2023 Basics of Elder and Special Needs Law

8:25 Registration and Continental Breakfast

8:55 Welcome and Introductions

9:00 "Who Is the Client?": Ethical Issues Arising in Representation^*

Hugh M. Lee, East Carolina University, Greenville

This session addresses the most common ethical issues arising when representing senior clients in the context of advance planning in both the estate planning and Medicaid long-term care planning contexts. These ethical issues are identified and discussed in the context of the fictional case of Dick and Jane Plain, a married couple seeking legal representation concerning their affairs and heavily supported by their daughter, Mary. Issues covered include establishing the attorney-client relationship, identifying conflicts of interest, preserving client autonomy, protecting client confidentiality and more.

10:00 Break

10:10 Introduction to Medicaid Eligibility and Planning Techniques

Brian T. Lawler, The Forest Law Group, 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 and Special Assistance eligibility.

11:10 Break

11:20 Estate Planning Techniques for Future Medicaid and Special Assistance Eligibility

Jennifer Roden, Craige & Fox, Wilmington

This session discusses the various estate planning documents and fact-finding techniques used during the estate planning process that should be utilized to set clients on the proper path for Medicaid and Special Assistance planning and future applications.

12:20 Lunch Break

1:20 "We Need Help NOW!": Medicaid and Special Assistance Crisis Planning

Dori Dixon, Southpoint Estate Planning, Durham

This session covers various planning options when a client needs to qualify for Medicaid immediately or maintain existing Medicaid benefits. Learn how to optimize the community spouse resource allowance, protect the client's home, and obtain Medicaid eligibility without triggering a penalty period.

2:20 Break

2:30 Medicaid and Special Assistance Application and Appeals

Matt Schrum, Evergreen Estate Planning and Elder Law, Elkin

Attendees receive an introduction to the Medicaid application and Medicaid appeals process, including a review of common mistakes and how to avoid them with suggested "best practice" tips.

3:30 Break

3:40 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.

4:40 Adjourn

* Indicates portion providing Ethics/Professional Responsibility credit

Description

The 2023 Basics of Elder and Special Needs Law program offers a foundational knowledge base for building an elder and special needs law practice.

If you did not attend this program in its entirety, please fill out a partial credit form to ensure that we report your credit accurately.

Please send your completed form to askcle@ncbar.org within seven days of this program.

As an attendee at this CLE program, your feedback is important.

Click here to fill out the program evaluation.

Click here to view Forms and CLE Policies, Terms and Conditions.

If paying by check, click here for a printable registration form. Please reference the in-person live program code 239BEL.

Can't attend in person? Please contact us at askcle@ncbar.org or 919.677.0561 to switch your registration to the Live Webcast before the start of the program.

(After the live CLE program begins, you will have real-time access to only the program format for which you are registered — either In-Person Live or Live Webcast — and your registration cannot be switched.)

Certificate of Completion and Archived Video: Your certificate of completion and archived video will be available approximately two weeks of the program date and can be found in your CLE account. MCLE credit is available to registrants only on the day(s) of the live event. This archived content is offered solely for review purposes and is not a substitute for live attendance. Click here for more information about archive videos in our FAQ.