Approved for 12 hours CLE credit, with 3 hours Ethics and Professionalism in Kansas.Pending CLE credit in Missouri
*** To reserve a room, call 785-210-1500 and reference the Kansas Bar Association block. Room rates are $85 (plus tax).
Thursday, October 9, 2014
8:30 am Registration and Continental Breakfast
9:00 am Everything You Wanted to Know about Medicaid for Long-Term Care
(But Wish You Didn’t Have to Ask) (125 minutes)
Molly Mead Wood, Stevens & Brand, LLP
“Spend down,” “Spousal Impoverishment a/k/a Division of Assets,” “KanCare,” “HCBS Waiver,” “Estate Recovery,” “Medicaid Compliant Annuity,” et cetera. We’ve allocated 2.5 CLE hours to facilitate the no-detail-too-small approach to the highly complex topic of Medicaid for long-term care in Kansas. Bring your questions.
11:05 am BREAK
11:25 am Long-Term Care Insurance Contracts and Claims Guide of Attorneys
Stana Martin, PhD, Mrs. LTC, Inc.
Unlike health insurance, where a claim is processed by professional staff, long term care contracts rely on inexperienced family to file. This seminar reviews the claim process in LTCI. It identifies how to read the policy, determine if a claim is likely to be successful, and note the most common pitfalls in filing on these contracts.
12:20 pm LUNCH
1:15 pm Do the Right Thing-Don’t Become a ‘Zombie’ Lawyer-ETHICS
Carol Ruth Bonebrake, Carol Ruth Bonebrake Law Office
The stress of a law practice can turn you into a zombie if you don’t take preventative measures. We’ll talk about what those could be and how to use them, along with the potential unhappy consequences of becoming a zombie lawyer.
2:05 pm Considerations in Drafting Living Wills (25 minutes)
Tim O’Sullivan & Craig Reaves
The presenters will discuss issues involving the drafting of living wills in Kansas. In addition to the legal requirements for having a valid living will, the discussion will address the need therefore notwithstanding there being a health care power of attorney and the coordination of living wills with provisions in health care power of attorneys. Various living will forms also will be included and discussed as to their pros and cons, including a new living will format particularly addressing severe dementia and Alzheimer’s situations.
2:30 pm BREAK
2:45 pm Estate Planning for Same-Sex Couples
Matthew Bish, Foulston Siefkin LLP
A discussion of the estate planning considerations for Kansas domiciled same-sex couples who are contemplating marriage or who were validly married in another jurisdiction. The program will include a discussion on the interplay between the federal place of celebration rules and Kansas laws affecting the planning for same-sex couples
3:35 pm Making a Trust a Special Needs Trust- Whens, Whys & Hows
Craig Reaves, Reaves Law Firm, P.C.
This presentation will describe the unique provisions of a trust that make it a “special needs trust”. Although all special needs trusts will sufficiently explained to put them in proper context, the primary focus is on third party-settled special needs trusts. Design suggestions and sample clauses will be provided. By attending this presentation you will learn when to consider using a special needs trust, what type of trust is appropriate, and how to draft a third-party settled special needs trust.
4:25 pm Adjourn
Friday, October 10, 2014
8:00 am Registration and Continental Breakfast
8:30 am You thought the Trust was Irrevocable: Methods of Modifying and The Rise of Decanting
Terry Fry, Triplett Woolf & Garretson LLC
This program will discuss the various methods under the Kansas Uniform Trust Code of amending or modifying trusts are that irrevocable, as well as the increasingly useful option of “decanting” an irrevocable trust into a new and different irrevocable trust
9:20 am Elder Exploitation Issues from the Civil Side, Exploitation by a Trustee
Shane Rosson, Triplett, Woolf & Garretson, LLC
An overview of Kansas Uniform Trust Code and the claims and remedies that may be available with regard to a beneficiary of a trust that is being exploited by the trustee of the trust.
10:10 am BREAK
10:20 am Taxation of Special Needs Trusts
Eric Parkhurst, Bever Dye, LC
This program will discuss the taxation of trusts, with an emphasis on special needs trusts.
11:10 am BREAK
11:20 am Joint Representation and Diminished Capacity - ETHICS (100 minutes)
Deborah Hughes, Office of the Disciplinary Administrator
The program will address problems in determining who is the client in joint representation situations as well as issues in evaluating the capacity of elderly clients. The KRPCs to be covered will include KRPC 1.6, 1.7, and 1.14.
1:00 pm ADJOURN