Presented by The State Bar of California Trusts and Estates Section
Thursday, June 8, 2017
8:30 a.m. - 4:15 p.m.
The State Bar of California
845 South Figueroa Street
Los Angeles, CA 90017
Earn 6.5 Hours MCLE and Legal Specialization Credit in Estate Planning, Trust and Probate Law
You can now register online for this program. Online registration will close after June 1.
Schedule | Speakers | Essential Information | Mail/Fax Reg. Form | Printable Brochure | Online Registration
For more information, see The Exam and You.
Thursday, June 1, 2017, 12 noon - 1 p.m.
This program offers 1 hour participatory MCLE credit in the area of Elimination of Bias in the Legal Profession and in Society and 1 hour legal specialization credit in Estate Planning, Trust and Probate Law. You must register in advance to participate.
To many, the rules and regulations concerning special needs trust seem capricious and inconsistent. Practitioners often wonder if a special needs trust is needed, and if so, what type and with what terms?
If two preliminary concepts are understood, however, the rules become surprisingly consistent and logical. These are: 1) The nature and differences between means-tested and entitlement public benefits programs, and 2) Federal and State statutes and regulations governing the treatment of trusts by benefits programs under OBRA 93.
This seminar will focus on teaching these two preliminary concepts, and how they affect special needs planning. Participants should then have an understanding of the logic behind special needs trusts, and will be able to better understand whether or not one is appropriate.
The seminar also considers the various types of benefits programs, whether or not excess assets are a problem, and various methods to resolve this if they are. Differences between first and third party trusts and planning will also be discussed, and tools to resolve eligibility problems caused by litigation settlements, unplanned inheritances, and other windfalls.
If you wish to include special needs trusts in your practice, or administer trusts that have such language, you should understand the concepts covered in this seminar to assure you are using these tools properly. This is impossible without understanding public benefits programs and OBRA 93. Inadequate understanding can lead to professional liability for loss of benefits or unnecessary special needs trusts or provisions.
Speaker: Philip Lindsley
Wednesday, June 21, 2017, 12 noon - 1 p.m.
This program offers 1 hour participatory MCLE credit and 1 hour legal specialization credit in Estate Planning, Trust and Probate Law. You must register in advance to participate.
Those practicing in the field of elder law, or with elderly clients or family members, should understand basic advocacy issues in skilled nursing facilities.
People “voluntarily” accept the end of therapy and discharge from facilities because they don’t know their rights. “We are discharging your Dad tomorrow at 10:00 a.m.,” or “Medicare will not pay for any more therapy,” or “We don’t have any “custodial beds” or “we have a long waiting list for Medi-Cal beds” are only a few of the statements that cause people to “voluntarily” stop therapy or accept discharge. None of these are lawful reasons for mandatory discharge. Who knew they had options? Perhaps you can. Learn about your client’s right to care and treatment, and how they can assert these rights under the law and get the care they need, and perhaps benefits to pay for it.
Helping a client qualify for Long Term Care Medi-Cal or other benefits profits them little if they are quickly, and inappropriately, discharged or transferred.
Understanding their rights can help your clients radically change their health care outcomes. We will look at common scenarios, your options, and provide you with the underlying supporting legal authority. These tips are particularly helpful for Elder Law practitioners, but useful for anyone with friend or family who may require long term care.
Speaker Philip Lindsley
We're very grateful for your membership in the Section.
As a token of that, we're offering self-study MCLE credit in the areas of Legal Ethics, Competence Issues, and Recognition and Elimination of Bias in the Legal Profession and in Society. The programs are posted in our Members Only Area.
Simply watch the programs and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.
The Third Edition of the Guide to the California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel Is Available to Trusts and Estates Section Members at a Special Price
Neither the California Rules of Professional Responsibility nor the ABA Model Rules of Professional Conduct provide adequate guidance to California practicing trusts and estates lawyers. The Third Edition of the Guide to the California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel is offered by the Executive Committee of the Trusts and Estates Section of the State Bar (TEXCOM) to provide both general and fact-specific guidance to California trusts and estates lawyers facing common and unusual ethical issues and problems, with an emphasis on application of California-specific rules. The Third Edition replaces the Second Edition, which was released in 2007, and has been updated to reflect the current state of the law, including by way of example changes in the Care Custodian area and evolving social media issues. The updated Guide is an essential addition to the library of every California trust and estate lawyer.
The retail price for the Guide is $85.00. However, the Trusts and Estates Section offers the Guide to Section members at a reduced price of $40.00.
Go to our Sections Bookstore and click on "Trusts and Estates Section".
Educating Seniors Project Seeks Volunteer Attorneys for Speakers Bureau
The Trusts and Estates Section of the State Bar of California is pleased to announce that its Educating Seniors Project (ESP) has a new website: www.educatingseniors.org. ESP is seeking qualified California attorneys with a passion for helping seniors preserve and protect their independence by giving occasional presentations to seniors on issues of pressing concern, such as:
If you are a trusts and estates attorney interested in participating in training to become a part of the ESP Speakers Bureau, and have the flexibility in your schedule to spare an occasional morning or afternoon to speak to seniors about trusts and estates issues, or if you would just like to learn more about the Educating Seniors Project, please contact us at TrustandEstates@calbar.ca.gov.
Radio station KALW regularly broadcasts "Your Legal Rights," a show in which callers can ask questions of attorneys with expertise in different areas of the law.
All members of the Trusts and Estates Section receive the following benefits:
The Advance Care Health Directive (Probate Code Section 4700-4701) is posted online on the State of California's Official California Legislative Information Web site. The form provided in Section 4701 can be used to create an advance health care directive. The other sections of this division govern the effect of the form or any other writing used to create an advance health care directive. An individual may complete or modify all or any part of the form in Section 4701.
The Trust and Estates Section has established an information line to assist you in reporting the activities of attorneys and non-attorneys involved in fraudulent activities against seniors in California. The State Bar of California is authorized to discipline attorneys who have participated in these activities and to pursue complaints against non-attorneys for the unauthorized practice of law. Because of our limited resources, however, we encourage you to also file complaints with other appropriate state agencies and law enforcement branches.
The number is: 1-888-460-7364. Please assist the Section in publicizing the availability of this service! For more resources, see Educating Seniors Speaker Bureau at Educating Seniors.
Continuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Trusts and Estates Section, you're eligible for:
A complete list of the products eligible for a discount is available on a CEB web page accessible through our Members Only Area. Information about the section dues rebate program can be found on the CEB Web site.
Trusts and Estates Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639