Elder Law Institute 2018

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Harrisburg - Both Days
Harrisburg Hilton & Towers
One North Second Street, Second & Market Streets, Harrisburg PA, 17101
STARTThu., Jul. 19, 2018
8:20 AM
ENDFri., Jul. 20, 2018
4:30 PM
CLE 12 sub/4 eth PRICE Regular: $575.00
New Attorney: $275.00
Harrisburg - Day One
Harrisburg Hilton & Towers
One North Second Street, Second & Market Streets, Harrisburg PA, 17101
STARTThu., Jul. 19, 2018
8:20 AM
ENDThu., Jul. 19, 2018
4:30 PM
CLE 6 sub/2 eth PRICE Regular: $350.00
New Attorney: $175.00
Harrisburg - Day Two
Harrisburg Hilton & Towers
One North Second Street, Second & Market Streets, Harrisburg PA, 17101
STARTFri., Jul. 20, 2018
8:20 AM
ENDFri., Jul. 20, 2018
4:30 PM
CLE 6 sub/2 eth PRICE Regular: $350.00
New Attorney: $175.00


Registration is open! Reserve your seat now for the premier elder law event of the year.

Discover PA’s most popular elder law event
The variety of great sessions and the opportunity to be updated on so many different topics, make the Elder Law Institute a favorite event year after year. The 2018 program promises to be better than ever, so sign up so we can save a place for you.

Explore cutting edge issues & current trends
Our faculty zeros in on the most cutting edge and current issues in elder law practice. The tips that our faculty pass on to you are worth more than the price of the tuition. No amount of research will uncover the insights our faculty will offer.

Mark your calendars now!
It’s simply the best way to make sure you are up-to-speed on the latest developments.
Our faculty will fill you in on what’s new and share practical advice from their extensive backgrounds and experience.
You have a choice of taking the materials back to your office in a book or on a searchable USB drive.
So many choices of sessions – select from 30 topics that interest you!
It’s fun and a great opportunity to learn.

Don’t miss Thursday’s cocktail reception
The day doesn’t end when the last class lets out on Thursday. Join your colleagues at the PBA Elder Law Section Reception! We’ll provide the hors d’oeuvres and spirits; you provide the conversation and good cheer at this annual highlight.

Reserve your hotel room at the Hilton
200 Market Street, Harrisburg, PA 17101
If you’re coming from out of town, make your hotel reservation at the Hilton Harrisburg by calling 717-233-6000 and asking for the special PBI Elder Law Institute $139 group rate – group code ELI21. Or use this online link: http://group.hilton.com/PBI21stAnnualElderLaw. Don’t wait until the last minute! The room block is limited and only guaranteed until 7/6/18 or when the block is full, whichever comes first!

7:30 AM – 8:20 AM
Registration and Breakfast

8:20 AM – 10:00 AM
The Year in Review - Mr. Clofine & Ms. Hazen
In this annual highlight of the Institute, you will get a quick summary of recent legislative and regulatory developments in elder law and brief summaries of the most significant cases over the past 12 months. You won’t want to miss it!

10:30 AM – 12:00 AM Concurrent Sessions
Basics of Medicaid Planning - Ms. Seace & Mr. Spurlin
If you are new to the practice of Medicaid planning, this session is for you! We will discuss the basics of Medicaid and touch on topics such as eligibility rules, spend-down techniques, asset transfer rules and strategies, annuities and other useful planning strategies.

Implementation of Community HealthChoices in PA - Ms. Eggleston, Ms. Chervenak & Ms. Timko
It has been six months since the implementation of Community HealthChoices (CHC) in the Southwest Region of Pennsylvania began. Hear updates on the process of enrollments into CHC managed care and the provision of services under CHC from the perspective of both consumers and providers. Learn advocacy tips to help clients navigate this new program and avoid potential pitfalls.

Estate Planning Changes since the Tax Cuts and Jobs Act - Mr. Matthews
Learn how estate planning under the Tax Cuts and Jobs Act now focuses on income tax planning for most estates. In this session you will 1) understand the new estate, gift and GST tax after the TCJA; 2) review Section 1014 Step-up and Section 1015 Carryover Basis and whether you should consider gifting low basis property; 3) review basis issues with GRATs, Powers of Appointments, IDGTs, Gifts and Section 2036 Assets; 4) discuss the impact of state taxation and planning with “out-of-state” trusts/non-PA trusts; 5) cover reforming trusts and the use of Non Judicial Settlement Agreements; 6) talk about Portability and Bypass planning – protecting against a decrease in the exemption – could DSUE be reduced after death?; and 7) address planning for IRAs – strategic issues and analysis.

New CCRC Issues - Ms. Anderson, Mr. Latsha & Prof. Pearson
CCRCs are more than a way to age in place; they offer alternative approaches to financing long-term care. Do our clients know how to evaluate a CCRC facility or a CCRC admission contract? What are typical opportunities for advocacy in a CCRC setting? How do Assisted Living Regulations affect the CCRC environment? How does Medicaid integrate with a CCRC arrangement, especially for couples who have paid a high entrance fee, or where there is a refundable fee or other assets? Is there a difference in cost between a nonprofit and for-profit CCRC? What does it mean when a CCRC is “affiliated” with a church, fraternal organization or other sponsoring organization? What happens when a for-profit company is the service provider or management company for a nonprofit CCRC? We’ll cover all this and more.

12:00 PM – 1:00 PM
Lunch included for all

1:00 PM – 2:00 PM Concurrent Sessions
Appealing Adverse Decisions to the BHA and Beyond - Mr. Marone & Mr. Newell
“Your application has been denied.” Now what? Learn the basics of appealing an adverse decision from the County Assistance Office, including the rights of appellants, who can appeal, and when you should appeal. Discuss strategies to get the best results for your client and preserve benefits. Learn how to avoid the pitfalls of stipulated settlements and how to appeal an adverse decision from an Managed Care Organization (MCO).

Eligibility for the Medically Needy Home and Community-Based Services - Mr. Feldman
Review the general Medicaid income and resource eligibility rules for qualifying for Home and Community-Based Services (HCBS) for long term services and supports (LTSS) under a Pennsylvania Waiver program. Specifically focus on planning strategies to qualify for waiver services where your client receives income in excess of applicable optional categorically needy income levels (“the medically needy”). Also covered will be available strategies, where possible, for maximizing preservation of income for supplemental goods and services. Drafting tips for required documents will be included.

Using Irrevocable Trusts in Pre-Crisis and Crisis Planning - Ms. Alvear & Ms. Sikov Gross
What is an irrevocable trust? Has a client ever asked about setting up an irrevocable trust when you meet them for the first time? Can such a trust be useful in pre-crisis planning? What assets might be placed in an irrevocable trust? What happens if a crisis occurs once the trust has been created? Do you need drafting tips? These questions and others about irrevocable trusts are ones that we will discuss to help your clients decide if an irrevocable trust is right for them.

Guardianship for Someone Who Is 30/30 on the MMSE (Advanced Mental Health Capacity Issues) - Ms. Hee & Mr. Pfeffer
The Folstein Mini Mental Status examination has its place in evaluation of capacity, but it is not the “be all and end all.” Sometimes, there are cases where a person may score very high, or even 30/30 and be incapacitated and in need of a guardian. Explore what other resources are available to assist in determining capacity.

2:15 PM – 3:15 PM Concurrent Sessions
10 Common Mistakes to Avoid When Drafting or Revising Essential Elder Law Documents - Ms. Colbert & Mr. Grebas
Every estate plan must be carefully crafted to meet each client’s goals and needs. The last will and testament, financial and health care powers of attorney and trusts are the key fundamental documents, which when not drafted properly, can wreck your client’s goals. We will discuss the top 10 common drafting errors and provide specific directions to avoiding these mistakes. We’ll also give tips on fixing mistakes in documents prepared by non-elder law practitioners.

Estate Recovery Update - Mr. Foster & Mr. Gerhard
Attorneys Gerhard and Foster will provide their annual update with practice tips and estate recovery war stories. Navigate the process smoothly, obtain undue hardship waivers where appropriate, and learn how to be paid reasonable fees for your time spent on estate recovery matters.

Managing and Monitoring Your Firm’s Social Media (ETHICS) - Ms. Powers
Social media has infiltrated the practice of law at every point of the profession. As attorneys from large and small firms alike, you understand that you are more strapped for time, yet more connected than ever. To stay competitive, you must build and maintain a social media presence and capitalize on the opportunities social media offers. In addition, it is critical for you to understand the Rules of Professional Conduct, which govern communications, including social media.

Medicaid across State Lines: Pennsylvania vs. New Jersey - Mr. Adler
Although Medicaid is a federal program, each state develops and implements its own eligibility criteria, application process and program coverage. Pennsylvania and New Jersey have some similarities but also many differences, some of which are stark in comparison. Focus on those differences and learn how practitioners should adjust their planning, application and appeals process accordingly.

3:30 PM – 4:30 PM Concurrent Sessions
Creative Ways to Plan for Long Term Care - Ms. Steinbacher
Come to this cutting edge session to hear about ways of using financial products and incentives in the tax law to help your clients protect against the cost of long term care. Discuss what attorneys need to know about the pension protection act. Move from just doing impoverishment planning to think about empowerment planning for younger clients!

Medicaid Annuities in Practice - Mr. Morgan & Mr. Parker
Learn common immediate annuity planning techniques to help your client qualify for Medicaid. Spousal annuities as well as “short term” gift and annuity planning will be discussed. And practical case scenarios and calculations will be reviewed.

How to Plan for and Calculate Elective Share - Ms. Trimmer & Ms. Weber
We will explain what the elective share is, when to use it and when not to use it, and how it is calculated.

Managing and Monitoring Your Firm’s Social Media (ETHICS) - Ms. Powers
Social media has infiltrated the practice of law at every point of the profession. As attorneys from large and small firms alike, you understand that you are more strapped for time, yet more connected than ever. To stay competitive, you must build and maintain a social media presence and capitalize on the opportunities social media offers. In addition, it is critical for you to understand the Rules of Professional Conduct, which govern communications, including social media.

4:30 PM – 5:30 PM
Cocktail Reception

7:30 AM – 8:20 AM
Registration and Breakfast for everyone; Breakfast Roundtable Discussions:
1. POAs
2. Elder Law Expertise – Level Up!
3. The Lawyer’s In – Bring Your Questions

8:20 AM – 10:00 AM
Raffles and Introductory Remarks
Keynote Address: Long Term Care in an Age of Disruption - Mr. Gleckman
The author of Caring for Our Parents, Howard Gleckman, will discuss how demographics, technology and public policy are changing the face of long-term care for older adults, their families and society at large. Mr. Gleckman is a Senior Fellow at The Urban Institute, where he is affiliated with both the Tax Policy Center and the Program on Retirement Policy. He is the author the Urban-Brookings Tax Policy Center’s fiscal policy blog Tax Vox and a weekly blog on aging issues for Forbes.com.

10:30 AM – 12:00 AM Concurrent Sessions
Medicare Essentials in 90 Minutes – Mr. McKendree
Get a general overview of Medicare and how the Medicare system works in delivering health care coverage for 65 million individuals. You’ll learn about: eligibility and enrollment in Medicare, the various components of the Medicare system (Parts A and B, Medigap plans, Medicare Advantage plans, and Part D prescription drug plans); the characteristics and function of each component; how they interact within the Medicare system; and how to compare and evaluate the available options to achieve the most effective and affordable health care coverage.

Putting ABLE Accounts into (Your) Practice - Ms. Andrew, Ms. Sappington & Ms. Schoffstall
Persons with special needs arising prior to age 26 can benefit from ABLE accounts, which are noncountable for purposes of SSI and Medicaid eligibility. Since accountholders can establish accounts and make withdrawals without fiduciary oversight, ABLE accounts can provide administrative economy and independence. We'll analyze the law regarding ABLE accounts (including how withdrawals are treated by taxing authorities and benefits programs), discuss changes in ABLE resulting from passage of the ABLE Financial Planning and ABLE to Work acts, and survey various states' ABLE programs, including a step-by-step guide to establishing a PA ABLE account. Keep up-to-date with recent developments so that you can advise your clients when and how best to use this exciting tool.

Business Succession Planning for Elder Law Practices - Ms. Ellis, Mr. Marshall, Mr. Pappas & Ms. Wolfe
Join us for a discussion of the challenges of buying/selling an elder law practice. We’ll provide information about tax issues, business entity selection, strategic planning, practice management and ethics rules, among other issues. The panel will share their insights and experiences from the buyer’s, seller’s and consultant’s perspective, as two of them are in involved in the transition as sellers (Samantha K. Wolfe, Jeffrey A. Marshall), another recently co-purchased an elder law practice (Dionysios C. Pappas), and another is a law practice management consultant (Jennifer L. Ellis).

PI Settlement Planning: From Date of Loss to Funding…and Beyond – Mr. Gray
Planning for the short and long term needs of an injured client begins years before the money arrives and decisions made early on can affect options long after the injury case settles.

12:00 PM – 1:00 PM
Lunch included for all

1:00 PM – 2:00 PM Concurrent Sessions
Intersection of Special Needs Trusts and Public Benefits - Mr. Goodall & Ms. Kreisher
Many disabled individuals are receiving much needed public benefits. What happens when they receive an inheritance or a personal injury settlement? Can anything be done to preserve their eligibility? What sort of preplanning could be done to ensure continued eligibility? We will examine how to use first and third party special needs trusts, pooled trusts, as well as ABLE accounts to preserve and protect public benefits for your disabled clients.

An Early Look at the Tax Cuts and Jobs Act - Mr. Clofine, Mr. Gleckman & Ms. Wolfe
We will discuss some of the immediate and long-term effects of the massive 2017 tax law overhaul on seniors and senior services.

Cybersecurity 101 (ETHICS) - Mr. Siegel
With data breaches and cybersecurity incidents on the rise, law firms must protect themselves to reduce their risks. Learn about the many types of cyber risks facing attorneys and their firms, both ethical and practical, and hear suggestions on how to get your houses in order, respond to cyber incidents, and limit your potential liability.

Long Term Care Planning for Blended and Non-Traditional Families - Ms. Laudermilch & Ms. White
Many of our clients are members of modern family structures. We will explore the issues and opportunities available when planning for the long-term care needs of clients in blended and non-traditional families from both an elder and estate law and a family law perspective. This joint family law and estate and elder law discussion will review various planning techniques for modern families, including long-term care planning for clients with children from previous marriages to provide for both the spouse and children from previous relationships and planning for unmarried partners.

2:15 PM – 3:15 PM Concurrent Sessions
Social Security Disability: What Elder Law Practitioners Need to Know - Mr. Whitelaw
For elder law attorneys, it is important to know what benefits are available for their clients and their dependents and how to access them. What is the SSA definition of disability and how do you prove it. What is the application and appeals process? This session is for the practitioner who does not regularly do SSA disability work, but needs to understand the basics to be able to advise elder clients with disabilities.

Practical Guardianship – the Law, the Parties and the Practice - Mr. Dempsey
Guardianship cases can be both elegantly simple and painfully complex. They can be fully adjudicated in fifteen minutes or lead to years-long litigation involving multiple divisions of the Common Pleas and appellate courts. Learn about basic guardianship theory and practice while exploring the myriad ways that guardianship, a proceeding designed to provide assistance, can serve as a beneficial tool or tortured into serving selfish purposes. We’ll cover the law, the parties, and the practical steps for counsel to follow – from preliminary investigation to the end of the case, whatever and wherever that might be.

Drafting Trusts for Beneficiaries with Behavioral Impairments and Mental Health Problems - Mr. Hagan & Dr. Panzer
When drafting trusts for beneficiaries with behavioral impairments and mental health problems, such as opioid addiction or alcohol abuse, relying on the usual standards of “health, maintenance, and support” will likely prove inadequate. But what are the trust provisions that can best carry out the settlors’ goals while also addressing the unique challenges presented by impaired beneficiaries? The co-presenters are an attorney specializing in trust law and a psychiatrist who can contribute to an understanding of the addictive personality, especially in a family context where family members may be asked to serve as trustees.

Communicating about Your Elder Law Practice with Videos - Ms. Sykes
Speak directly to clients, show your knowledge and personality, establish credibility, and create rapport by using videos online. It’s much more impactful than dry text! These days, most websites can easily play videos. In one hour, learn how to make effective, persuasive videos by yourself with a smartphone or camera, or working with a videographer. Find out how to place them on your website for maximum effect or promote them through social media and YouTube. Other topics include: low budget tips to improve quality, SEO considerations, demystifying the lingo, and where to find resources to help you.

3:30 PM – 4:30 PM Concurrent Sessions
Being a Road Warrior Attorney: Staying Organized and in Touch While Out of the Office (ETHICS) - Ms. Ellis
How do you efficiently manage communications with clients, the court, agencies and other entities, your firm and staff when you are out of the office? Discover best practices for record keeping and client communications in the technology age, texting and emailing clients, sending and receiving documents, vpns and commenting to your office securely. Learn proper business practices for the mobile lawyer.

“DHS Has Talent” – Q&A Forum - Ms. Breslin (moderator), Ms. Abelson, Mr. Newell, Mr. Nicholas & Ms. Oakes
Whether you have a new Medicaid application or an existing Medicaid beneficiary, the 162 notice can make or break your day. What are some of the typical notices, the more challenging ones, unique ones, and how do you best respond to those? Discover lessons learned from the DHS attorneys. Also, this is your time to ask questions. Not only will this session give you new insights and answer your questions, but it can also save you and your client time in applications and appeals.

Cosponsor: PBA Elder Law Section

CLE Credits
Each day of this Institute has been approved by the Pennsylvania Continuing Legal Education Board for 6 hours of CLE credit. Workshop choices will determine whether credits are in substantive law, practice and procedure or ethics, professionalism or substance abuse.

CPA Credits
The Pennsylvania Bar Institute has been accepted as a program sponsor by the Pennsylvania State Board of Accountancy and the State of New Jersey Board of Accountancy. Each day of this program qualifies for a total of 7 hours of continuing education credit.

Nursing Home Administrator CE Credits
Approval for 12 professional education credits by the Pennsylvania State Board of Examiners of Nursing Home Administrators is pending.

One copy of the popular materials from the Elder Law Institute © 2018 PBI is included for the day(s) of your registration. Please specify when you register whether you wish to have the USB Drive or printed Course Book. You cannot change your selection on-site; however, you can purchase the USB Drive or Course Book for only an additional $50.


Addie A. Abelson Esq. PA Department of Human Services
Bryan J. Adler Esq., CELA Rothkoff Law Group
Cindy S. Alvear Esq. Julian Gray Associates
Linda M. Anderson-Green Esq., LLM, CELA Anderson Elder Law
Sarah M. Andrew Esq. Schoffstall Elder Law LLC
Dana M. Breslin Esq., CELA Pappano & Breslin
Mary Francesca Chervenak Esq. Pennsylvania Health Law Project
Robert Clofine Esq., CELA The Elder Law Firm of Robert Clofine
Brenda D. Colbert Esq., LLM, CELA Colbert & Grebas PC
Thomas J. Dempsey Jr, Esq. Jones Gregg Creehan & Gerace LLP (Pitts)
Mollie M. Eggleston Allegheny County Department of Human Services
Jennifer L. Ellis Esq. Jennifer Ellis JD, LLC
Stephen A. Feldman Esq. Feldman & Feldman
William Scott Foster Esq. PA Department of Human Services
Robert C. Gerhard III, Esq., CELA Gerhard & Gerhard PC
Howard Gleckman
H. Amos Goodall Jr., Esq., LLM, CELA Steinbacher Goodall & Yurchak PC
Julian E. Gray Esq., CELA Julian Gray Associates
Kevin R. Grebas Esq., CELA Colbert & Grebas PC
Carol Sikov Gross Esq., CELA Sikov & Love PA
Martin J. Hagan Esq. Meyer Unkovic & Scott LLP
Marielle F. Hazen Esq., CELA Hazen Law Group
Linda M. Hee Esq. Schubert Gallagher Tyler & Mulcahey
Kimber L. Latsha Esq. Latsha Davis & McKenna, P.C.
Tina M. Laudermilch Esq. Daley Zucker Meilton & Miner LLC
Anthony L. Marone Esq. McAndrews Law Offices PC
Jeffrey A. Marshall Esq. Marshall Parker & Weber LLC
Guy F. Matthews Esq., LLM Eckell Sparks
William McKendree JD, MPA APPRISE Program of Allegheny County
Colin Adair Morgan Esq. Julian Gray Associates
Mark J. Newell Esq. PA Department of Human Services
Taylor R. Nicholas Esq. Department of Human Services
Dale E. Panzer MD Bryn Mawr Hospital
Dionysios C. Pappas Esq. Vasiliadis Pappas Associates LLC
Matthew J. Parker Esq., CELA Marshall Parker & Weber LLC
Professor Katherine C. Pearson Pennsylvania State University
Sanford L. Pfeffer Esq. Philadelphia Corporation for Aging
Laura Powers Philadelphia Bar Foundation
Anna Sappington Esq. Anna Sappington Esquire
Sally L. Schoffstall Esq., CELA Schoffstall Elder Law
Karyn L. Seace Esq., LLM, CELA Nescio & Seace LLP
Daniel J. Siegel Esq. Law Offices of Daniel J. Siegel, LLC
Erik D. Spurlin Esq., LLM, CELA The Estate & Elder Law Firm of Erik Spurlin
Julieanne E. Steinbacher Esq., CELA Steinbacher Goodall & Yurchak
Andrew G. Sykes Esq., CELA Sykes Elder Law LLC
Karen S. Timko Esq., CELA Julian Gray Associates
Vicky Ann Trimmer CPA, Esq. Daley Zucker Meilton & Miner LLC
Tammy A. Weber Esq., CELA Marshall Parker & Weber LLC
Elizabeth A. White Esq., CELA Marshall Parker & Weber LLC
John S. Whitelaw Esq. Community Legal Aid Society Inc
Samantha K. Wolfe Esq., LLM Maxwell Sipe Law Offices LLC
Faculty may vary by location.
PBI reserves the right to substitute speakers at all programs.