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3.75 Hours of Guardianship Credit
19.00 Hours of Certified Financial Planner (CFP) CE Credit

MAJOR SPONSORS
Bank of Texas
Encore Trust
Frost Wealth Advisors
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14th Annual

Estate Planning, Guardianship and Elder Law Conference

Galveston Aug 9-10, 2012 Moody Gardens
Conference Concluded
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Overview

The Estate Planning, Guardianship and Elder Law Conference—part of UT Law's Summer Conference Series— presents practical tips and advice for estate planners and elder law attorneys, offers essential information for guardian ad litems, and provides a must-have set of materials and resources.

2012 highlights include:
•    Discussion of the current Collision of Real Estate Law and Elder Law
•    "2012 Case Law Update" with Professor Gerry W. Beyer
•    New developments in planning for wartime veterans
•    Guardianship essentials and hot topics—3.75 hours of Guardianship credit expected
•    Current issues and “How-Tos” regarding Medicaid
•    The popular "Ask the Experts" panel returns
•    FAQ Luncheon panels on both Thursday and Friday

This conference is informative and informal—attendees and faculty are encouraged to dress casually and bring the family to enjoy Moody Gardens on Galveston Island!

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 August 9, 2012
  • Day 2 August 10, 2012
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Aug. 9, 2012
    Presiding Officer:
    H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX
  • 7:30 am
    Registration Opens
    Includes continental breakfast.

  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    0.75 hr
    Case Law Update: Wills and Trusts
    This presentation discusses judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. The discussion of each case concludes with a moral, i.e., the important lesson to be learned from the case. By recognizing situations that have led to time consuming and costly litigation in the past, estate planners can reduce the likelihood of the same situations arising with their clients.

    Gerry W. Beyer, Texas Tech University School of Law - Lubbock, TX

  • 9:15 am
    0.75 hr
    Current Issues in Marital Property Planning
    A look at some of the obstacles and opportunities in marital property planning, including dealing with the non-participant spouse's interest in the employee's retirement benefits. How does it work?  What really happens when the non-participant spouse dies with a will leaving that spouse's estate to children or no will with prior children as statutory heirs?

    Thomas M. Featherston Jr., Baylor University School of Law - Waco, TX

  • 10:00 am
    Break

  • 10:15 am
    0.75 hr
    The Collision of Real Estate Law and Elder Law: Shocks and Sparks
    This presentation provides the most up-to-date status of real property law as it affects the practice of elder law. In many instances, elder law attorneys must draft real estate transfer documents. For example, when a spouse is certified eligible for Nursing Home Medicaid, all non-exempt real property must be transferred to the community spouse. Elder law attorneys need to know the effect on future issuance of title insurance when there is a transfer to the spouse signed by the agent-spouse; or the effect of a ladybird deed in the chain of title; or the true law of Medicaid Estate Recovery.

    Commentator:
    Gerry W. Beyer, Texas Tech University School of Law - Lubbock, TX
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, P.C. - San Antonio, TX

  • 11:00 am
    0.75 hr
    The Collision of Real Estate Law and Elder Law: Panel Discussion

    Moderator:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, P.C. - San Antonio, TX
    Panelists:
    James L. Gosdin, Stewart Title Guaranty Company - Houston, TX
    Panelists:
    Hon. Guy Herman, Travis County Probate Court - Austin, TX
    Panelists:
    Kristen Quinney Porter, Kiesling, Porter, Kiesling & Free, P.C. - New Braunfels, TX

  • 11:45 am
    Break to Pick Up Lunch
    Included in conference registration fee.

  • Thursday Afternoon, Aug. 9, 2012
    Presiding Officer:
    Wesley E. Wright, Wright Abshire, Attorneys - Bellaire, TX
  • LUNCHEON PRESENTATION
    Sponsored by Bank of Texas

  • 12:00 pm
    0.75 hr
    FAQ: Common Questions and Hot Topics in Elder Law
    A discussion of some hot topics and issues faced by elder law practitioners, including:
    (1) Utilizing annuities in Medicaid planning—what works, what doesn't and pitfalls to avoid
    (2) The top 10 mistakes in Medicaid planning
    (3) Curing a transfer penalty: “Half-a-Loaf” explained

    Moderator:
    Randy Drewett, Attorney at Law - Beaumont, TX
    Panelists:
    Marilyn G. Miller, Attorney at Law - Dripping Springs, TX
    Panelists:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, P.C. - San Antonio, TX
    Panelists:
    Wesley E. Wright, Wright Abshire, Attorneys - Bellaire, TX

  • 12:45 pm
    Break

  • 1:00 pm
    1.00 hr
    0.50 hr ethics
    1.00 hr guardianship
    The Role of the Attorney Ad Litem
    An overview of the responsibilities of the attorney ad litem and guardian ad litem with an emphasis on practical application of the statutes. The materials include numerous checklists, comprehensive references and forms.

    Hon. Steve M. King, Tarrant County Probate Court #1 - Fort Worth, TX

  • 2:00 pm
    1.00 hr
    1.00 hr guardianship
    We Can Work It Out: What Needs to be Considered in Family Law and Guardianship Cases When a Special Needs Child is Aging Out
    An experienced family law and an experienced guardianship attorney look closely at provisions in the Family Code and Guardianship Code that relate to parents' ongoing obligations, rights, and responsibilities toward their special needs children as the children become adults. The session highlights some key cross-over issues in both areas of law that affect an adult child with disabilities and their divorced parents who now need to become their child's legal guardian.

    Deborah A. Green, Attorney at Law - Austin, TX
    Keith D. Maples, Noelke English Maples St. Leger Blair, LLP - Austin, TX

  • 3:00 pm
    Break

  • 3:15 pm
    0.75 hr
    Planning for Wartime Veterans: New Developments
    In 2011, the Veterans Administration created a new Pension & Fiduciary Department, which places much more focus on the pension with aid and attendance benefit. Several agencies have investigated the role lawyers and financial advisors play in assisting clients with eligibility. This presentation covers and discusses the VA's possible next steps.

    Victoria L. Collier, The Elder & Disability Law Firm of Victoria L. Collier, PC - Decatur, GA

  • 4:00 pm
    0.75 hr
    What Every Estate Planner Needs to Know About Medicaid
    Why revocable trusts impede Medicaid eligibility; how a simple testamentary trust can protect Medicaid benefits; why there is no real income limit for nursing home Medicaid; how to avoid the Medicaid “transfer traps”; and how Medicaid estate recovery can usually be avoided or minimized.

    H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX
    Bliss Burdett Pak, Farrell & Pak PLLC - Austin, TX

  • 4:45 pm
    0.75 hr
    View from the HHSC
    Officials from the Texas Health and Human Services Commission (HHSC) address current issues in long-term care Medicaid eligibility.

    Moderator:
    H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX
    Panelists:
    Shari L. Nichols, Texas Health and Human Services Commission - Austin, TX
    Panelists:
    John Stockton, Texas Health and Human Services Commission - Austin, TX

  • 5:30 pm
    Adjourn to Networking Reception
    Sponsored by Frost Wealth Advisors

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Aug. 10, 2012
    Presiding Officer:
    Hon. Gladys B. Burwell, Senior Statutory Probate Judge - Friendswood, TX
  • 7:30 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:15 am
    1.00 hr
    0.25 hr ethics
    0.25 hr guardianship
    Ask the Experts
    A panel of seasoned practitioners respond to frequently—and sometimes infrequently—asked questions, including practice, professional and ethical issues in estate planning, probate, guardianship and elder law.

    Moderator:
    H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX
    Panelists:
    Randy Drewett, Attorney at Law - Beaumont, TX
    Panelists:
    Craig Hopper, Hopper Mikeska PLLC - Austin, TX
    Panelists:
    Pi-Yi Mayo, Law Office of Pi-Yi Mayo - Baytown, TX
    Panelists:
    Marilyn G. Miller, Attorney at Law - Dripping Springs, TX
    Panelists:
    Wesley E. Wright, Wright Abshire, Attorneys - Bellaire, TX

  • 9:15 am
    0.75 hr
    0.25 hr ethics
    Determination of Incapacity: What Every Estate Planner Needs to Know
    This discussion focuses on the medical and legal standards applicable to an estate planning client’s level of capacity. It includes the perspectives, processes and information relevant to a geriatric psychiatrist and a litigator when capacity may be an issue.

    Mark E. Kunik, Baylor College of Medicine - Houston, TX
    Sarah Patel Pacheco, Crain, Caton & James, P.C. - Houston, TX

  • 10:00 am
    Break

  • 10:15 am
    0.75 hr
    0.50 hr ethics
    0.75 hr guardianship
    The Role of the Guardian
    An examination of the duties and responsibilities of a guardian under Texas law and guardian administration from initiation to closing, including the code requirements of selling and leasing property, as well as ethical issues.

    Stephen Jody Helman, Osborne, Helman, Knebel & Deleery, LLP - Austin, TX

  • 11:00 am
    0.50 hr
    Alternatives to Guardianship
    A look at some less restrictive (and less expensive) alternatives to guardianships of the person and estate, and when to use them.

    Craig Hopper, Hopper Mikeska PLLC - Austin, TX

  • 11:30 am
    0.75 hr
    0.75 hr guardianship
    Medicaid and Guardianship: Petitioning the Courts
    Medicaid and guardianship law often collides. Each has its own set of rules, statutes and regulations. The intersection requires the practitioner to be aware of both areas and the unique rules, codes and statutes which apply when trying to qualify a ward for Medicaid. The presentation covers the various treatments of resources, attorney fees, spousal allowances, gifting, trusts and real estate by Probate Courts and Medicaid.  

    Pi-Yi Mayo, Law Office of Pi-Yi Mayo - Baytown, TX
    K. T. Whitehead, Attorney at Law - San Antonio, TX

  • 12:15 pm
    Break to Pick Up Lunch
    Included in conference registration fee.

  • Friday Afternoon, Aug. 10, 2012
    Presiding Officer:
    Hon. Gladys B. Burwell, Senior Statutory Probate Judge - Friendswood, TX
  • LUNCHEON PRESENTATION

  • 12:30 pm
    0.75 hr
    FAQ: Common Questions and Hot Topics in Estate Planning
    A discussion of some hot topics and issues faced by estate planning practitioners, including:
    (1) Estate planning for digital assets
    (2) Estate planning for firearms
    (3) Re-thinking “simple”—why “simple” planning may be disastrous for your client

    Moderator:
    Randy Drewett, Attorney at Law - Beaumont, TX
    Panelists:
    Christina Lesher, Attorney at Law - Houston, TX
    Panelists:
    Bryn Anne Poland, Law Office of Pi-Yi Mayo - Baytown, TX

  • 1:15 pm
    Break

  • 1:30 pm
    0.50 hr
    Representing Trustees of Modest-Sized Trusts
    A tool kit for advising nonprofessional trustees how to do their jobs and stay out of trouble. Materials include THE TRUSTEE'S HANDBOOK and form letters, checklists and handouts for getting individual trustees up and running.

    Mary C. Burdette, Calloway, Norris, Burdette & Weber, PLLC - Dallas, TX

  • 2:00 pm
    0.75 hr ethics
    Representing Clients Who Depend Upon Others: Conflict and Confidentiality Issues
    It may take a village to provide care, but one attorney cannot coordinate all the efforts.  A look at the goal of cost-effective legal representation while meeting the attorney's duty of confidentiality and avoiding conflicts when representing clients who depend upon a network of support

    Renée C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX

  • 2:45 pm
    0.75 hr ethics
    Advising Clients on Medicare Eligibility Fraud
    How to motivate Medicaid clients to follow the law by advising of penalties for fraud, including failure to disclose known facts, and what to advise clients who admit to fraudulent acts or omissions to you.

    Jack Stick, The Office of Inspector General - Austin, TX

  • 3:05 pm
    0.00 hr ethics
    Online Course Guardianship Affidavit

  • 3:30 pm
    Adjourn

  • Day 1 August 9, 2012
  • Day 2 August 10, 2012
Download Schedule

Conference Faculty

Gerry W. Beyer

Texas Tech University School of Law
Lubbock, TX

Mary C. Burdette

Calloway, Norris, Burdette & Weber, PLLC
Dallas, TX

Victoria L. Collier

The Elder & Disability Law Firm of Victoria L. Collier, PC
Decatur, GA

Randy Drewett

Attorney at Law
Beaumont, TX

H. Clyde Farrell

Farrell & Pak PLLC
Austin, TX

Thomas M. Featherston Jr.

Baylor University School of Law
Waco, TX

James L. Gosdin

Stewart Title Guaranty Company
Houston, TX

Deborah A. Green

Attorney at Law
Austin, TX

Stephen Jody Helman

Osborne, Helman, Knebel & Deleery, LLP
Austin, TX

Hon. Guy Herman

Travis County Probate Court
Austin, TX

Craig Hopper

Hopper Mikeska PLLC
Austin, TX

Hon. Steve M. King

Tarrant County Probate Court #1
Fort Worth, TX

Mark E. Kunik

Baylor College of Medicine
Houston, TX

Christina Lesher

Attorney at Law
Houston, TX

Renée C. Lovelace

The Lovelace Law Firm, P.C.
Austin, TX

Keith D. Maples

Noelke English Maples St. Leger Blair, LLP
Austin, TX

Pi-Yi Mayo

Law Office of Pi-Yi Mayo
Baytown, TX

Marilyn G. Miller

Attorney at Law
Dripping Springs, TX

Shari L. Nichols

Texas Health and Human Services Commission
Austin, TX

Sarah Patel Pacheco

Crain, Caton & James, P.C.
Houston, TX

Bliss Burdett Pak

Farrell & Pak PLLC
Austin, TX

Bryn Anne Poland

Law Office of Pi-Yi Mayo
Baytown, TX

Kristen Quinney Porter

Kiesling, Porter, Kiesling & Free, P.C.
New Braunfels, TX

Patricia F. Sitchler

Schoenbaum, Curphy & Scanlan, P.C.
San Antonio, TX

Jack Stick

The Office of Inspector General
Austin, TX

John Stockton

Texas Health and Human Services Commission
Austin, TX

K. T. Whitehead

Attorney at Law
San Antonio, TX

Wesley E. Wright

Wright Abshire, Attorneys
Bellaire, TX

Planning Committee

H. Clyde Farrell—Chair

Farrell & Pak PLLC
Austin, TX

Gerry W. Beyer

Texas Tech University School of Law
Lubbock, TX

Randy Drewett

Attorney at Law
Beaumont, TX

Claire D. East

Hopper Mikeska PLLC
Austin, TX

Deborah A. Green

Attorney at Law
Austin, TX

Hon. Guy Herman

Travis County Probate Court
Austin, TX

Craig Hopper

Hopper Mikeska PLLC
Austin, TX

Christina Lesher

Attorney at Law
Houston, TX

Renée C. Lovelace

The Lovelace Law Firm, P.C.
Austin, TX

Pi-Yi Mayo

Law Office of Pi-Yi Mayo
Baytown, TX

Marilyn G. Miller

Attorney at Law
Dripping Springs, TX

A. M. Nunley III

A. M. NUNLEY III
Midland, TX

Bliss Burdett Pak

Farrell & Pak PLLC
Austin, TX

Patricia F. Sitchler

Schoenbaum, Curphy & Scanlan, P.C.
San Antonio, TX

Nancy Sosa

Encore Trust
Austin, TX

Wesley E. Wright

Wright Abshire, Attorneys
Bellaire, TX

Credit Info

  • Galveston
MCLE Credit
Toggle view Texas – 14.50 hrs  |  3.00 hrs Ethics  |  3.75 hrs Guardianship
Legal Specialization(s): Estate Planning and Probate Law, Tax Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 14.50 hrs  |  3.00 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Other Credit
Toggle view TX Accounting CPE – 17.00 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Galveston – Aug 9-10, 2012 – Moody Gardens
Conference Concluded
Buy
  • Galveston
Standard Registration
Last day for $555.00 Regular pricing: Aug 9, 2012

$605.00 for registrations received after this time

Green Registration - USB Key ONLY
Last day for $525.00 Regular pricing: Aug 9, 2012

$575.00 for registrations received after this time

Last day for cancellation (full refund): Aug 3, 2012

$50 processing fee applied after this date

Last day for cancellation: Aug 6, 2012

Venue

speaker

Moody Gardens

Seven Hope Boulevard
Galveston, TX
888.388.8484 (reservations)

Accommodations

$167.00 good through Jul 18, 2012

Parking Information

Complimentary Self-Parking. Overnight Valet parking $18.

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

  • Frost Wealth Advisors logo
    Frost Wealth Advisors
    Frost has a team of professionals who work together towards a common goal: to help you achieve financial security. Today the Frost Wealth Advisors are responsible for more than $25 billion in assets of individuals, families, businesses and non-profit institutions. You can count on us for investment management, trust administration, estate and financial planning, real estate, oil and gas management, retirement plan management, tax planning and wealth management. Frost has built a legacy of involvement with the communities it serves, especially with the organizations that provide for the betterment of the community. In fact, we have a dedicated group of specialists in our Public Finance Division who understand the specialized financing, treasury, investment and insurance needs of Texas governmental and non-profit institutions including educational, religious and healthcare organizations. www.frostbank.com
  • Bank of Texas logo
    Bank of Texas
    Whether you are setting up a trust or a private foundation, arranging for estate management, custody or escrow services, Bank of Texas offers a full range of fiduciary services, where we can serve as the fiduciary or as an agent for the fiduciary. Backed by the strength and stability of BOK Financial Corporation, a $26 billion regional financial services company, you'll enjoy the confidence of knowing your affairs are conducted within the regulation and oversight of a national institution. We provide personal trust administration, estate settlement and administration, investment management, mineral management and real estate management and custody service. And with more than 125 trust, fiduciary and investment officers within our regional footprint, you'll receive unmatched personal service from a team of local experts. We welcome the opportunity to meet with you in person to discuss our services, and to share with you why we'd make a strong financial partner. www.bankoftexas.com
  • Encore Trust logo
    Encore Trust
    At Encore Trust, our primary business is trust and investment management. We are specialists in our field of expertise and dedicated to providing the highest level of service to our clients. Our officers possess an average of 25 years of trust experience and have the ability to deal with complex financial holdings. We provide prudent and efficient management of trust assets, ensuring these assets are protected and used for their stated purposes. www.encoretrust.com
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