Merchandise Details
Power, Money, Sex and Drugs – Elder Law in 21st Century America (2016 Fall Meeting - CD)
Member Price$135.00
Non-Member Price$243.00
Merchandise Description

Introduction and Demographics

Getting Older? Who Isn’t These Days?

A brief overview of the origins and scope of ‘Elder Law’; a review of the demographics of the U.S. population and a discussion of why Elder Law is so important to trusts and estates practitioners in 21st Century America.

Keith Bradoc Gallant, New Haven, CT


Diminished Capacity: Definitions, Consequences and Proactive Planning – Why Our Laws Don’t Work

An introduction to the theoretical and practical issues lawyers face in planning for clients with potential capacity concerns and a discussion of the inadequacy of current law in this context.

Adult Guardianships and other Contested Proceedings An examination of the effectiveness of estate planning documents as alternatives to adult guardianships with particular emphasis on techniques designed to assure compliance with prior wishes of clients whose capacity is now diminished.

Richard E. Davis, Canton, OH
James R. George, Fort Lauderdale, FL
Diana S.C. Zeydel, Miami, FL


Social Security, Medicare and Medicaid

A wide-ranging overview of the three major types of governmental assistance benefits available to the elderly.

Long-Term Care Insurance

An introduction to how long term care insurance works (and doesn’t) and a discussion of why clients might want it, and why they might not need it; as well as a look at the newer “hybrid” policies.

The Use (and Abuse) of Financial Powers of Attorney, Funded Revocable Trusts and Adult Guardianships: Detecting, Redressing and Preventing Elder Financial Abuse

A review of the most common planning tools for managing clients’ assets during life, including Durable Financial Powers of Attorney, funded Revocable Trusts, and Court-supervised Guardianships; together with a discussion of “defensive” techniques to protect clients from financial abuse.

Prof. Lawrence A. Frolik, Pittsburgh, PA
Bernard A. Krooks, New York, NY
Kristen M. Lewis, Atlanta, GA
Deborah J. Tedford, Mystic, CT


Marriage, Divorce and Pre and Post Nuptial Agreements

A discussion of the unique issues presented by marriage and divorce among the elderly and some approaches to addressing these situations with pre and post nuptial agreements.

Assisted Living Contracts

A review of the legal issues raised by admissions contacts for the range of assisted living facilities into which elderly (and not so elderly) clients move and the rights, rewards and risks these present.

Prof. Lawrence A. Frolik, Pittsburgh, PA
Deborah J. Tedford, Mystic, CT


Health Care Powers of Attorney, Adult Guardianships and End of Life Medical Decision-Making

A discussion of the crucial importance of “lifetime” health care planning designed to assure that effective documents are in place when needed and an examination of the potential consequences to clients, their families and the health care system when such planning is neglected.

Julia B. Meister, Cincinnati, OH
Regina M. Spielberg, Paramus, NJ


Who Is the Client? Undue Influence! Model Rule 1.14: Representing Clients with Diminished Capacity

An examination of the ethical challenges that Elder Law attorneys face, including identification of the client, dealing with suspected undue influence and representing clients who have diminished capacity including a discussion of the revised 2016 ACTEC Commentary to Model Rule 1.14 (Client with Diminished Capacity).

Prof. Karen Elizabeth Boxx, Seattle, WA
Prof. Mary F. Radford, Atlanta, GA

ACTEC 2016 Fall Meeting
October 21, 2016
Charleston, SC