REGISTRATION FORM. Financial Elder Abuse Symposium

Transcription

1 Friday, April 20, 2018 Indian Wells REGISTRATION FORM TRUST & ESTATES SECTION Note: One registrant per form. Photocopies may be used. Bar Number: Ea rn Sp 7 H ec o ia urs liz o at f M io n CL C E re an di d t (formerly a Section of The State Bar of California) Name: Cosponsored with the DESERT BAR ASSOCIATION Firm: Firm Address: City, State: Zip Code: Phone Number: Address: (Required for confirmation) Program package includes 7 hours of MCLE credit, program materials on USB drive, and lunch. Check here if you do not want your information released PRE-REGISTRATION FEES (check the appropriate circle) o $145 o $295 o $390 CYLA Members Trusts and Estates Section Members Non-Section Members **Onsite registration fees are $295 for Section Members and $390 for Non-Section Members AMOUNT ENCLOSED OR TO BE CHARGED $ Deadline: In order to pre-register, your form and check, payable to California Lawyers Association, or credit card information, must be received by Friday, April 13, Expiration Date: (VISA or MasterCard only) Cardholder s Name: Cardholder s Signature: California Lawyers Association and the Trust & Estates Section are approved State Bar of California MCLE Providers REGISTER ONLINE: Account Number: Earn 7 Hours MCLE Credit and specialization Credit I authorize California Lawyers Association to charge my program registration to my VISA/MasterCard account. (No other credit card will be accepted.) CREDIT CARD INFORMATION (VISA/MASTERCARD ONLY) To: programregistrations@calawyers.org In order to fax your registration, credit card information is MANDATORY. (Photocopies of checks will NOT be accepted.) Program Registrations, California Lawyers Association, 180 Howard Street, Suite 410, San Francisco, CA Mail To: Trust and Estates Section 180 Howard Street Suite 410 San Francisco, California Register Online: Register Online:

2 PROGRAM SCHEDULE REGISTRATION 8:30 a.m. FINANCIAL ELDER ABUSE (CIVIL): THE BASICS: (1.5 HOURS) 9 a.m. - 10:30 a.m. The initial panel will cover the required elements of civil financial elder abuse claims under the Welfare and Institutions Code, the applicable statute of limitations, the enhanced remedies under the Welfare and Institutions Code and the Probate Code, consumer remedies under the Business and Professions Code, Civil Code and Insurance Code, the bundling of financial elder abuse claims with related probate code relief and the jurisdictional hurdles for bringing the actions in civil or probate court. Vivian Thoreen, Esq. (Holland and Knight, Los Angeles) Carlena Tapella, Esq. (Webb & Tapella Law Corporation, Sacramento) Prescott Cole, Esq. (California Advocates for Nursing Home Reform, San Francisco) 10:30 a.m. - 10:45 a.m. FINANCIAL ELDER ABUSE (CIVIL): VIEW FROM THE BENCH: CASE STUDY (1.5 HOURS) 10:45 a.m. - 12:15 p.m. This panel will cover a hypothetical case study of a financial elder abuse action (civil) from the view of the bench officers hearing the case and the forensic psychiatrist testifying as an expert. After giving a general overview of the facts of the case, the panel will discuss the pleadings to be used, interim relief that may be granted, the discovery that should be propounded, the use of expert witnesses and the presentation of effective evidence at trial. Honorable John G. Evans, judge (Riverside County Superior Court Honorable Robert Taylor, judge (ret) (Desert ADR) LUNCH (PROVIDED) 12:15 p.m - 1:15 p.m. FINANCIAL ELDER ABUSE: MEDICAL AND BENCH PERSPECTIVE ON CAPACITY, ELEMENTS OF UNDUE INFLUENCE AND CONSENT (1 HOUR) FINANCIAL ELDER ABUSE (CRIMINAL): WHAT LAW ENFORCEMENT WILL PROSECUTE; CURRENT ELDER SCAMS AND CONSUMER RIP-OFFS (1 HOUR) 2:15 p.m. - 3:15 p.m. This panel will cover the elements of criminal financial elder abuse under the Penal Code, the cases that law enforcement is willing to prosecute, and the proof needed for such prosecution. The panel will also discuss what trust and estate attorneys can do to assist law enforcement in combatting criminal financial elder abuse in terms of record retention (medical records, banking records, deposition testimony). This panel will analyze the most typical scenarios in which criminal financial elder abuse occurs, including current consumer scams, thefts and rip-offs, when civil attorneys should consider involving law enforcement and the legal or financial impediments that may hinder civil attorneys willingness to involve law enforcement. Prescott Cole, Esq., (California Advocates for Nursing Home Reform, San Francisco) 3:15 p.m. - 3:30 p.m. CANCELLATIONS/REFUND POLICY: Cancellations and requests for refunds must be received in writing no later than Friday, April 13, 2018 and are subject to a $50 service charge. Refunds will not be available after this date. QUESTIONS: For registration information call Telephone registrations will not be accepted. For program content and/or Section information call SPECIAL ASSISTANCE: For special assistance, please call ON-SITE: On-site registration will be on a space available basis. Call to confirm space availability. MULTI-DISCIPLINARY APPROACH TO COMBATTING FINANCIAL ELDER ABUSE (1 HOUR) 3:30 p.m. - 4:30 p.m. This panel will cover the availability of multi-disciplinary teams to combat the toughest cases of financial elder abuse, the reasons behind a multi-disciplinary approach, the types of multidisciplinary teams, the cases they treat, the roles of the different team members, and how a referral is made to the team. Geri Crippen-Richardson, 4th District C.A.R.E. coordinator (Riverside County C.A.R.E. Program) ESTATE PLANNING TIPS TO AVOID FINANCIAL ELDER ABUSE (1 HOUR) 1:15 p.m. - 2:15 p.m. 4:30 p.m. - 5:30 p.m. This panel will cover the elements of undue influence under the Welfare and Institutions Code, the Probate Code and the Civil Code, the connection between undue influence and financial elder abuse, and the practical and legal differences between lack of legal capacity and undue influence from the medical perspective and from the judge s perspective. This panel will also provide an overview of the types of geriatric assessments for capacity and analysis for undue Influence that are available where financial elder abuse is suspected, their benefits and limitations, the mechanics of the geriatric assessment and the analysis and the weight given to geriatric assessments and analysis by the bench. Honorable Robert G. Taylor, judge (ret) (Desert ADR) Diana C. Homeier, M.D., (Los Angeles County Elder Abuse Forensic Center; Director, Geriatric Medicine Fellowship Training Program, Keck School of This panel will cover steps an estate planning attorney can take to protect his or her client from future financial elder abuse. This panel will discuss best practices for the client interview, which estate planning instruments are most susceptible to exploitation and why, the types of provisions that may be included in revocable trusts and powers of attorney to reduce opportunities for abuse and the role of certificates of independent review. The panel will also address the pros and cons of QTIP and bypass trusts on the death of the first spouse to reduce opportunities for financial elder abuse, the inclusion of heightened requirements for modification or revocation of the revocable trusts, determinations of incapacity by physicians triggering removal of the Trustee, and pros and cons of trust protectors and co-trusteeships. Katherine C. Campbell, Esq. (Palos Verdes) Christopher Carico, Esq. (Carico Macdonald Kil & Benz, El Segundo)

3 M SCHEDUL REGISTRATION 8:30 a.m. FINANCIAL ELDER ABUSE (CIVIL): THE BASICS: (1.5 HOURS) 9 a.m. - 10:30 a.m. The initial panel will cover the required elements of civil financial elder abuse claims under the Welfare and Institutions Code, the applicable statute of limitations, the enhanced remedies under the Welfare and Institutions Code and the Probate Code, consumer remedies under the Business and Professions Code, Civil Code and Insurance Code, the bundling of financial elder abuse claims with related probate code relief and the jurisdictional hurdles for bringing the actions in civil or probate court. Vivian Thoreen, Esq. (Holland and Knight, Los Angeles) Carlena Tapella, Esq. (Webb & Tapella Law Corporation, Sacramento) Prescott Cole, Esq. (California Advocates for Nursing Home Reform, San Francisco) 10:30 a.m. - 10:45 a.m. FINANCIAL ELDER ABUSE (CIVIL): VIEW FROM THE BENCH: CASE STUDY (1.5 HOURS) 10:45 a.m. - 12:15 p.m. This panel will cover a hypothetical case study of a financial elder abuse action (civil) from the view of the bench officers hearing the case and the forensic psychiatrist testifying as an expert. After giving a general overview of the facts of the case, the panel will discuss the pleadings to be used, interim relief that may be granted, the discovery that should be propounded, the use of expert witnesses and the presentation of effective evidence at trial. Honorable John G. Evans, judge (Riverside County Superior Court Honorable Robert Taylor, judge (ret) (Desert ADR) LUNCH (PROVIDED) 12:15 p.m - 1:15 p.m. FINANCIAL ELDER ABUSE: MEDICAL AND BENCH PERSPECTIVE ON CAPACITY, ELEMENTS OF UNDUE INFLUENCE AND CONSENT (1 HOUR) FINANCIAL ELDER ABUSE (CRIMINAL): WHAT LAW ENFORCEMENT WILL PROSECUTE; CURRENT ELDER SCAMS AND CONSUMER RIP-OFFS (1 HOUR) 2:15 p.m. - 3:15 p.m. This panel will cover the elements of criminal financial elder abuse under the Penal Code, the cases that law enforcement is willing to prosecute, and the proof needed for such prosecution. The panel will also discuss what trust and estate attorneys can do to assist law enforcement in combatting criminal financial elder abuse in terms of record retention (medical records, banking records, deposition testimony). This panel will analyze the most typical scenarios in which criminal financial elder abuse occurs, including current consumer scams, thefts and rip-offs, when civil attorneys should consider involving law enforcement and the legal or financial impediments that may hinder civil attorneys willingness to involve law enforcement. Prescott Cole, Esq., (California Advocates for Nursing Home Reform, San Francisco) 3:15 p.m. - 3:30 p.m. CANCELLATIONS/REFUND POLICY: Cancellations and requests for refunds must be received in writing no later than Friday, April 13, 2018 and are subject to a $50 service charge. Refunds will not be available after this date. QUESTIONS: For registration information call Telephone registrations will not be accepted. For program content and/or Section information call SPECIAL ASSISTANCE: For special assistance, please call ON-SITE: On-site registration will be on a space available basis. Call to confirm space availability. MULTI-DISCIPLINARY APPROACH TO COMBATTING FINANCIAL ELDER ABUSE (1 HOUR) 3:30 p.m. - 4:30 p.m. This panel will cover the availability of multi-disciplinary teams to combat the toughest cases of financial elder abuse, the reasons behind a multi-disciplinary approach, the types of multidisciplinary teams, the cases they treat, the roles of the different team members, and how a referral is made to the team. Geri Crippen-Richardson, 4th District C.A.R.E. coordinator (Riverside County C.A.R.E. Program) ESTATE PLANNING TIPS TO AVOID FINANCIAL ELDER ABUSE (1 HOUR) 1:15 p.m. - 2:15 p.m. 4:30 p.m. - 5:30 p.m. This panel will cover the elements of undue influence under the Welfare and Institutions Code, the Probate Code and the Civil Code, the connection between undue influence and financial elder abuse, and the practical and legal differences between lack of legal capacity and undue influence from the medical perspective and from the judge s perspective. This panel will also provide an overview of the types of geriatric assessments for capacity and analysis for undue Influence that are available where financial elder abuse is suspected, their benefits and limitations, the mechanics of the geriatric assessment and the analysis and the weight given to geriatric assessments and analysis by the bench. Honorable Robert G. Taylor, judge (ret) (Desert ADR) Diana C. Homeier, M.D., (Los Angeles County Elder Abuse Forensic Center; Director, Geriatric Medicine Fellowship Training Program, Keck School of This panel will cover steps an estate planning attorney can take to protect his or her client from future financial elder abuse. This panel will discuss best practices for the client interview, which estate planning instruments are most susceptible to exploitation and why, the types of provisions that may be included in revocable trusts and powers of attorney to reduce opportunities for abuse and the role of certificates of independent review. The panel will also address the pros and cons of QTIP and bypass trusts on the death of the first spouse to reduce opportunities for financial elder abuse, the inclusion of heightened requirements for modification or revocation of the revocable trusts, determinations of incapacity by physicians triggering removal of the Trustee, and pros and cons of trust protectors and co-trusteeships. Katherine C. Campbell, Esq. (Palos Verdes) Christopher Carico, Esq. (Carico Macdonald Kil & Benz, El Segundo)

4 PROGRAM SCHEDULE REGISTRATION 8:30 a.m. FINANCIAL ELDER ABUSE (CIVIL): THE BASICS: (1.5 HOURS) 9 a.m. - 10:30 a.m. The initial panel will cover the required elements of civil financial elder abuse claims under the Welfare and Institutions Code, the applicable statute of limitations, the enhanced remedies under the Welfare and Institutions Code and the Probate Code, consumer remedies under the Business and Professions Code, Civil Code and Insurance Code, the bundling of financial elder abuse claims with related probate code relief and the jurisdictional hurdles for bringing the actions in civil or probate court. Vivian Thoreen, Esq. (Holland and Knight, Los Angeles) Carlena Tapella, Esq. (Webb & Tapella Law Corporation, Sacramento) Prescott Cole, Esq. (California Advocates for Nursing Home Reform, San Francisco) 10:30 a.m. - 10:45 a.m. FINANCIAL ELDER ABUSE (CIVIL): VIEW FROM THE BENCH: CASE STUDY (1.5 HOURS) 10:45 a.m. - 12:15 p.m. This panel will cover a hypothetical case study of a financial elder abuse action (civil) from the view of the bench officers hearing the case and the forensic psychiatrist testifying as an expert. After giving a general overview of the facts of the case, the panel will discuss the pleadings to be used, interim relief that may be granted, the discovery that should be propounded, the use of expert witnesses and the presentation of effective evidence at trial. Honorable John G. Evans, judge (Riverside County Superior Court Honorable Robert Taylor, judge (ret) (Desert ADR) LUNCH (PROVIDED) 12:15 p.m - 1:15 p.m. FINANCIAL ELDER ABUSE: MEDICAL AND BENCH PERSPECTIVE ON CAPACITY, ELEMENTS OF UNDUE INFLUENCE AND CONSENT (1 HOUR) FINANCIAL ELDER ABUSE (CRIMINAL): WHAT LAW ENFORCEMENT WILL PROSECUTE; CURRENT ELDER SCAMS AND CONSUMER RIP-OFFS (1 HOUR) 2:15 p.m. - 3:15 p.m. This panel will cover the elements of criminal financial elder abuse under the Penal Code, the cases that law enforcement is willing to prosecute, and the proof needed for such prosecution. The panel will also discuss what trust and estate attorneys can do to assist law enforcement in combatting criminal financial elder abuse in terms of record retention (medical records, banking records, deposition testimony). This panel will analyze the most typical scenarios in which criminal financial elder abuse occurs, including current consumer scams, thefts and rip-offs, when civil attorneys should consider involving law enforcement and the legal or financial impediments that may hinder civil attorneys willingness to involve law enforcement. Prescott Cole, Esq., (California Advocates for Nursing Home Reform, San Francisco) 3:15 p.m. - 3:30 p.m. CANCELLATIONS/REFUND POLICY: Cancellations and requests for refunds must be received in writing no later than Friday, April 13, 2018 and are subject to a $50 service charge. Refunds will not be available after this date. QUESTIONS: For registration information call Telephone registrations will not be accepted. For program content and/or Section information call SPECIAL ASSISTANCE: For special assistance, please call ON-SITE: On-site registration will be on a space available basis. Call to confirm space availability. MULTI-DISCIPLINARY APPROACH TO COMBATTING FINANCIAL ELDER ABUSE (1 HOUR) 3:30 p.m. - 4:30 p.m. This panel will cover the availability of multi-disciplinary teams to combat the toughest cases of financial elder abuse, the reasons behind a multi-disciplinary approach, the types of multidisciplinary teams, the cases they treat, the roles of the different team members, and how a referral is made to the team. Geri Crippen-Richardson, 4th District C.A.R.E. coordinator (Riverside County C.A.R.E. Program) ESTATE PLANNING TIPS TO AVOID FINANCIAL ELDER ABUSE (1 HOUR) 1:15 p.m. - 2:15 p.m. 4:30 p.m. - 5:30 p.m. This panel will cover the elements of undue influence under the Welfare and Institutions Code, the Probate Code and the Civil Code, the connection between undue influence and financial elder abuse, and the practical and legal differences between lack of legal capacity and undue influence from the medical perspective and from the judge s perspective. This panel will also provide an overview of the types of geriatric assessments for capacity and analysis for undue Influence that are available where financial elder abuse is suspected, their benefits and limitations, the mechanics of the geriatric assessment and the analysis and the weight given to geriatric assessments and analysis by the bench. Honorable Robert G. Taylor, judge (ret) (Desert ADR) Diana C. Homeier, M.D., (Los Angeles County Elder Abuse Forensic Center; Director, Geriatric Medicine Fellowship Training Program, Keck School of This panel will cover steps an estate planning attorney can take to protect his or her client from future financial elder abuse. This panel will discuss best practices for the client interview, which estate planning instruments are most susceptible to exploitation and why, the types of provisions that may be included in revocable trusts and powers of attorney to reduce opportunities for abuse and the role of certificates of independent review. The panel will also address the pros and cons of QTIP and bypass trusts on the death of the first spouse to reduce opportunities for financial elder abuse, the inclusion of heightened requirements for modification or revocation of the revocable trusts, determinations of incapacity by physicians triggering removal of the Trustee, and pros and cons of trust protectors and co-trusteeships. Katherine C. Campbell, Esq. (Palos Verdes) Christopher Carico, Esq. (Carico Macdonald Kil & Benz, El Segundo)

5 Friday, April 20, 2018 Indian Wells REGISTRATION FORM TRUST & ESTATES SECTION Note: One registrant per form. Photocopies may be used. Bar Number: Ea rn Sp 7 H ec o ia urs liz o at f M io n CL C E re an di d t (formerly a Section of The State Bar of California) Name: Cosponsored with the DESERT BAR ASSOCIATION Firm: Firm Address: City, State: Zip Code: Phone Number: Address: (Required for confirmation) Program package includes 7 hours of MCLE credit, program materials on USB drive, and lunch. Check here if you do not want your information released PRE-REGISTRATION FEES (check the appropriate circle) o $145 CYLA Members o $295 Trusts and Estates Section Members o $390 Non-Section Members **Onsite registration fees are $295 for Section Members and $390 for Non-Section Members AMOUNT ENCLOSED OR TO BE CHARGED $ Deadline: In order to pre-register, your form and check, payable to California Lawyers Association, or credit card information, must be received by Friday, April 13, (VISA or MasterCard only) Cardholder s Name: Cardholder s Signature: California Lawyers Association and the Trust & Estates Section are approved State Bar of California MCLE Providers REGISTER ONLINE: Expiration Date: Earn 7 Hours MCLE Credit and specialization Credit Account Number: I authorize California Lawyers Association to charge my program registration to my VISA/MasterCard account. (No other credit card will be accepted.) CREDIT CARD INFORMATION (VISA/MASTERCARD ONLY) To: programregistrations@calawyers.org In order to fax your registration, credit card information is MANDATORY. (Photocopies of checks will NOT be accepted.) Mail To: Program Registrations, California Lawyers Association, 180 Howard Street, Suite 410, San Francisco, CA Trust and Estates Section 180 Howard Street Suite 410 San Francisco, California Register Online: Register Online:

6 Friday, April 20, 2018 Indian Wells REGISTRATION FORM TRUST & ESTATES SECTION Note: One registrant per form. Photocopies may be used. Bar Number: Ea rn Sp 7 H ec o ia urs liz o at f M io n CL C E re an di d t (formerly a Section of The State Bar of California) Name: Cosponsored with the DESERT BAR ASSOCIATION Firm: Firm Address: City, State: Zip Code: Phone Number: Address: (Required for confirmation) Program package includes 7 hours of MCLE credit, program materials on USB drive, and lunch. Check here if you do not want your information released PRE-REGISTRATION FEES (check the appropriate circle) o $145 o $295 o $390 CYLA Members Trusts and Estates Section Members Non-Section Members **Onsite registration fees are $295 for Section Members and $390 for Non-Section Members AMOUNT ENCLOSED OR TO BE CHARGED $ Deadline: In order to pre-register, your form and check, payable to California Lawyers Association, or credit card information, must be received by Friday, April 13, Expiration Date: (VISA or MasterCard only) Cardholder s Name: Cardholder s Signature: California Lawyers Association and the Trust & Estates Section are approved State Bar of California MCLE Providers REGISTER ONLINE: Account Number: Earn 7 Hours MCLE Credit and specialization Credit I authorize California Lawyers Association to charge my program registration to my VISA/MasterCard account. (No other credit card will be accepted.) CREDIT CARD INFORMATION (VISA/MASTERCARD ONLY) To: programregistrations@calawyers.org In order to fax your registration, credit card information is MANDATORY. (Photocopies of checks will NOT be accepted.) Program Registrations, California Lawyers Association, 180 Howard Street, Suite 410, San Francisco, CA Mail To: Trust and Estates Section 180 Howard Street Suite 410 San Francisco, California Register Online: Register Online: