Overview

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.
2021 highlights include:

  • Hear an update on new legislation impacting estate planning, guardianships, trusts and related practice areas. 
  • Insight into Paying for Home Care in the Pandemic and Beyond: Medicaid and VA Benefits.
  • Gain practice tips and discuss forms for the creation of a temporary guardianship and other emergency relief.
  • Explore guardianship essentials, key issues, and alternatives—for up to 4.00 hours of Guardianship credit.
  • Get answers to your frequently—and sometimes infrequently—asked questions at the popular Ask the Experts panel.
  • New This Year – Join us Friday morning for informative breakout discussions on the issues most relevant to your practice.
Following the conference, attendees will receive a bonus eSupplement to ensure practitioners can earn their required 15.00/3.00 Texas MCLE hours for the year.

Event Schedule

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

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Aug. 5, 2021
    Presiding Officer:
    Bryn A. Poland, Mayo & Poland PLLC - Baytown, TX
  • 8:00 am
    Virtual Exhibit Hall Opens
    Please take time to visit our sponsors and exhibitors in the virtual exhibit hall. You have the opportunity to meet with sponsors and exhibitors in our Zoom room to hear about their products and services and also possibly win some great prizes.

  • 8:30 am
    Welcoming Remarks

  • 8:40 am
    0.75 hr
    Estate Planning for Retirement Plans in View of the SECURE Act
    Understand the provisions of the SECURE Act that became effective January 1, 2020, and how the SECURE Act is likely to affect estate planning with respect to qualified employee benefit plans and IRAs.

    Karen S. Gerstner, Karen S Gerstner & Associates, P.C. - Houston, TX

  • 9:25 am
    10-Minute Break

  • 9:35 am
    0.75 hr
    What Every Estate Planner Needs to Know About Pooled Trusts
    Learn how special needs planning differs from elder law planning, the intersection of the two, and why a pooled trust might be an option for special needs beneficiaries. Explore what to consider when investigating pooled trusts and what differs about the remainder policies. Drafting tips will include how to give your clients the option to use a pooled trust even when creating a special needs trust as a part of the estate plan.

    Karen Dunivan Konvicka, Commonwealth Community Trust - Richmond, VA
    Materials By:
    Joanne Marcus, Commonwealth Community Trust - Richmond, VA

  • 10:20 am
    10-Minute Break

  • 10:30 am
    0.75 hr
    Legislative Update
    Update on new legislation impacting estate planning, guardianships, trusts and related practice areas. 

    Lauren Davis Hunt, Osborne, Helman, Knebel & Scott, LLP - Austin, TX

  • 11:15 am
    10-Minute Break

  • 11:25 am
    0.75 hr
    Medicaid Update
    Latest developments affecting planning and applications for Medicaid to pay for nursing home care and home care, including policies exempting certain retirement accounts from countable assets, how to deal with barriers to Medicaid home care, and status of Lady Bird Deeds and Transfer on Death Deeds

    H. Clyde Farrell, Farrell & Johnson PLLC - Austin, TX
    Meredith Ann Sullivan, Farrell & Johnson PLLC - Austin, TX

  • 12:10 pm
    Break for Lunch and Visit Exhibitors
    Presentations resume at 12:40 p.m.
    Please take time to visit our sponsors and exhibitors in the virtual exhibit hall. You have the opportunity to meet with sponsors and exhibitors in our Zoom room to hear about their products and services and also possibly win some great prizes.

  • Thursday Afternoon, Aug. 5, 2021
    Presiding Officer:
    Paul Premack, The Premack Law Office - San Antonio, TX
  • Luncheon Presentation
  • 12:40 pm
    0.50 hr
    Remote Execution of Documents: Lessons Learned from the Pandemic
    Review minimum execution requirements for common estate planning documents and why most can’t be signed electronically.  Also, the temporary orders allowing remote notarization of documents and logistics of getting the documents signed.

    William D. Pargaman, Brink Bennett Pargaman Atkins - Austin, TX

  • 1:10 pm
    10-Minute Break

  • 1:20 pm
    0.75 hr
    The Medicaid Exclusion for Business Property: Protecting Clients’ Farms, Ranches and Other Businesses
    Analyze how the attorney can become an invaluable guide in helping the client to traverse the often complicated rules regarding business property and the exemption of same in Medicaid cases.

    Benecia Flores, Petrosewicz Law Firm, P.C. - Richmond, TX
    Wesley E. Wright, Wright Abshire, Attorneys - Bellaire, TX

  • 2:05 pm
    10-Minute Break

  • 2:15 pm
    0.75 hr
    0.75 hr guardianship
    Temporary Guardianships and Other Emergency Relief in a Guardianship Proceeding
    Practice tips and forms for the creation of a temporary guardianship and other emergency relief.

    Kathleen Tanner Beduze, Crain Caton & James PC - Houston, TX

  • 3:00 pm
    10-Minute Break

  • 3:10 pm
    0.75 hr
    Paying for Home Care in the Pandemic and Beyond: Medicaid and VA Benefits
    A primer on the Medicaid programs that pay for home care (Star+Plus Waiver and Community Attendant Services) and on VA benefits that can help with home care (VA pension, Extended Care, Comprehensive Assistance for Family Caregivers).

    Christina Lesher, The Law Office of Christina Lesher, PC - Houston, TX
    Lori A. Leu, Leu & Peirce, PLLC - Plano, TX

  • 3:55 pm
    5-Minute Break

  • 4:00 pm
    1.00 hr
    0.50 hr ethics
    1.00 hr guardianship
    Alternatives to Guardianship Including Support Services
    Exploring the range of supports and services and alternatives to guardianship and a decision tree to determine the necessity of a guardianship in the continuum of care, including an update on capacity assessment tools.

    John B. Henry III, Law Office of John B. Henry, III, PLLC - Bellaire, TX

  • 5:00 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Aug. 6, 2021
    Presiding Officer:
    Kelley M. Bentley, The Bentley Law Firm - Sugar Land, TX
  • 7:30 am
    Virtual Exhibit Hall Opens
    Please take time to visit our sponsors and exhibitors in the virtual exhibit hall. You have the opportunity to meet with sponsors and exhibitors in our Zoom room to hear about their products and services and also possibly win some great prizes.

  • DISCUSSION BREAKOUTS Via Zoom (Select One)
  • Discussion Breakout Sessions
    Join us in Zoom for facilitator led discussion sessions on various Estate Planning, Guardianship and Elder Law topics. Topic selections are below and you may choose which session you will attend. Topics are subject to change before the conference. We will send additional information and instruction on how to join the Zoom meeting the week of the conference. Please note you will need to have the latest version of Zoom, you can find instructions on updating your Zoom client by using this link.

  • Breakout Room A: APS and Getting Action
  • 8:00 am
    0.50 hr
    APS and Getting Action
    Attorneys who practice in Estate Planning, Elder Law, and Guardianship Law will invariably encounter situations that will involve or otherwise implicate the involvement of the Texas Department of Family and Protective Services – Adult Protective Services. The presenter and attendees will discuss various options available to facilitate protection of adults who may be at risk of abuse, neglect and/or exploitation.

    Terry W. Hammond, Texas Guardianship Association - Bryan, TX

  • Breakout Room B: Medicare
  • 8:00 am
    0.50 hr
    All things Medicare
    Open discussion about any and all Medicare issues from application, coverage, costs, Medigap policies, or appeals of denial of benefits. If you have questions or issues about anything dealing with Medicare come join our discussion of all things Medicare.

    Pi-Yi Mayo, Mayo & Poland PLLC - Baytown, TX

  • Breakout Room C: Gun Trusts
  • 8:00 am
    0.50 hr
    Getting Started Drafting Gun Trusts, and Avoiding Lethal Pitfalls
    Discuss any aspects of drafting gun trusts for clients, from getting started in this area all the way to adding advanced features to your trusts. Talk about trusts formed to own ordinary guns, and those intended to own firearms regulated by the National Firearms Act.

    Sean P. Healy, Healy Law Offices, P.C. - Tyler, TX

  • MORNING SESSIONS Via Webcast Portal
  • 8:30 am
    10-Minute Break

  • 8:40 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

  • 9:40 am
    20-Minute Break to Visit Exhibitors

  • 10:00 am
    1.00 hr
    0.50 hr ethics
    1.00 hr guardianship
    Role of the Ad Litem
    A review 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

  • 11:00 am
    5-Minute Break

  • 11:05 am
    0.50 hr
    0.25 hr ethics
    Avoiding Fraud in Public Benefit Eligibility
    Learn the ethical and legal obligations of the attorney to avoid assisting fraud in public benefits eligibility. Consider ethical standards governing this area and criminal sanctions that could apply both to the client and the attorney involved in public benefits fraud. Also, explore different planning scenarios where fraud may be an issue and hear a practical discussion of practices intended to prevent assisting fraud.

    John R. McNair, J. McNair Dallas Law P.C. - Dallas, TX

  • 11:35 am
    Break for Lunch and Visit Exhibitors
    Presentations resume at 12:15 p.m.
    Last chance to visit with our exhibitors before prize drawings! https://utcle.org/conferences/ER21/exhibit-hall

  • Friday Afternoon, Aug. 6, 2021
    Presiding Officer:
    Nancy Sosa, Cadence Bank - Austin, TX
  • Luncheon Presentation
  • 12:15 pm
    0.50 hr
    Granny Had A Gun: Firearms in Estate Planning and Administration
    Explore legal issues, executor liability, transferring Title I and II weapons and discuss penalties.

    Craig S. Adams, Adams & Coker PC - Tyler, TX

  • 12:45 pm
    5-Minute Break

  • 12:50 pm
    0.50 hr
    What the Estate Planner Needs to Know About Trusts as Beneficiaries
    How does a practitioner draft for persons with disabilities when so much of the future is unknown?  This presentation will provide suggestions for building in flexibility for a beneficiary who may improve, decompensate, or do both.  Sample drafting provisions will be provided, including the use of stand-alone trusts; the authority to create contingent trusts, trust modification and reformation, and decanting provisions.

    Mary Alice Jackson, Boyer & Boyer P.A. - Sarasota, FL

  • 1:20 pm
    20-Minute Break Exhibitor Announcements

  • 1:40 pm
    0.50 hr
    I’m Responsible for What?! Counseling Your Clients About Utilizing a Corporate Fiduciary as a Trustee or Executor
    Selecting a fiduciary to administer a trust or estate is a decision that can have a lasting impact for your clients and their loved ones or intended beneficiaries. In many instances, utilizing a corporate fiduciary can provide several benefits and resources that a private fiduciary simply may not have at their disposal. Review common considerations for clients in deciding whether to appoint a corporate fiduciary or reserve the option to appoint a corporate fiduciary in the future.

    Anna María Méndez, Cadence Bank - Austin, TX
    Eric W. Nelson, Dawson Law LLP - Austin, TX

  • 2:10 pm
    10-Minute Break

  • 2:20 pm
    0.75 hr
    Customizing Ancillary Planning Documents for Death and Incapacity + The Use and Misuse of Revocable Trusts
    A practical guide to drafting the “ancillary” documents usually provided by Texas estate planning attorneys: Statutory Durable Power of Attorney, Medical Power of Attorney, Directive to Physicians, Declaration of Guardian, Appointment for Disposition of Remains, and HIPAA Release. Know the many options that should be offered and how to explain them to clients. Also, learn how to present the great debate on “will-based” vs. “trust-based” planning.       

    Tanya Eileen Feinleib, Langley and Banack, Inc. - San Antonio, TX
    Kimberly N. Loveland, Loveland | Grace | Hurley PLLC - Frisco, TX

  • 3:05 pm
    5-Minute Break

  • 3:10 pm
    0.75 hr
    0.25 hr ethics
    Representing Miss Daisy: Ethical Considerations When A Client Has Diminished Capacity, and Estate Planning for Incapacitated Individuals With Plenty of Actual Marbles (And Other Assets Too!)
    Clients sometimes wait until it might be (or is) a little too late to take certain actions in estate planning; however, all is not lost. Know how to successfully navigate new Disciplinary Rule 1.16 in representing clients with diminished capacity.  Also learn how create flexibility in planning to protect for the potential of incapacity and how to convert prior planning to fit the present needs of an incapacitated individual. 

    R. Shaun Rainey, Cotton, Bledsoe, Tighe & Dawson, PC - Midland, TX

  • 3:55 pm
    10-Minute Break

  • 4:05 pm
    1.00 hr
    0.25 hr ethics
    0.25 hr guardianship
    Ask the Experts
    Hear a panel of seasoned experts respond to your frequently—and sometimes infrequently—asked questions, including practice, professional and ethical issues in estate planning, probate, guardianship and elder law. Please submit your questions in advance to ConferenceQA@utcle.org.

    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

  • 5:05 pm
    Adjourn

Conference Faculty

Craig S. Adams

Adams & Coker PC
Tyler, TX

Kathleen Tanner Beduze

Crain Caton & James PC
Houston, TX

Karen Dunivan Konvicka

Commonwealth Community Trust
Richmond, VA

H. Clyde Farrell

Farrell & Johnson PLLC
Austin, TX

Tanya Eileen Feinleib

Langley and Banack, Inc.
San Antonio, TX

Benecia Flores

Petrosewicz Law Firm, P.C.
Richmond, TX

Karen S. Gerstner

Karen S Gerstner & Associates, P.C.
Houston, TX

Terry W. Hammond

Texas Guardianship Association
Bryan, TX

Sean P. Healy

Healy Law Offices, P.C.
Tyler, TX

John B. Henry III

Law Office of John B. Henry, III, PLLC
Bellaire, TX

Craig Hopper

Hopper Mikeska, PLLC
Austin, TX

Lauren Davis Hunt

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

Mary Alice Jackson

Boyer & Boyer P.A.
Sarasota, FL

Hon. Steve M. King

Senior Statutory Probate Judge
Fort Worth, TX

Christina Lesher

The Law Office of Christina Lesher, PC
Houston, TX

Lori A. Leu

Leu & Peirce, PLLC
Plano, TX

Renée C. Lovelace

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

Kimberly N. Loveland

Loveland | Grace | Hurley PLLC
Frisco, TX

Joanne Marcus

Commonwealth Community Trust
Richmond, VA

Pi-Yi Mayo

Mayo & Poland PLLC
Baytown, TX

John R. McNair

J. McNair Dallas Law P.C.
Dallas, TX

Anna María Méndez

Cadence Bank
Austin, TX

Marilyn G. Miller

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

Eric W. Nelson

Dawson Law LLP
Austin, TX

William D. Pargaman

Brink Bennett Pargaman Atkins
Austin, TX

R. Shaun Rainey

Cotton, Bledsoe, Tighe & Dawson, PC
Midland, TX

Meredith Ann Sullivan

Farrell & Johnson PLLC
Austin, TX

Wesley E. Wright

Wright Abshire, Attorneys
Bellaire, 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
Sugar Land, TX

Randy Drewett

Randy E. Drewett, P.C.
Beaumont, TX

Benecia Flores

Petrosewicz Law Firm, P.C.
Richmond, TX

Tina R. Green

The Arnold Companies
Texarkana, TX

John B. Henry III

Law Office of John B. Henry, III, PLLC
Bellaire, TX

Hon. Guy Herman

Travis County Probate Court #1
Austin, TX

Craig Hopper

Hopper Mikeska, PLLC
Austin, TX

Mary Alice Jackson

Boyer & Boyer P.A.
Sarasota, FL

Hon. Steve M. King

Senior Statutory Probate Judge
Fort Worth, TX

Christina Lesher

The Law Office of Christina Lesher, PC
Houston, TX

Lori A. Leu

Leu & Peirce, PLLC
Plano, TX

Renée C. Lovelace

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

Pi-Yi Mayo

Mayo & Poland PLLC
Baytown, TX

John R. McNair

J. McNair Dallas Law P.C.
Dallas, 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

Meredith Ann Sullivan

Farrell & Johnson PLLC
Austin, TX

Wesley E. Wright

Wright Abshire, Attorneys
Bellaire, TX

Credit Info

MCLE Credit
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.
To claim Louisiana MCLE credit, Louisiana credit option must be selected PRIOR to viewing the live webcast. UT Law CLE will report credit on your behalf to LSBA within 30 days after the conference.
The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.
UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
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 to ensure it will qualify for self-reporting your credits.
 
To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. 

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.
MCLE credit is presented based on a 60-minute credit hour.
Other Credit
This course has been approved for Certified Financial Planner (CFP) credit. UT Law CLE will report your credit for you, but we do require your CFP license number and other information in order to do so. Accreditation Coordinator Laura Tolin will follow up with you to obtain this information within 7 days of the conference.

You can learn more at: http://www.cfp.net/
The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and 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.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
This program has been approved for Guardianship credit by the JBCC. UT Law CLE has posted the course number for self-reporting, but attendees who select this credit type should also expect an email from staff with instructions and the course number.

Learn more about self-reporting to JBCC:
https://www.txcourts.gov/jbcc/guardianship-programs/

Key Dates

Live Webcast – Aug 5-6, 2021
Conference Concluded
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Live Webcast
Last day for Individual early registration: Jul 1, 2021

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Last day for Group (5 registrants minimum) early registration: Jul 1, 2021

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Last day for cancellation (full refund): Jul 30, 2021

$50 processing fee applied after this date

Last day for cancellation: Aug 2, 2021

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