central University School of Law.

Click here for more information about Mariah.
John R. Potter

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

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.

Click here for more information about Kathleen.
Aimee L. Smith

Aimee L. Smith is a partner at Craige Jenkins Liipfert & Walker LLP in Winston-Salem. Her practice areas include elder law, special needs trust planning, estate planning, estate administration, and guardianships.

Aimee is a member of the Forsyth County Bar Association, Forsyth County Women Attorneys Association, and the North Carolina Bar Association. She is also a past member of the Board of Directors of Financial Pathways of the Piedmont. She currently serves on the Board of Directors of three local non-profit organizations: The Shepherd's Center of Greater Winston-Salem, Salemtowne Retirement Community, and Experiment in Self Reliance.

Aimee earned her B.A. from the University of North Carolina at Greensboro and her J.D. from Wake Forest University School of Law

Click here for more information about Aimee.
Connie J. Vetter

Connie J. Vetter is the go-to LGBTQ Law attorney in the Charlotte area for over 25 years. Her legal practice focuses on the needs of LGBTQ individuals and couples as well as the larger community. Her practice areas include Estate Planning, Adoption and Surrogacy, Name and Gender Marker Changes, and Adult Guardianship. She is also a mediator for the U.S. Postal Service.

Connie received the Julius Chambers Diversity Champion Award from the Mecklenburg County Bar and has been honored by the ACLU of North Carolina. In 2020, she received the Person of the Year Award from QNotes newspaper.

Connie currently serves on the Board of Directors for the Pauli Murray LGBTQ+ Bar Association.

Click here for more information about Connie.
Joshua T. Walthall

Joshua T. Walthall is a professional licensing attorney at Joshua Walthall Attorney at Law in Raleigh. He focuses his practice on representing lawyers, physicians, nurses, dentists, land surveyors, engineers, real estate agents, accountants, and other professionals in legal proceedings before administrative licensing boards. He assists clients in navigating issues related to highly regulated professions, including the unauthorized practice of law and issues before the Board of Law Examiners.

Joshua also provides confidential, practical advice to lawyers and law firms facing professional ethics dilemmas, including Bar or criminal investigations, employee theft, unfair competition and business practices, firm dissolutions, and other risk management. He can also audit or investigate trust account records and provide guidance on how to correct trust accounting errors and maintain best practices.

Joshua was formerly with Nelson Mullins in Raleigh. Before entering private practice, Josh spent nearly a decade at the North Carolina State Bar prosecuting attorney misconduct and the unauthorized practice of law.

Joshua earned his B.A. from the College at Southeastern and his J.D. from Campbell University Norman Adrian Wiggins School of Law.

Prior to law school, Joshua worked in the land surveying, banking, and construction industries and was a middle school teacher and soccer coach.

Click here for more information about Joshua.

Thank you

Description

Contributors

Andrew D. Atherton

Marjorie J. Brown

Brian T. Lawler

Mariah D. McKinney

John R. Potter

Kathleen R. Rodberg

Aimee L. Smith

Connie J. Vetter

Joshua T. Walthall