2018 Elder Law Mid-Winter CLE Seminar Handbook ... i 2018 Elder Law Mid-Winter CLE Seminar February...

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  • 2018 Elder Law

    Mid-Winter CLE Seminar

    Majestic Elegance Resort

    Punta Cana, Dominican Republic

    Presented by the

    Kentucky Bar Association

    Elder Law Section

    Kentucky Bar Association

    514 West Main Street

    Frankfort, Kentucky 40601

    502.564.3795

    www.kybar.org

  • The Kentucky Bar Association Elder Law Section

    presents:

    2018 Elder Law

    Mid-Winter CLE Seminar

    This program has been approved in Kentucky for 12.00 CLE credits including

    2.00 Ethics credits.

  • Compiled and Edited by: The Kentucky Bar Association

    Office of Continuing Legal Education for

    Kentucky Bar Association Elder Law Section

    © 2018 All Rights Reserved Published and Printed by:

    The Kentucky Bar Association, February 2018. Editor’s Note: The materials included in this Elder Law Section Mid-Winter seminar book are intended to provide current and accurate information about the subject matter covered. The program materials were compiled for you by volunteer authors. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of the Kentucky Bar Association disclaim liability therefor. Attorneys using these materials or information otherwise conveyed during the program, in dealing with a specific legal matter, have a duty to research original and current sources of authority.

  • 2018 Elder Law Mid-Winter CLE Seminar

    Table of Contents

    Agenda............................................................................................................................. i Speakers ........................................................................................................................ iii Building Your Practice: Identifying & Training Referral Sources; Effective Intake Methods; Designing a Consultation that Gets You Hired ...................................... 1 Medicaid Problems and Pitfalls ..................................................................................... 15 Decisions, Decisions: Interaction between Medicaid and VA Aid & Attendance............. 29 Will the Real Client Please Stand Up? (Ethics in the Context of Elder Law) .................. 39 The Bespoke Trust Protector: Tailoring the Role to Suit the Strategy ............................ 49 Trusts as Beneficiaries of Retirement Plans ................................................................ 123

    Repairing a Broken Special Needs Plan ...................................................................... 133

    How to Settle a Decedent's Estate: Determining if Probate is Required; A Look at Tax Issues; Wrapping up Trusts; and Don't Forget Medicaid Estate Recovery .......................................................................................................... 155 Creating Innovative, Cutting-Edge LTC Plan Designs for Clients................................. 173 EC Parental Protection Trust™ ................................................................................... 185 ElderDocx® Kentucky Medicaid Planning – Letter Written Long-Term Care Plan and Asset Protection Plan for Kentucky ....................... 207 Ethics: Client Confidentiality and Clients with Mental Capacity Concerns .................... 231

  • i

    2018 Elder Law Mid-Winter CLE Seminar February 22-24, 2018

    Punta Cana, Dominican Republic Thursday, February 22nd 8:15-8:30 a.m. Registration & Welcome 8:30-10:30 a.m. Building Your Practice: Identifying & Training Referral Sources; Effective Intake Methods; Designing a Consultation that Gets You Hired (2.00 CLE credits) Katherine E. Finnell Bluegrass Elder Law 10:30-10:45 a.m. Break 10:45-11:45 a.m. Medicaid Traps & How to Prepare for Them (1.00 CLE credit) Scott Collins Elder Law Guidance, PLLC 11:45 a.m.-12:45 p.m. Decisions, Decisions: The Interaction between VA Aid & Attendance and Medicaid, and Deciding Which Benefit to Utilize (1.00 CLE credit) Whitney M. Wilson Elder Law of Louisville Friday, February 23rd 8:30-9:30 a.m. Ethics: Who Is Your Client? (1.00 Ethics credit) Shari Polur Polur Elder Law, PLLC 9:30-10:30 a.m. The Bespoke Trust Protector – Tailoring the Trust Protector's Role (1.00 CLE credit) Matthew T. McClintock Evergreen Legacy Planning 10:30-10:45 a.m. Break

  • ii

    10:45-11:45 a.m. Trusts as Beneficiaries of IRAs (1.00 CLE credit) Christine R. Emison Pitt & Emison, PSC 11:45 a.m.-12:45 p.m. Repairing a Broken Special Needs Plan (1.00 CLE credit) Mary Ellis Patton Bluegrass Elder Law Saturday, February 24th 8:30-10:30 a.m. How to Settle a Decedent's Estate: A Look at Tax Issues; Determining if Probate is Required; Wrapping up Trusts; and Don't Forget Medicaid Estate Recovery (2.00 CLE credits) Melissa Rodden Mays Attorney at Law 10:30-10:45 a.m. Break 10:45-11:45 a.m. Creating Innovative, Cutting-Edge LTC Plan Designs for Clients (1.00 CLE credit) Louis W. Pierro, Esq. Pierro, Connor & Associates 11:45 a.m.-12:45 p.m. Ethics: Client Confidentiality and Clients with Mental Capacity Concerns (1.00 Ethics credit) John L. Dotson Kentucky Elder Law

  • iii

    SPEAKERS Katherine E. Finnell Bluegrass Elderlaw, PLLC 120 North Mill Street, Suite 201 Lexington, KY 40503 (859) 281-0048 [email protected] Katie Finnell joined Bluegrass Elderlaw, PLLC in January, 2017, as an associate. She graduated from the University of Kentucky and earned her J.D. from Northern Kentucky University Chase College of Law. She earned her LL.M. in Estate Planning and Elder Law from Western New England University in 2016. Ms. Finnell has experience in estate planning, elder law, and corporate law. She is a frequent presenter on elder law topics and serves on several local boards including the Plantory and a Citizens Foster Care Review Board. She is a member of the Kentucky and Fayette County Bar Associations.

    Scott Collins Elder Law Guidance, PLLC

    291 South Second Street Richmond, KY 40475

    (859) 554-3462 [email protected]

    Scott Collins is the owner of Elder Law Guidance, PLLC in Richmond, where he focuses his practice on Medicaid crisis planning, Veterans' benefits, estate planning, and probate. He has enjoyed a multifaceted career that began in the U.S. Army as an air traffic controller in Hawaii and Alabama. After his military service, he trained for church ministry obtaining his B.A., M.S., and M.Div. in theological studies. He went on to serve churches in Louisiana, Texas, Michigan, New Hampshire, and Tennessee where he helped families and became involved in the joys, struggles, and turmoil of aging, end of life care, and estate planning issues. After his graduation from Salmon P. Chase School of Law at Northern Kentucky University, Mr. Collins launched his own law firm for longevity planning, elder law, special needs planning, estate planning, wills and trusts. He is a member of the National Academy of Elder Law Attorneys, ElderCounsel, the Fayette County Bar Association and is currently serving as Vice-Chair of the Kentucky Bar Association Elder Law Section. Mr. Collins is also very active in many local organizations including the Kentucky Trust for Historic Preservation and the Madison County Estate Planning Board.

    mailto:[email protected] mailto:[email protected]

  • iv

    Whitney M. Wilson Elder Law of Louisville 4500 Bowling Boulevard, Suite 150 Louisville, Kentucky 40207 (502) 410-5080 [email protected]

    Whitney Wilson is a partner at Elder Law of Louisville, where her practice is focused solely on elder law, including wills, powers of attorney, advanced directives, trusts and trust administration, Medicaid planning, VA benefits planning, special needs, guardianship and probate. Ms. Wilson is admitted to practice in Kentucky and is accredited by the VA to assist veterans and their families with claims for benefits. She received her B.S. from the University of Louisville and her J.D. from the University of Louisville Brandeis School of Law. Ms. Wilson is a "Best of Louisville" attorney and has had the honor of being nominated for the Kentucky Bar Association's Distinguished Lawyer Award and for Louisville Business First's Forty Under 40. She is a former Chair of the Kentucky Bar Association's Elder Law Section and currently serves as Chair of its CLE Committee. She is also a member of the National Academy of Elder Law Attorneys, Academy of Special Needs Planners, ElderCounsel, the Estate Planning Council of Metro Louisville, and the Louisville Bar Association. Ms. Wilson is a contributing author of Kentucky Elder Law, a treatise published by Thomson Reuters as part of its Kentucky Practice Series. She co-authored the article "Paying for Long Term Care without Medicaid," which has been published by several organizations, including the American Bar Associa