Meeting of Elder Law Section of the CBA November 15, 2018

Transcription

1 Meeting of Elder Law Section of the CBA November 15, 2018 Chair: Arlene Barringer Denver Chair Elect: Brooke Brestel Broomfield Secretary: Sherene Stenger Denver Treasurer: Charles Spence Durango Council Members: Erin Connor Shauna Clemmer Ft. Collins Grand Junction Tamara Trujillo Denver Letty Maxfield Patrick Thiessen Mallory Hasbrook Denver Jefferson Denver CBA Liaison: Juliann Tricarico Denver CBA Board of Governors Rep.: Marco Chayet Denver Frank Slaninger Honorary Acronym Key: ELS Elder Law Section EC Executive Council T&E Trust and Estates Section SRC Statutory Revisions Committee DPC Denver Probate Court PoA Power of Attorney NCCUSL National Conference of Commissioners on Uniform State Laws HCPF Department of Health Care Policy and Financing Other abbreviations: BOG - Board of Governors M/S/A a motion was made, seconded and approved by the voting members. M/S/D a motion was made, seconded and denied by the voting members. SLD Senior Law Day LPC Legislative Policy Committee 1. Call to Order at 8:40AM. Introductions followed, and the sign-in sheet was circulated. Please sign in or you may not be included in the minutes. Those attending were: 1

2 IN PERSON: Arlene Barringer Frank Baysore Dave Bernhart Brooke Brestel W. Dirk Costin Jonathan Culwell John Ferguson Susie Germany Carl Glatstein Sarah Golombek Virginia Frazer-Abel Karin Johnson Robert Keating Eric Kelly Stan Kent Michele Lawonn Kevin Lazar Kelsey Lesco Thomas Linn Letty Maxfield Kayla Nelson Cecille Partee Clarice Partee Jody Pilmer Carl Robicheaux Sherene Stenger Nancy Petersen Rebecca Slack Juliann Tricarico Herbert Tucker Barbara Van Vliet Robert Wiegand Pam Wilson ON PHONE: Chris Brock Kris Callahan Shauna Clemmer Spencer Crona Rikke Liska Nancy Marsters Elizabeth Pierce Durance Charles Spence Steven Strandberg Patrick Thiessen 2. Call for review and approval of the October 2018 Minutes. M/S/A the October 2018 minutes. 3. Chair s Report Arlene Barringer presented. The Bar Association will be moving its offices. Beginning January 2, 2019, CBA s and CLE s offices will be located at 1290 Broadway Street, Suite 1700, Denver. The new offices are located in a beautiful space with greatly improved technology. CBA is committed to accommodating the monthly meetings of the Elder Law and Trust & Estate Sections, but cannot accommodate the meeting day of third Thursdays. Therefore, beginning in February 2019, our monthly meeting 2

3 dates will move to the FIRST WEDNESDAYS of the month. There is a contest to select a new name for the first Wednesday meetings, to replace the name Super Thursdays. Please submit your suggestions to replace the name Super Thursday to Melissa Nicoletti at melissan@cobar.org. Please subject your Wonderful Wednesday naming contest. At CBA s request due to the move schedule, there will be NO monthly meeting in January There is no Executive Council meeting today. 4. Treasurer's Report Charles Spence-presented by phone. The balance in the section s account is approximately $14, Old Business a. Committee Reports (Chairperson of the committee may report any current matters.) Our current committees are: i. Civic and Community Affairs Committee (CCA): Chair: Sandra Sigler not present. Kayla Nelson presented. There will not be a meeting today. The committee is requesting sponsorship for the SLD Handbook. The Handbook is given out to the public at the various SLD events. Last year, 5000 copies were printed. Monetary contributions for sponsorship are due by December 31, The chapters in the handbook are also available on the CBA website. The next meeting for this committee will be in December. ii. iii. iv. CLE and Publications Committee: Chair: TBD. Brooke Brestel presented. This committee is currently seeking a chairperson. Please contact Arlene Barringer or Brooke Brestel if interested in serving as chairperson for this committee or if interested in presenting a CLE. The CLE speaker this month is Alec Rothrock on the topic of Legal Ethics Issues in Representing Client with Diminished Capacity. Elder Law Retreat: Co-Chairs: Susie Germany and Tammy Conover. Susie Germany presented. The meeting will begin at 11am today and the committee will be discussing feedback from the Elder Law Retreat held in August Medicaid Regulatory Reform/Legislation Committee (MRRC): Co-chairs: Virginia Frazer-Abel and Eric Kelly. Eric Kelly presented. Please Ms. Frazer-Abel or Mr. Kelly if you are interested in joining this committee. Mr. Kelly will send out a schedule for future meetings and will decide whether they will be in person or held telephonically. In January 2019, there may be 3

4 proposed bills related to Medicaid. The co-chairs envision this committee will be a forum to discuss issues related to Medicaid and how to effectively communicate with and respond to HCPF. v. Probate Trial & Procedure Committee: Co-Chairs: Jody Pilmer and Zach Schlichting. Jody Pilmer presented. The 2018 Probate Trial and Procedure Committee will host the 3 rd Annual Pre- Holiday Mini retreat on December 4, 2018 from 4pm-6pm at the University Club. Contact Mr. Pilmer if you would like to attend. There will be a panel discussion by the Honorable Richard Gabriel, the Honorable Diana Terry and Marcie McMinimee regarding How the Sausage was Made: The Genesis & Goals of the Probate Rule & Form Changes. This Committee will also be working on amending Financial Plans and investigating the inconsistencies with the Conservatorship and the POA statutes. vi. vii. viii. ix. Advanced Legislative Response Team Joint Subcommittee: Cochairs: Marco Chayet and Letty Maxfield. Letty Maxfield presented. No report. Office of the Public Guardianship Committee (OPG): Chair: Carl Glatstein presented. Nothing is actively going on with this committee. It is still working on the funding issues. The Commissioners for the OPG will be revisiting the legislature in an attempt to get this office funded. This week, Channel 9 broadcasted a three-day segment regarding seniors being stranded in Denver area hospitals. Attendees at the meeting viewed the last segment from Channel 9 News (played from the Channel 9 News website). Mental Health Committee: Chair: Jonathan Culwell presented. This committee is in the process of being formed. Mr. Culwell if you are interested in joining this committee. Electronic Will & Remote Notarization Joint Subcommittee Cochairs: Letty Maxfield and Herb Tucker. Letty Maxfield presented. No report. x. Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act Subcommittee: Co-chairs: Catherine Seal and Brooke Brestel. Brooke Brestel presented. At the last Stakeholder s meeting, Article 5 was reviewed. The next step is to continue discussions between Ms. Liska, Ms. Brestel and Mr. 4

5 Schupbach. The Colorado Uniform Law Commission is not running this bill during the next session. xi. xii. Subcommittee for Fiduciary Duties and Entities: Chair: Scott Challinor, not present. No report. Mandatory Reporting Committee: Chair: Kris Zumalt-not present. Kayla Nelson presented. This committee is currently on hold. b. Liaison Reports i. Board of Governors: Marco Chayet not present. No report. ii. iii. iv. Legislative Relations: Jeremy Schupbach not present. No report. Trust and Estate Section Liaison: Patrick Thiessen-presented by phone. T and E will vote today on whether to run a Probate Omnibus Bill. Dennis Whitmer was awarded the Sterling Ambler Award at the T and E dinner. Congratulations to Mr. Whitmer. SRC Liaison: Nancy Peterson/Mallory Hasbrook. Nancy Peterson presented. a. ADR Subcommittee-Please contact Judge Stewart if you are interested in participating in this subcommittee. b. Uniform Direct Trust Act has been presented to the ULC for consideration and is on track to be offered to the legislature this year. c. Uniform Fiduciary Income and Principal Act and Uniform Guardianship, Conservatorship and Other Protective Arrangements Act- neither of these acts will be offered this year. d. Child Support in Probate Subcommittee-this subcommittee will begin working on a statutory fix so that child support is not litigated in the probate court. Please contact Ms. Schuler if you would like to be a member of this subcommittee. e. David Kirsh reported that the Real Estate Section is considering revisions to the statutes regarding warranty deeds, special warranty deeds, bargain and sale deeds and quit claim deeds. v. Outreach Coordinator: Mallory Hasbrook. Nancy Peterson presented. No report. 5

6 vi. Communications Representative: TBD. Arlene Barringer presented. Paige Armstrong was volunteered to serve as the new communications representative. Executive Council will take a formal vote to appoint Paige to this position in the next few weeks. Thank you to Paige Armstrong (and to the Council member who volunteered her). vii. CBA Legislative Policy Committee Liaisons: Brooke Brestel/Patrick Thiessen. Brooke Brestel presented. No report. The legislative training previously scheduled for November 14, 2018 was cancelled. viii. ix. UTC Committee Liaison: Michael Kirtland-not present. No report. NAELA Colorado: Marco Chayet- not present. No report. x. National Guardianship Association/Colorado Guardianship Association: Sarah Golombek presented. On November 13, 2018, at Porter Place, there was a presentation on Medicaid Waivers- Everything You Didn t Know that You Should Know. The next presentation will be on January 8, 2019 at Porter Place at 8:30am on the topic of Boundaries, presented by Lucy Dreyer, LCW of Counseling and Care Navigation Services. Sarah Golombek is the President for xi. xii. xiii. xiv. CBA Ethics Committee: Michael Kirtland- not present. No report. Probate Rules & Forms Committee: Marcie McMinimee-not present. No report. SRC Public Administrator Liaison: Marcie McMinimee-not present. No report. CBA YLD Liaison: Mallory Hasbrook. Nancy Peterson presented. a Ethics Revue, Featuring The Law Club Special Pricing for YLD Tickets are still available for the November 29 th event in Boulder at the Nomad Playhouse. b. CBA YLD Members are invited to attend the Young Family Law Attorney Breakfast Series: The Sexy Side of Stock Rights: A Beginner s Guide to Mastering Stock Awards in Divorce on November 19 th, from 7:30 AM 8:30 AM at a reduced price. c. Financial Well-Being for Young Lawyers - January 10, 2019, from 4 to 5 p.m. The hour-long presentation will be led by certified financial planners and will cover debt management, 6

7 6. New Business and Announcements effective budgeting, retirement planning and student loan repayment. This program will be held at the Ralph Carr Judicial Center, Room 1E. General discussion about the CBA move and the new first Wednesday meeting date. Save the Date for the Advanced Elder Law Institute which will be in March The Section Meeting ended at 9:26AM. The CLE portion of the meeting began shortly thereafter. The CLE speaker this month was Alec Rothrock on the topic of Legal Ethics Issues in Representing Client with Diminished Capacity. Materials are available on the Section s website. 7