University of Texas School of Law
21st Annual
Estate Planning, Guardianship and Elder Law Conference
 
 
Galveston Aug 1-2, 2019 Moody Gardens
Conference Concluded
Related products: eConferences, Materials
PRESENTED BY
The University of Texas School of Law
Texas Chapter of the National Academy of Elder Law Attorneys

EVENT SPONSORS
Frost Wealth Advisors
Cadence Bank, Trust & Wealth Services
Evan S. Howell, Professional Engineer, Real Estate and Property Management

CONFERENCE SPONSORS
American National Bank of Texas
Bank of Texas
Keever Law PLLC/American Title Company of Houston
Krause Financial Services
Marc Whitehead and Associates, Attorneys at Law LLP
Texas Lawyers' Insurance Exchange

EXHIBITORS
Adaptive Driving Access
C&S Healthcare Services, Inc.
ElderCounsel
Elder Law Trio Press
Evergreen Private Care
InterActive Legal
Secured Alliance
South Central Chapter of Aging Life Care Association®
WealthMerge

UT Law CLE

2019 Estate Planning, Guardianship and Elder Law Conference

Program Features
The Estate Planning, Guardianship and Elder Law Conference presents current developments and practical tips for estate planners and elder law attorneys, offers essential information for guardians ad litem, and provides a must-have set of materials and resources.
  • ​Review what matters now when drafting a durable power of attorney in Financial Powers of Attorney: Do You Want Fries With That Will?.
  • Hear the latest legislative and agency updates, including a presentation by the Health and Human Services Commission (HHSC).
  • A closer look at investigating allegations of abuse and exploitation; including a bank’s process of reporting fraud, the APS investigation process, and ultimate resolution of and ramifications resulting from exploitation allegations.
  • Explore guardianship essentials, key issues, and alternatives—for up to 4.00 hours of Guardianship credit.
  • Discuss the Medicaid Estate Recovery Program (MERP), its rules, requirements, and exemptions, and hear practical guidance for practitioners facing MERP claims.
  • Get answers to your frequently—and sometimes infrequently—asked questions at the popular Ask the Experts panel.
  • Earn up to 3.00 hours of legal ethics credit.
  • New this year, join conference faculty and fellow colleagues at the Moody Gardens Aquarium for Thursday Evening's Networking Buffet and Reception sponsored by Frost Wealth Advisors.
This conference is informative and informal—attendees and faculty are encouraged to dress “beach casual” and bring the family to enjoy Moody Gardens on Galveston Island!

Are you a TX NAELA Member?  Come a day early and attend the 2019 TX NAELA Summer Conference on July 31st!  The Summer Conference is open ONLY to TX NAELA Members. 

TX NAELA Members can register for BOTH programs and attend their Summer Conference for free! Click here to get the special Member Rate when you jointly register for both conferences.

UT Law CLE

2019 Estate Planning, Guardianship and Elder Law Conference

12/10/19
Schedule

Thursday Morning, Aug. 1, 2019

Presiding Officer:
H. Clyde Farrell, Farrell & Johnson PLLC - Austin, TX

7:30 am
Registration Opens

Includes continental breakfast. 

New this Year! Guest Meal Package—$50

Have family joining you in Galveston? You can now purchase a guest meal package for them that includes Thursday and Friday's continental breakfasts and lunches. 

8:20 am
Welcoming Remarks

8:30 am

0.75 hr

Financial Powers of Attorney: Do You Want Fries With That Will?

Drafting a statutory durable power of attorney used to be simple: You ask a couple questions, zap out the form, and bring it to the will signing ceremony with all the other documents. But these days we have to discuss compensation, co-agents, and hot powers. Even the location of the signing matters now. Can we design a form that works for all clients?

Dianne Reis, Attorney at Law - Plano, TX

9:15 am

0.75 hr

Estate Planning 101

A very practice oriented nuts & bolts overview / how-to / to-do for basic estate planning, from the initial contact, planning conference & terms of engagement, to the signing ceremony, exit letter & beyond, with forms, options and insights for what is and is not appropriate depending on the circumstances.

Bernard E. ("Barney") Jones, Attorney at Law - Houston, TX

10:00 am
Break

10:15 am

0.75 hr

Medicaid Update

Current status of the Texas Medicaid Program's policy of treating some (but not all) tax-deferred retirement accounts as exempt from counting as "resources"; and other recent changes in Medicaid law and policy that Texas attorneys planning estates of older clients need to know about.

H. Clyde Farrell, Farrell & Johnson PLLC - Austin, TX

11:00 am

0.75 hr

Legislative Update

Hear an update on Texas estate and trust legislation, including probate, guardianships, trusts, powers of attorney, and other related matters.  

Craig Hopper, Hopper Mikeska, PLLC - Austin, TX

11:45 am

0.75 hr

From Long Term Care Medicaid Policy to Fair Hearings

Hear a former Texas Health and Human Services Commission (HHSC) attorney, and current ALJ, give an overview of Medicaid Fair Hearings, including possible changes in the legislature and the implementation of such changes. Also, discuss documentary evidence for the hearings.

Shari L. Nichols, Texas Health and Human Services Commission - Austin, TX

12:30 pm
Break for Lunch

Included in registration. 

Thursday Afternoon, Aug. 1, 2019

Presiding Officer:
Bryn A. Poland, Mayo & Poland PLLC - Baytown, TX

LUNCHEON PRESENTATION

Thank You to Our Luncheon Sponsor
Evan S. Howell, Professional Engineer, Real Estate and Property Management

 

12:50 pm

0.50 hr

Firearms in the Workplace

Get the latest legal insight on firearms in the workplace, including rights of employees and visitors vs. rights of employers; open vs. concealed carry; carry in offices/work areas vs. firearms in automobiles on company premises; enforcement issues pertaining to exclusion of firearms; and potential liability issues connected with either “carry’ or “don’t carry” rules.

Ross Asher Jr., Roberts Markel Weinberg Butler Hailey PC - Houston, TX

 
1:20 pm
Break

1:35 pm

0.50 hr

Sex, Drugs, Guns, Cars and Dementia

Cover how the unique aspects of sexual consent, firearm possession, drug use, and driving are impacted as cognitive function declines. 

John K. Ross IV, Ross & Shoalmire LLP - Texarkana, TX

2:05 pm

0.50 hr

Drafting for Incapacity Definition in Trusts and Powers of Attorney

Examine the commonly-used definitions of incapacity, individually-created definitions of incapacity, and the pros and cons of using common definitions versus creative language.

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

2:35 pm

1.00 hr
0.50 hr ethics
1.00 hr guardianship

Alternatives to Guardianship Including Supports and Services

An examination of the twin concepts of the doctrine of ‘less restrictive alternatives’ to guardianship and the concept of ‘supports and services’ and how the two interact to limit or obviate the need to create a guardianship.

Hon. Steve M. King, Senior Statutory Probate Judge - Fort Worth, TX

3:35 pm
Break

3:45 pm

0.75 hr
0.75 hr guardianship

Guardianship and Divorce

Learn when divorce is appropriate in a guardianship context, when a guardian is required for a divorce of an incapacitated person, and the appropriate court to hear a divorce action involving a guardianship.

Monica Ann Benson, Katten & Benson - Fort Worth, TX

4:30 pm

0.50 hr

The Medicaid Estate Recovery Program: What It Is, What It Isn’t, and How to Avoid It

Discuss the Medicaid Estate Recovery Program (MERP), its rules, requirements, and exemptions. The presentation will be geared to practical guidance for practitioners facing MERP claims.

Jennifer L. Coulter, Townsend Allala, Coulter, & Kludt, PLLC - El Paso, TX

5:00 pm

0.50 hr

The Trouble with Accountings: From Checklists to Traps

A practical review of issues and pitfalls related to demands for accountings and the response. How to best educate the client and properly respond.

Ellen Pearson Stewart, Barnes Lipscomb Stewart & Ott - Austin, TX

5:30 pm
Adjourn 

6:00 pm
Aquarium Reception and Dinner

Bring your family to the aquarium for food and fun from 6:00 p.m. to 7:30 p.m!

Thank You to Our Aquarium Reception and Dinner Sponsor
Frost Wealth Advisors

Thursday Evening, Aug. 1, 2019

Aquarium Reception (Included in registration)

Aquarium Reception Additional Non-Registrant Guest—$30

Friday Morning, Aug. 2, 2019

Presiding Officer:
Kelley M. Bentley, The Bentley Law Firm - Houston, TX

7:30 am
Conference Room Opens

Includes continental breakfast.

8:00 am

1.00 hr
0.50 hr ethics
1.00 hr guardianship

Role of the Guardian

Examine the duties and responsibilities of a guardian under Texas law and guardianship administration, from initiation to closing, including the code requirements of selling and leasing property, ethical issues, and more.

Craig Hopper, Hopper Mikeska, PLLC - Austin, TX

9:00 am

1.00 hr
0.50 hr ethics
1.00 hr guardianship

Role of the Ad Litem

An overview of the responsibilities of the attorney ad litem and guardian ad litem in guardianship proceedings with an emphasis on practical application of the statutes, conduct in uncontested and contested proceedings, and pointers on applications for fees. The materials include numerous checklists, comprehensive references, and forms.

Hon. Steve M. King, Senior Statutory Probate Judge - Fort Worth, TX

10:00 am
Break

10:15 am

0.50 hr

Real Estate Owned with Others

An overview of the newly passed Uniform Partition of Heirs Property Act (UPHPA) and how it can impact the severance of jointly owned property.  

Rishi Batra, Texas Tech University School of Law - Lubbock, TX

10:45 am

0.50 hr
0.25 hr ethics

Trustee/Guardian Resignation: How to Jump Ship

Get an overview of the resignation process generally including how to “jump ship” when no successor is named or available. Also, hear a discussion of discharge and to what extent resignation and/or discharge affects liability.

Christopher D. Jones, Sprouse Shrader Smith PLLC - Amarillo, TX

11:15 am

0.50 hr

Evolution of Trusts in Elder Law

An overview of how this traditional estate planning tool has been tailored to meet the distinctive needs of the Elder Law and Special Needs practitioner.

Marilyn G. Miller, Marilyn G. Miller, Attorney at Law - Dripping Springs, TX

11:45 am
Pick Up Lunch

Included in registration. 

Friday Afternoon, Aug. 2, 2019

Presiding Officer:
Wesley E. Wright, Wright Abshire, Attorneys - Bellaire, TX

LUNCHEON PRESENTATION

12:05 pm

1.00 hr
0.25 hr ethics
0.25 hr guardianship

Ask the Experts

Hear a panel of seasoned practitioners respond to your 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 & Johnson PLLC - Austin, TX
Panelists:
Craig Hopper, Hopper Mikeska, PLLC - Austin, TX
Renée C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX
Marilyn G. Miller, Marilyn G. Miller, Attorney at Law - Dripping Springs, TX

 
1:05 pm
Exhibitor Announcements and Break

1:35 pm

0.50 hr

A Window into a Financial Institution’s World of Elder Financial Exploitation

There is not one industry worldwide that is prepared for the “Tsunami” coming down the pike when it comes to the millions of people who have already or are getting ready to roll into the senior category. Many services, including geriatric doctors, senior living and dementia/Alzheimer's’ facilities, and education resources to prepare seniors for changes coming in their life, are in short supply. Financial institutions are considered “first responders"—they have eyes and ears on senior customers most times long before anyone else. Learn about the red flags, the many variations of fraudsters that financial institutions see, the avenues that can be taken to help mitigate the exploitation, and the various ways of reporting exploitation to local, state, or federal agencies. Being PROACTIVE is everything in slowing down the tide!

Sandy Sullivan, Frost Bank - San Antonio, TX

2:05 pm

1.00 hr

When Exploitation Allegations Make Their Way to Adult Protective Services

The Texas Department of Family and Protective Services – Adult Protective Services (APS) is responsible for investigating allegations of abuse, neglect, and exploitation in Texas.  In 2018, APS received 16,490 allegations of exploitation of the elderly and disabled in Texas. APS validated a small percentage of these allegations. Identify and explore the reasons for APS exploitation investigations, the investigation process, and ultimate resolution of and ramifications resulting from exploitation allegations.

Terry W. Hammond, Attorney at Law - Bryan, TX
Penelope T. Leuchtag, Texas Department of Family & Protective Services - Houston, TX
Mary McFaden, Harris County District Attorney Office - Houston, TX

3:05 pm

1.00 hr ethics

Elder Law Ethics Jeopardy

Cover various categories of ethical issues facing elder law attorneys, using the Texas Disciplinary Rules of Professional Conduct, where the answers are in the form of questions.  Get ready to volunteer to play Elder Law Ethics Jeopardy!

Mary Alice Jackson, Mary Alice Jackson, P.C. - Austin, TX
Rebecca C. Morgan, Stetson University College of Law - Gulfport, FL

4:05 pm
Adjourn

UT Law CLE

2019 Estate Planning, Guardianship and Elder Law Conference

Faculty

Conference Faculty

Ross Asher Jr.
Roberts Markel Weinberg Butler Hailey PC
Houston, TX
Rishi Batra
Texas Tech University School of Law
Lubbock, TX
Monica Ann Benson
Katten & Benson
Fort Worth, TX
Jennifer L. Coulter
Townsend Allala, Coulter, & Kludt, PLLC
El Paso, TX
H. Clyde Farrell
Farrell & Johnson PLLC
Austin, TX
Terry W. Hammond
Attorney at Law
Bryan, TX
Craig Hopper
Hopper Mikeska, PLLC
Austin, TX
Mary Alice Jackson
Mary Alice Jackson, P.C.
Austin, TX
Bernard E. ("Barney") Jones
Attorney at Law
Houston, TX
Christopher D. Jones
Sprouse Shrader Smith PLLC
Amarillo, TX
Hon. Steve M. King
Senior Statutory Probate Judge
Fort Worth, TX
Penelope T. Leuchtag
Texas Department of Family & Protective Services
Houston, TX
Renée C. Lovelace
The Lovelace Law Firm, P.C.
Austin, TX
Mary McFaden
Harris County District Attorney Office
Houston, TX
Marilyn G. Miller
Marilyn G. Miller, Attorney at Law
Dripping Springs, TX
Rebecca C. Morgan
Stetson University College of Law
Gulfport, FL
Shari L. Nichols
Texas Health and Human Services Commission
Austin, TX
Dianne Reis
Attorney at Law
Plano, TX
John K. Ross IV
Ross & Shoalmire LLP
Texarkana, TX
Ellen Pearson Stewart
Barnes Lipscomb Stewart & Ott
Austin, TX
Sandy Sullivan
Frost Bank
San Antonio, TX

Planning Committee

H. Clyde Farrell—Chair
Farrell & Johnson PLLC
Austin, TX
April Rogers—Director
The University of Texas School of Law
Austin, TX
Kelley M. Bentley
The Bentley Law Firm
Houston, TX
Hon. Gladys B. Burwell
Senior Statutory Probate Judge
Friendswood, TX
Randy Drewett
Attorney at Law
Beaumont, TX
Tina R. Green
Capshaw Green, PLLC
Texarkana, TX
Craig Hopper
Hopper Mikeska, PLLC
Austin, TX
Mary Alice Jackson
Mary Alice Jackson, P.C.
Austin, TX
Joanna Jefferson
The University of Texas School of Law
Austin, TX
Hon. Steve M. King
Senior Statutory Probate Judge
Fort Worth, TX
Christina Lesher
The Law Office of Christina Lesher, PC
Houston, TX
Renée C. Lovelace
The Lovelace Law Firm, P.C.
Austin, TX
Pi-Yi Mayo
Mayo & Poland PLLC
Baytown, TX
Marilyn G. Miller
Marilyn G. Miller, Attorney at Law
Dripping Springs, TX
Bryn A. Poland
Mayo & Poland PLLC
Baytown, TX
Paul Premack
The Premack Law Office
San Antonio, TX
Elisa Dillard Rainey
Rainey & Rainey, Attorneys at Law LP
Waco, TX
Nancy Sosa
Cadence Bank
Austin, TX
Wesley E. Wright
Wright Abshire, Attorneys
Bellaire, TX

UT Law CLE

2019 Estate Planning, Guardianship and Elder Law Conference

Credit Information

MCLE Credit

Texas
15.00 hrs  |  3.00 hrs Ethics  |  4.00 hrs Guardianship
Legal Specialization(s): Estate Planning and Probate Law, Tax Law
Additional Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
California
15.00 hrs  |  3.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Louisiana
15.00 hrs  |  3.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to the Supreme Court of Louisiana Continuing Legal Education Committee within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Oklahoma
18.00 hrs  |  3.50 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other States
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.

Other Credit

Certified Financial Planner (CFP)
18.00 hrs
National Accounting CPE
18.00 hrs
Additional Information
The University of Texas School of Law is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.

Delivery Method: Group-Live

To comply with NASBA Standards, attendees claiming CPE credit must sign in to verify attendance for each segment. Attendance sign-in sheets will be available at the registration desk. You will need your CPA license number to sign in. A CPE Certificate of Completion will be provided at the conclusion of the conference.

Reporting: CPAs are responsible for reporting CPE credits earned to their state's accountancy board, and must retain appropriate documentation of their participation in learning activities. Visit your state’s reporting website for more information or www.nasba.org.
TX Accounting CPE
18.00 hrs
Additional Information
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 will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  
TX Guardianship Certification Board (GCB)
15.00 hrs  |  3.00 hrs Ethics

UT Law CLE

2019 Estate Planning, Guardianship and Elder Law Conference

Key Dates

Galveston

  • Last day for Individual early registration: Jul 24, 2019
    Add $50 for registrations received after this time
  • Last day for Group (5-9 ppl) early registration: Jul 24, 2019
    Add $50 for registrations received after this time
  • Last day for Group (10 or more ppl) early registration: Jul 24, 2019
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Jul 26, 2019
  • Last day for cancellation (partial refund): Jul 29, 2019
    $50 processing fee applied

UT Law CLE

2019 Estate Planning, Guardianship and Elder Law Conference

Hotel / Venue

Galveston

Moody Gardens

Seven Hope Boulevard
Galveston, TX
888.388.8484 (reservations)

Accommodations

$199 room rate through July 8, 2019 (subject to availability).

To Make a Reservation Online:
Click the link below, choose your dates, and continue the booking process.
https://res.windsurfercrs.com/ibe/details.aspx?propertyid=14179&nights=1&checkin=07/30/2019&group=UT LAW 2019   

To Make a Reservation over the Phone:
Please call the toll free reservations number; 888-388-8484 any time between 6:00 am and 12:00 am seven days a week. In order to get the special $199.00 rate, the caller must ask for the UT Estate Planning, Guardianship & Elder Block. 
 

Parking Information

Complimentary self-parking

UT Law CLE

2019 Estate Planning, Guardianship and Elder Law Conference

Sponsors