Meeting of Elder Law Section of the CBA April 19, 2018

Transcription

1 Meeting of Elder Law Section of the CBA April 19, 2018 Co-Chairs: Arlene Barringer Denver Letty Maxfield Denver Secretary: Sherene Stenger Denver Treasurer: Charles Spence Durango Council Members: Erin Connor Shauna Clemmer Ft. Collins Grand Junction Tamara Trujillo Denver Rose Zapor Lakewood CBA Liaison: Amy Sreenen 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 8:30AM. 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: Paige Armstrong Arlene Barringer Jackie Baster Frank Baysore Bryan Benbow Jacqueline Bestel Norv Brasch Brooke Brestel Christopher Brock Erin Connor W. Dirk Costin Brian Davis Cathie Giovannini Carl Glatstein Sarah Golombek Bob Hercher Lori Herrera Carol Johnson Kevin Lazar Thomas Linn Connie Lind Christine Martin Letty Maxfield Michele Lawonn Marcie McMinimee Kayla Nelson Nancy Peterson Ryan Scott Sandra Sigler Amy Sreenen Sherene Stenger Barbara Van Vliet Pamela Wilson Rose Zapor Kris Zumalt ON PHONE: Kris Callahan Marco Chayet Cody Christian Shauna Clemmer Chuck Connell Tammy Connover Spencer Crona Gerard Deffenbaugh Tom Rodriguez Charles Spence Carl Stevens Steven Strandberg Tamara Trujillo 2. Call for review and approval of the March 2018 Minutes. M/S/A the March 2018 minutes. 3. Chair s Report Letty Maxfield presented. Later this month, elections will be held via ballot for the following positions- (1) Vice Chair, (2) At Large Positions, and (1) Young Lawyer position. In addition, after new Council members are in place, Council will appoint an 2

3 Outreach Coordinator and a Communications Representative. If you are interested in serving in one of these two important roles, please let Letty Maxfield or Arlene Barringer know you are interested. 4. Treasurer's Report Charles Spence-presented by phone. The balance in the section s account is approximately $7, Currently, the section is projecting to finish ahead of last year. There is a request to donate $1,000 to the Office of Public Guardianship which will be used for administrative expenses such as postage, letterhead, etc. This request will be discussed at the Executive Council meeting today. 5. 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 presented. The following are dates for various SLD s. a. 17 th Judicial/Adams County- June 2, 2018 b. Jefferson County June 2, 2018 c. Denver County July 28, 2018 e. Larimer County August 4, 2018 f. Grand Junction August 17, 2018 g. 18 th Judicial/Arapahoe County- September 15, 2018 h. Weld County October 5, 2018 Thank you to the ELS for the donation toward the Senior Law Handbook. ii. iii. iv. CLE and Publications Committee: Chair: TBD. Ms. Maxfield presented. Today s CLE will be presented by Norv Brasch, Topic: Right to Remain Frozen. The CLE for May will be presented by Alison Zinn, Candace Werth and Herb Tucker on the topic of Probate Litigation Basics. Please contact Arlene Barringer or Letty Maxfield if interested in serving as chairperson of this committee. Elder Law Retreat: Co-Chairs: Susie Germany and Tammy Connover. Tammy Conover presented. The Elder Law Retreat will be held in Vail on August 23-25, The is no meeting today. The brochure is finalized. This committee is currently working on sponsorships. Medicaid Regulatory Reform/Legislation Committee (MRRC): Co-chairs: TBD. Ms. Maxfield presented. This subcommittee is 3

4 still in the process of being formed. Claire Dineen has written a mission statement for this subcommittee. The section is currently seeking a chairperson or co-chairs. Contact Arlene Barringer or Letty Maxfield if there is interest in reviewing the mission statement or serving as chair/co-chair. v. Probate Trial & Procedure Committee: Co-Chairs: Tom Rodriguez and Aaron Evans. Tom Rodriguez presented by phone. This subcommittee meets at 10am but it may be necessary to find another time slot for this meeting due to the CLE presentations which occur at the same time. vi. vii. Advanced Legislative Response Team Joint Subcommittee: Cochairs: Marco Chayet/Spencer Crona. Spencer Crona presented by phone. General Discussion concerning HB which is a bill intended to create custodial options for families in crisis. General discussions about Custodial POA provisions of the Bill. This bill will be discussed in LPC tomorrow. Office of the Public Guardianship Committee (OPG): Chair: Carl Glatstein presented. General Discussion concerning Next Fifty Initiative. viii. List Serve Committee: Chair: Sarah Golombek presented. The list serve is live and running smoothly. ix. Mentoring Committee: Chair: TBD. x. Electronic Will & Remote Notarization Joint Subcommittee Cochairs: Letty Maxfield and Herb Tucker. Letty Maxfield presented. General Discussion. There was a hearing before the House a week ago. Five attorneys testified to opposing this bill for various reasons. xi. Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act Subcommittee: Co-chairs: Catherine Seal and Brooke Brestel. Brooke Brestel presented. This committee continues to review the proposed legislation. Today the committee will discuss scheduling an extended meeting to finalize reviewing the proposed legislation prior to the stakeholder meeting which will occur later this summer. Rikke Liska will head the stakeholder group. Ms. Liska will work with Amy Sreenan, Jeremy Schupbach and Brooke Brestel to review with the stakeholders recommended amendments to the proposed legislation. 4

5 xii. Subcommittee for Fiduciary Duties and Entities: Chair: Scott Chalinor-not present. xiii. Capacity Sorenson Committee: Chair: Tammy Conover presented. General Discussion. There have been some responses received from the Juvenile Law section regarding minors. This subcommittee may hold a future meeting to discuss these responses. xiv. Mandatory Reporting Committee: Chair: Kris Zumalt. This subcommittee is in the process of being formed and meetings will be scheduled in the near future. b. Liaison Reports i. Board of Governors: Marco Chayet presented by phone. The next Board of Governors meeting is scheduled for May 5, ii. Legislative Relations: Jeremy Schupbach not present. Ms. Maxfield presented. General Discussion. The UTC passed the House and the Senate and is awaiting signature from the Governor. It will be effective January 1, iii. iv. Trust and Estate Section Liaison: Patrick Thiessen not present. Ms. Maxfield presented. General Discussion about the Ethics Committee and potentially forming a small group to develop questions/comments about Formal Ethics Opinions. SRC Liaison: Nancy Peterson/Mallory Hasbrook/Catherine Seal. No report. v. Uniform Trust Code: Michael Kirtland not present. vi. CBA Legislative Policy Committee Liaisons: Arlene Barringer/Patrick Thiessen. Arlene Barringer presented. This afternoon, ELS Executive Council will discuss and vote on a position on HB1390 (Safe Family Option for Families in Crisis) to take to LPC tomorrow. vii. NAELA Colorado: Marco Chayet presented. The annual conference is scheduled for May 17-19, 2018 in New Orleans. 5

6 viii. National Guardianship Association/Colorado Guardianship Association: Sarah Golombek presented. The next meeting is scheduled for May 8, 2018 at Porter Place. Jennifer Hanson, MPH Helping Hands Consulting will present on Long Term Medicaid: Navigating the Maze and Overcoming Obstacles. ix. AARP Liaison: Dennis Valentine not present. x. CBA Ethics Committee: Michael Kirtland not present. xi. xii. xiv. Probate Rules & Forms Committee: Shari Caton/Michael Kirtland/Marcie McMinimee. Marcie McMinimee presented. There will be a public hearing on June 27, 2018 at 3pm regarding changes to Rules and Forms. The committee continues to work on instructions to the Probate Forms. SRC Public Administrator Liaison: Marcie McMinimee-presented. General Discussion. The next meeting is scheduled for May 16, CBA YLD Liaison: Mallory Hasbrook not present. No report. 6. New Business and Announcements Hot Topics: A. Patrick Flaherty, Executive Director of the Colorado Bar Association presented on the Refocus 20/20 Plan. He discussed the Bar Association s plan to achieve its strategic goals to Recruit and Retaining Members, Engage Diverse and Statewide Populations, Facilitate Access to Justice, Optimize Sections, Continue Core Programming, Utilize New and Young Attorneys and Strengthen Governance and Operations. B. General Discussion about the upcoming primary election, the importance of voting and deadlines for switching parties. The Section Meeting ended at 9:55 A.M. The CLE portion of the meeting began shortly thereafter. The CLE speaker this month was Norv Brasch, Trust and Estate Advocates, Topic: Right to Remain Frozen lessons learned from the outcome involving litigation in El Paso County where a decedent s request to dispose of his remains (i.e. to have his head frozen) was challenged by his children. Materials are available on the Section s website. 6