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