THURSDAY, FEBRUARY 22, 2024
11:25 Registration and Boxed Lunch
Sponsored by Krause Financial.
11:55 Welcome and Introductions
12:00 Ethics*
Jessica M. Arnold, NC State Bar, Raleigh
Ryan Meisnere, NC State Bar, Raleigh
North Carolina State Bar deputy counsel shares insights on the various risks elder and special needs law attorneys often face in their practice. This session focuses on avoiding interactions with the State Bar Grievance Committee and sharing common issues elder law attorneys often face that could result in complaints if not careful.
1:00 Break
1:10 Technology‡
Tara Cho, Womble Bond Dickinson, Raleigh
Discuss the issues related to the development of firm websites, cloud computing, use of AI tools like ChatGPT, and proper storage of electronic files.
2:10 Break
Sponsored by Future Planning Services.
2:20 BREAKOUT SESSION:
A New Look at Certified Mediation Before Clerks of Superior Court
A. Frank Johns, Booth Harrington & Johns, Greensboro
Learn about the benefits of using mediation in guardianship, estate administration, will contest and trust matters. When used appropriately, mediation could lead to less litigation, more family unity, and the use of less restrictive means than the appointment of guardians. This session primarily focuses on mediation in matters within the jurisdiction of the clerk of superior court (N.C.G.S. § 7A-32.3B).
OR
Tax Law for Idiots
Kimberly Herrick, Mills Law PA, Concord
Receive an overview of basic tax law issues and address questions that often arise in the elder and special needs law practice. This session focuses on issue spotting in an elder law practice, as well as providing an overview of relevant tax laws and consideration when advising clients.
3:20 Break
3:30 BREAKOUT SESSION:
Sole Benefit Trusts
Robert Mason, Mason Law PC, Asheboro
Discover the useful tool of sole benefit trusts for elder and special needs beneficiaries.
OR
Collaborative Civil Law
Jeffrey Batts, Batts Batts & Bell LLP, Rocky Mount
This session provides insight into the collaborative law process for civil matters like fiduciary litigation. This process is a streamlined conflict-resolution option that can save time, money and stress.
4:30 Break
4:40 What's New in Elder and Special Needs Law: Legislative and Case Law Updates
Phoebe Bulls, McGuire Wood & Bissette PA, Asheville
Brian T. Lawler, The Forest Law Group, Asheville
Kathleen Rodberg, McGuire Wood & Bissette, Asheville
Jennifer M. Roden, Craige & Fox, Wilmington
Hear about recent legislative and case law updates that impact the practice of elder and special needs law, covering both federal and North Carolina state changes and updates.
5:40 Adjourn for the Day
Reception | Griffin Room, Grandover Resort
FRIDAY, FEBRUARY 23, 2024
7:30 Continental Breakfast
Sponsored by Old North State Trust.
8:15 Welcome and Introductions
8:20 Secure Act
Christina G. Hinkle, McPherson Rocamora Nicholson Wilson & Hinkle PLLC, Durham
In late 2019, the SECURE Act drastically altered the required minimum distribution rules for retirement accounts. In 2022, the IRS issued proposed regulations, and SECURE 2.0 was enacted into law. We discuss how the 2022 developments clarified and changed the required minimum distribution rules, particularly as they impact beneficiaries of retirement accounts.
9:50 Break
10:00 BREAKOUT SESSION:
Ethics Committees and Health Care Documents
Hugh M. Lee, Brody School of Medicine at East Carolina University, Greenville
Gain insight on the practical use of health care documents by clients with health care providers. Discuss the procedures used by hospital ethics committees in evaluating and honoring health care documents.
OR
Special Needs Planning and Multi-Generational Money
Ryan Platt, A Special Needs Plan, Charlotte
Receive an update on recent developments in Special Needs Law, highlighting legislative and policy changes, what’s on the horizon and strategies to incorporate special needs planning into your practice.
11:00 Break
11:10 Multidisciplinary Teams: Difficulties, Progress, Etc.
Kristi A. Nickodem, UNC School of Government, Chapel Hill
Kristy Preston, UNC School of Government, Chapel Hill
Meredith Stone Smith, UNC School of Government, Chapel Hill
Progress is being made across the state of North Carolina as counties establish multidisciplinary teams (MDTs) of professionals to collaboratively help and support adults in the community who may need protection from abuse, neglect and exploitation. Learn how attorneys can get involved and help establish or support their local MDT.
12:40 Lunch Break
1:25 BREAKOUT SESSION:
Deep Dive Into Annuities / IRAs
Robert Mason, Mason Law PC, Asheboro
Do you have questions on annuities or IRAs? This session covers how annuities are taxed, how they can and cannot be used, how to utilize them in crisis-planning situations, and strategies for dealing with qualified funds. We discuss when to and not to annuitize your IRA and sound strategies for dealing with IRAs during crisis-planning situations.
OR
Organ Donation / Funeral Trusts / Cremation Issues
Danielle Bumarch, Honorbridge, Greenville
Bailey Liipfert, Allman Spry Attorneys at Law, Winston-Salem
Jefferson P. Whisenant, Honorbridge, Chapel Hill
Learn about the legal issues that arise in organ donation, such as who can donate, donation criteria and first-party consent to donation. In addition, this session covers death-related issues with funeral contracts, as well as burial and cremation issues.
2:25 Break
2:35 The Registry of Unmet Needs, Also Known as the Waitlist for the NC Innovations Waiver
Jenna Hamill Flynn, Autism Society of NC, Raleigh
Judy
Smithmyer, Autism Society of North Carolina, Greensboro
Receive an overview of the Innovations Waiver program and the Community Alternatives Program for Disabled Adults (CAP/DA), including eligibility requirements and how to best assist our clients in qualifying for these programs.
3:35 Break
3:45 BREAKOUT SESSION:
Deeds, Deeds, Deeds
Rebecca Daddino, Monk Law Firm PLLC, Charlotte
John Potter, Potter Law Firm, Charlotte
Learn about the use of tenants in common and joint tenancy with rights of survivorship deeds for Medicaid long-term care planning. This session also highlights the varying treatment of deeds by county Medicaid agencies.
OR
N.C.G.S. 35A Changes
Nicki Engel, Johnston Allison Hord, Charlotte
Catherine Wilson, McPherson Rocamora, Durham
Review the most recent changes to Chapter 35A of the North Carolina General Statutes including, but not limited to, the definition of "less restrictive alternative," the new Notice of Rights of the Respondent, and changes to the calendar year for annual accountings.
4:45 Adjourn
* Indicates portion providing Ethics/Professional Responsibility credit
‡ Indicates portion providing Technology Training credit