eConference

2021 Estate Planning, Guardianship, and Elder Law eConference

Contains material from Aug 2021 to Sep 2021

2021 Estate Planning, Guardianship, and Elder Law eConference
4.26 out of 5 stars
What was the overall quality of the course (presentation, materials, and technical delivery)?
Rate the overall teaching effectiveness and presentation skills of faculty for the course.
How would you rate the value of the materials provided as part of the course?

Course was advertised as offering up to 4 hours of guardianship training. I completed the entire course, and there were only 3.75 hours. I raised this with UT CLE, and got a favorable outcome. Because people use these courses to recertify for guardianship cases, I think the course should offer 4 hours -- especially if it advertises that up to 4 are available. In this case, 4 hours were not available. This was a good course.

excellent - probably the best one ever!!

Why wasn't Continuing Professional Education (CPE) for Certified Public Accountants (CPAs) listed as an option for econference when it's listed for 16 hours on the face of the course materials???

I round the speakers to be flat in their presentations. The information was good but it was hard to stay focused because of the "formality" of the speakers. They need to be more personable and energetic.

Meet live!

Very good conference. Look forward to being able to go to Galveston again for in-person event.

Excellent topics and presentations.

Very good presentations as usual. I would like to hear about cases where a guardian, estate or person, has gone rouge, over billing, fails to turn over property upon death of Ward, becomes an obstacle between family and Ward, etc.

Technical Questions?
512.475.6700
service@utcle.org



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.
  • Get answers to your frequently—and sometimes infrequently—asked questions at the popular Ask the Experts panel.

Includes: Video Audio Paper Slides


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1. Estate Planning for Retirement Plans in View of the SECURE Act (Sep 2021)

Karen S. Gerstner

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(mp4)
48 mins
(mp3)
48 mins
(pdf)
30 pgs
(pdf)
11 pgs
Session 1 —48 mins
Estate Planning for Retirement Plans in View of the SECURE Act (Sep 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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2. What Every Estate Planner Needs to Know About Pooled Trusts (Sep 2021)

Karen Dunivan Konvicka

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(mp4)
46 mins
(mp3)
46 mins
(pdf)
19 pgs
(pdf)
21 pgs
Session 2 —46 mins
What Every Estate Planner Needs to Know About Pooled Trusts (Sep 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

Karen Dunivan Konvicka, Commonwealth Community Trust - Richmond, VA

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3. Legislative Update (Sep 2021)

Lauren Davis Hunt

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(mp4)
45 mins
(mp3)
45 mins
(pdf)
38 pgs
(pdf)
47 pgs
(pdf)
41 pgs
Session 3 —45 mins
Legislative Update (Sep 2021)

Update on new legislation impacting estate planning, guardianships, trusts and related practice areas. 

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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4. Medicaid Update (Sep 2021)

H. Clyde Farrell, Meredith Ann Sullivan

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(mp4)
46 mins
(mp3)
45 mins
(pdf)
50 pgs
(pdf)
12 pgs
Session 4 —46 mins
Medicaid Update (Sep 2021)

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

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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5. Remote Execution of Documents: Lessons Learned from the Pandemic (Sep 2021)

William D. Pargaman

0.50 0.00 0.00
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(mp4)
30 mins
(mp3)
30 mins
(pdf)
36 pgs
(pdf)
14 pgs
Session 5 —30 mins
Remote Execution of Documents: Lessons Learned from the Pandemic (Sep 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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6. The Medicaid Exclusion for Business Property: Protecting Clients’ Farms, Ranches and Other Businesses (Sep 2021)

Benecia Flores, Wesley E. Wright

0.75 0.00 0.00
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(mp4)
45 mins
(mp3)
45 mins
(pdf)
104 pgs
(pdf)
13 pgs
Session 6 —45 mins
The Medicaid Exclusion for Business Property: Protecting Clients’ Farms, Ranches and Other Businesses (Sep 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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7. Temporary Guardianships and Other Emergency Relief in a Guardianship Proceeding (Sep 2021)

Kathleen Tanner Beduze

0.75 0.00 0.75
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(mp4)
44 mins
(mp3)
44 mins
(pdf)
36 pgs
(pdf)
21 pgs
Session 7 —44 mins
Temporary Guardianships and Other Emergency Relief in a Guardianship Proceeding (Sep 2021)

Practice tips and forms for the creation of a temporary guardianship and other emergency relief.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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8. Paying for Home Care in the Pandemic and Beyond: Medicaid and VA Benefits (Sep 2021)

Christina Lesher, Lori A. Leu

0.75 0.00 0.00
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(mp4)
45 mins
(mp3)
45 mins
(pdf)
246 pgs
(pdf)
57 pgs
(pdf)
12 pgs
Session 8 —45 mins
Paying for Home Care in the Pandemic and Beyond: Medicaid and VA Benefits (Sep 2021)

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).

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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9. Alternatives to Guardianship Including Support Services (Sep 2021)

John B. Henry III

0.75 0.50 0.75
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(mp4)
50 mins
(mp3)
50 mins
(pdf)
15 pgs
(pdf)
22 pgs
(pdf)
18 pgs
Session 9 —50 mins
Alternatives to Guardianship Including Support Services (Sep 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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10. APS and Getting Action (Aug 2021)

Terry W. Hammond

0.50 0.00 0.00
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(mp3)
27 mins
Paper
(pdf)
1 pgs
Session 10 —27 mins
APS and Getting Action (Aug 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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11. All things Medicare (Aug 2021)

Pi-Yi Mayo

0.50 0.00 0.00
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(mp3)
33 mins
(pdf)
40 pgs
Session 11 —33 mins
All things Medicare (Aug 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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12. Getting Started Drafting Gun Trusts, and Avoiding Lethal Pitfalls (Aug 2021)

Sean P. Healy

0.50 0.00 0.00
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(mp3)
32 mins
(pdf)
81 pgs
(pdf)
18 pgs
Session 12 —32 mins
Getting Started Drafting Gun Trusts, and Avoiding Lethal Pitfalls (Aug 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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13. Role of the Guardian (Sep 2021)

Craig Hopper

1.00 0.50 1.00
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(mp4)
60 mins
(mp3)
60 mins
(pdf)
31 pgs
Session 13 —60 mins
Role of the Guardian (Sep 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

Craig Hopper, Hopper Mikeska, PLLC - Austin, TX

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14. Role of the Ad Litem (Sep 2021)

Hon. Steve M. King

1.00 0.50 1.00
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(mp4)
57 mins
(mp3)
57 mins
(pdf)
145 pgs
(pdf)
52 pgs
Session 14 —57 mins
Role of the Ad Litem (Sep 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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15. Avoiding Fraud in Public Benefit Eligibility (Sep 2021)

John R. McNair

0.50 0.25 0.00
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(mp4)
29 mins
(mp3)
28 mins
(pdf)
12 pgs
(pdf)
12 pgs
Session 15 —29 mins
Avoiding Fraud in Public Benefit Eligibility (Sep 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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16. Granny Had A Gun: Firearms in Estate Planning and Administration (Sep 2021)

Craig S. Adams

0.50 0.00 0.00
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(mp4)
30 mins
(mp3)
30 mins
(pdf)
32 pgs
Session 16 —30 mins
Granny Had A Gun: Firearms in Estate Planning and Administration (Sep 2021)

Explore legal issues, executor liability, transferring Title I and II weapons and discuss penalties.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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17. What the Estate Planner Needs to Know About Trusts as Beneficiaries (Sep 2021)

Mary Alice Jackson

0.50 0.00 0.00
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(mp4)
31 mins
(mp3)
31 mins
(pdf)
13 pgs
(pdf)
8 pgs
Session 17 —31 mins
What the Estate Planner Needs to Know About Trusts as Beneficiaries (Sep 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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18. I’m Responsible for What?! Counseling Your Clients About Utilizing a Corporate Fiduciary as a Trustee or Executor (Sep 2021)

Anna María Méndez, Eric W. Nelson

0.50 0.00 0.00
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(mp4)
31 mins
(mp3)
31 mins
(pdf)
19 pgs
Slides
(pdf)
2 pgs
Session 18 —31 mins
I’m Responsible for What?! Counseling Your Clients About Utilizing a Corporate Fiduciary as a Trustee or Executor (Sep 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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19. Customizing Ancillary Planning Documents for Death and Incapacity + The Use and Misuse of Revocable Trusts (Sep 2021)

Tanya Eileen Feinleib, Kimberly N. Loveland

0.75 0.00 0.00
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(mp4)
45 mins
(mp3)
45 mins
(pdf)
38 pgs
Session 19 —45 mins
Customizing Ancillary Planning Documents for Death and Incapacity + The Use and Misuse of Revocable Trusts (Sep 2021)

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.       

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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20. 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!) (Sep 2021)

R. Shaun Rainey

0.75 0.25 0.00
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(mp4)
46 mins
(mp3)
45 mins
(pdf)
29 pgs
Paper
(pdf)
3 pgs
(pdf)
16 pgs
Session 20 —46 mins
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!) (Sep 2021)

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. 

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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

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21. Ask the Experts (Sep 2021)

H. Clyde Farrell, Craig Hopper, Renée C. Lovelace, Marilyn G. Miller

1.00 0.25 0.25
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(mp4)
64 mins
(mp3)
64 mins
Slides
(pdf)
3 pgs
Session 21 —64 mins
Ask the Experts (Sep 2021)

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.

Originally presented: Aug 2021 Estate Planning, Guardianship and Elder Law Conference

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