THURSDAY, FEBRUARY 24, 2022
11:55 Welcome and Introductions
12:00 Medicaid Updates and Practice Tips, COVID Impacts, Estate Recovery, Managed Care, and More
Douglas S. Sea, Charlotte Center for Legal Advocacy, Charlotte
Hear the very latest on the fast-changing landscape of the NC Medicaid Program and how you can help your clients navigate the challenges and opportunities these changes present.
1:00 Break
1:10 Technology, Security and Best Practices in an Elder Law Practice‡
Catherine Sanders Reach, North Carolina Bar Association, Cary
Misfired emails. Erroneous attachments. Video conferencing bloopers. The Internet of Things. Improperly applied redaction. Overactive spam filters. Phishing. Exposed metadata. Weak passwords. Lost mobile devices. The list goes on. A lawyer's duties of competence and confidentiality are only two of the reasons to be security aware and competent in the use of technology. In this session, explore common threats to law firm security and how to avoid them. Learn how to avoid end-user error, maintain a security-first stance, guard client confidentiality and protect sensitive data.
2:10 Break
2:20 SECURE Act: How SECURE Do You Feel? Retirement Accounts and Estate Planning Post-SECURE Act
Christina G. Hinkle, McPherson Rocamora Nicholson Wilson & Hinkle PLLC, Durham
The SECURE Act became law on December 20, 2019, making dramatic changes to the required minimum distributions rules for beneficiaries of IRAs and other retirement plans. The Act eliminated the favorable "stretch" IRA option for most beneficiaries. This session provides a brief overview of the new rules, discusses how the Act has changed trust drafting, and reviews estate planning strategies for retirement assets post-SECURE Act.
(Session from 41st Annual Estate Planning & Fiduciary Law Program, July 23, 2020)
3:20 Break
3:30 Non-Long Term Care Medicaid Public Benefits Update
Benjamin B. "Bailey" Liipfert III, Liipfert Law Group, Winston-Salem
As with all states, COVID-19 has severely impacted people living in long-term care and those eligible for disability benefits. This session addresses the impact of COVID-19 on benefit programs and transition and housing options post-COVID, with a focus on North Carolina's recently updated Olmstead Plan as a potential model for moving people out of institutional stetting and back to better lives.
4:30 Break
4:40 Rethinking the Guardian ad Litem Role
Kathleen R. Rodberg, McGuire Wood & Bissette, Asheville
Under current North Carolina law, provisions regarding the role and duties of the guardian ad litem are limited. Discuss what the current obligations are and what changes are on the horizon for this role in future guardianship proceedings. Then review a sample guardian ad litem report and hear best practices for this role.
5:40 Adjourn for the Day
FRIDAY, FEBRUARY 25, 2022
8:15 Welcome and Introductions
8:20 Advanced Guardianship and Fiduciary Representation
Steven Wayne Arrington, The Arrington Law Firm, Greensboro
Marjorie J. Brown, Elder Law & Estate Planning Solutions, Concord
Jennifer M. Roden, Craige & Fox PLLC, Wilmington
Listen as elder and special needs law experts walk through case studies surrounding guardianship. Explore common issues and proposed solutions for issues such as asset protection; petitions to sell real property; petitions to gift guardianship assets; and supporting spouses, minors or disabled children of the ward and guardians of the estate when working in the best interest of the ward.
9:50 Break
10:00 Litigation Issues for Elder Law Attorneys
Molly A. Whitlatch, Sharpless McClearn Lester Duffy, Greensboro
Hear tips and strategies for identifying and managing fiduciary and estate litigation issues, including procedural issues and consideration in estate proceedings, appeals of clear matters, discovery and evidentiary issues, recognizing potential conflicts, and much more.
11:00 Break
11:10 "Baby One More Time"
Roberta K. Flowers, Stetson University College of Law, St. Petersburg, FL
Take a deep dive into the Brittany Spears guardianship case and explore how it sparked another look at guardianship reform.
12:40 Lunch Break
1:40 Denied: Medicaid Application Appeal Process
Matthew S. Schrum, Evergreen Estate Planning & Elder Law, Elkin
What do you do when Medicaid authorities issue an adverse decision against your perfect Medicaid client? This session explores the process of seeking corrective action, focusing on practical considerations germane to local hearings, state hearings and judicial review.
2:40 Break
2:50 What's New in Elder and Special Needs Law
Brian T. Lawler, Van Winkle Law Firm, Asheville
Dive into the recent elder and special needs law legislative and case law updates.
3:50 Break
4:00 Ethical Rattlesnakes: How to Avoid Being Bitten When Representing Fiduciaries*
Roberta K. Flowers, Stetson University College of Law, St. Petersburg, FL
A. Frank Johns, Booth Harrington & Johns, Greensboro
Just like the quickness of a rattlesnake, ethical issues when representing fiduciaries can bite you if you do not recognize them. This session provides attendees with the tools needed to avoid these ethical rattlesnakes. Discuss the creation of the representation and the required client education, as well as the possible obligations to the beneficiaries. Then review the ethical duties distinctive to the different types of fiduciaries.
5:00 Adjourn
* Indicates portion providing Ethics/Professional Responsibility credit
‡ Indicates portion providing Technology Training credit
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