Thursday, October 2, 2008

8:15 – 8:45 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:45 – 9:00 a.m.

WELCOME, INTRODUCTION & SECTION ANNOUNCEMENTS
– Jeffrey W. Schmidt, MSBA Elder Law Section Chair

9:00 – 9:30 a.m.

Estate of Barg: The Supreme Court Decision
On May 30, 2008 the Minnesota Supreme Court decided federal law does not allow MA recovery from the estate of a community spouse against assets in which the predeceased recipient spouse did not have an interest at the time of death. Petitions for rehearing were denied. What are the implications of the Court’s analysis? Is this decision an end – or a beginning?
– Thomas J. Meinz

9:30 – 10:30 a.m.

Fair Hearings – A View from the Bench
Observations and practice pointers from Human Services Judge Joe Rubenstein to help practitioners more effectively represent their clients in fair hearings. Judge Rubenstein will also take input from the audience, so bring your questions with you!
– Joseph Rubenstein, Human Services Judge

10:30 – 10:45 a.m.

BREAK

10:45 – 11:15 a.m.

What’s An Elder to Do? Private Efforts to Recover Assets
When elders are the victims of financial exploitation, they have the right to fight back and try to recover the money and/or other property taken from them. However, there are many practical challenges to successfully recovering against financial exploiters. In this session, we will review causes of action that elders (or their legal representatives) can pursue against financial exploiters, remedies available, opportunities and challenges on the road to judgment, and ways and means of collecting.
– Nicholas E. Halbur & Jennifer L. Wright

11:15 – 11:45 a.m.

Medical Assistance Causes of Action: New Actions to Recover Transferred Assets
Recovery of medical assistance benefits from estates and third parties is a high priority for the Pawlenty Administration. The 2008 Legislature has authorized additional causes of action to recover assets transferred prior to death to avoid estate claims. Are these causes of action more likely to be pursued than previous causes of action?
– Julian J. Zweber

11:45 – 12:15 p.m.

Medical Assistance Periods of Ineligibility Following Financial Exploitation
If your client is a victim of financial exploitation, how do you present the case for eligibility or retention of Medical Assistance benefits? With financial exploitation of the elderly and disabled on the rise, this scenario is becoming more common. We’ll look at a case recently reported in a local newspaper in which Medical Assistance benefits were terminated after a child stole assets from her parent. How should this situation be analyzed under state and federal Medicaid laws? What administrative remedies are available?
– Laura J. Zdychnec

12:15 – 1:15 p.m.

INSTITUTE LUNCHEON (provided at the live program only)
Minneapolis Marriott City Center Hotel
Luncheon courtesy of The Center for Special Needs Trust Administration, Inc.

1:15 – 1:45 p.m.

Foreclosure Basics
The discussion will provide an overview of the foreclosure process including: methods of foreclosure; how to represent a client pre-foreclosure (what documents you need to obtain, valuation of the property, what to discuss with the client, and working with the lender) and post-foreclosure (sheriff’s sale and redemption period). Materials will include a checklist for "Foreclosure by Advertisement" and a checklist for "Foreclosure by Action".
– George E. Warner, Jr.

1:45 – 2:15 p.m.

Illegal Collection Practices and How to Fight Back for Your Elderly Client
Everybody wants to pay their just and owing debts, but the reality of our economy is that not everybody can. This session will cover the rights elderly consumers have against harassing, oppressive, and abusive debt collection practices. The debt collection industry gets more complaints to the Federal Trade Commission than any other industry in America, yet is one of the least regulated. Pete Barry will give you simple, easy to remember, analytic steps to assess any collection case for your client and get them the relief they deserve under the Fair Debt Collection Practices Act.
– Peter F. Barry

2:15 – 2:45 p.m.

Consumer Bankruptcy: Nuts and Bolts
Bankruptcy has changed considerably since Congress overhauled the Bankruptcy Code in 2005, and the elderly are the fastest growing group of persons who are filing bankruptcy. This session will give a basic overview of consumer bankruptcy cases, including some common issues that often pertain to elderly persons.
– Andrea L. Cobery

2:45 – 3:00 p.m.

BREAK

3:00 – 4:00 p.m.

Ethics Hotseat: Dealing with Parties and Clients with Diminished Capacity
1.0 ethics credit applied for
Every elder law attorney interacts with clients, attorneys-in-fact, relatives, and others who are losing or have lost capacity to make appropriate decisions. In this session, the audience will vote on how they would handle hypothetical situations involving diminished capacity issues. Eric Cooperstein and Jennifer Lammers will discuss the right answers, the "less-right" answers, and how to handle being in the ethics hotseat.
– Eric J. Cooperstein & Jennifer A. Lammers

4:00 p.m.

INSTITUTE RECEPTION (provided at the live program only)

Join us for food, drinks and great PRIZES! We will be collecting your business cards at the reception for a drawing at 4:30 p.m. Be there to win a complimentary registration to next year’s Elder Law Institute, plus other great prizes including gift certificates for your favorite stores and services. Must be present to win.

Reception courtesy of The Center for Special Needs Trust Administration, Inc.

 

Friday, October 3, 2008

8:30 – 9:00 a.m.

CONTINENTAL BREAKFAST

9:00 – 9:30 a.m.

Transfer on Death Deeds: Pros, Cons and Consequences
What are the specific requirements of the new law? What are the benefits and concerns about this new estate planning tool? What are the impacts on estate taxes, gift taxes, income taxes, Medical Assistance and homesteading?
– Suzanne M. Sandahl

9:30 – 10:15 a.m.

Annuities and Medical Assistance
After waiting more than two years, DHS has issued guidance on the treatment of annuities under the Deficit Reduction Act of 2005. This session will provide practical advice on how to counsel your clients with regard to their annuities in relation to Medical Assistance.
– Cathryn D. Reher

10:15 – 10:30 a.m.

BREAK

10:30 – 11:15 a.m.

Long-Term Care Partnership Program: Diamond in the Rough or Broken Glass?
The anatomy of long-term care insurance including coverage, contractual matters, terminology, tax issues and the Long-Term Care Partnership.
– Jody A. Cohen Press

11:15 – 12:00 p.m.

Landlord Tenant Law and Fair Housing: Issues for Seniors
Some of the many implications of fair housing laws and Minnesota landlord tenant law for tenants of senior housing, assisted living, memory care residences, and corporate adult foster programs will be examined.
– Aisha Anderson Bierma & Barbara J. Blumer

12:00 – 1:00 p.m.

LUNCH (on your own)

1:00 – 1:45 p.m.

Assisted Living: Consumer Protection
Deb Peterson of the Minnesota Attorney General’s Office will discuss the complaints regarding assisted living facilities that her Office sees from consumers, families, legal representatives, regulating agencies, county social services, ombudsmen, and residence employees. Ms. Peterson will also outline the resources available to the Attorney General’s Office to resolve, educate and prevent problems. Then, Pook Grathwol will discuss assisted living facilities and the duty to schedule the LTCC. The recent trend at facilities is to accept the EW program after a year of private pay to the facility. Frequently, there is no social worker on staff at the assisted living facility to assist families in applying for EW though the County has generally relied on the assisted living facility to schedule an EW screening. The law requires the County to initiate and oversee the screening. Caught in this vortex of shifting responsibility, families are denied tens of thousands of dollars in benefits each year.
– Margaret M. Grathwol & Deborah R. Peterson

1:45 – 2:00 p.m.

BREAK

2:00 – 2:45 p.m.

The Price of Admission: What You Need to Know About Nursing Home Admission Agreements
As nursing homes struggle to stay financially afloat, the nursing home admission agreement can come back to haunt the resident and loved ones. Whether you advise clients or are helping your elderly parent, this session focuses on what you need to know. We will look at governing law and bases of liability under nursing home admission agreements, review recent litigation, and explore the use of arbitration clauses in nursing home admission agreements.
– Susan T. Peterson

2:45 – 3:30 p.m.

Special Needs Trusts: Troubling Trustees and Bothersome Beneficiaries
Trustees and beneficiaries have crazy ideas about what constitutes "proper" distributions from a Special Needs Trust. With stories, suggestions, warnings and insight gleaned from long experience, this panel of special needs planners will sort through the dos and don’ts of Special Needs Trust administration. Come prepared with your questions and stories as well.
– Randy F. Boggio, Robert G. Gunderson, Lori L. Guzman, Laurie Hanson & Jeffrey W. Schmidt