Meeting of Elder Law Section of the CBA August 17, 2017 Co-Chairs: Arlene Barringer Denver 303-757-4342 arlene@denverprobatelaw.com Letty Maxfield Denver 303-353-8354 letty@tealaw.com Secretary: Sherene Stenger Denver 303-339-3750 sstenger@brownandcrona.com Treasurer: Charles Spence Durango 970-247-1755 cspence@mbssllp.com Council Members: Brooke Brestel Louisville 303-604-6030 brooke@elderlawcolorado.com Shauna Clemmer Grand Junction 970-243-8250 shauna@brownandbrownpc.com Tamara Trujillo Denver 303-355-8500 tamara@coloradoelderlaw.com Rose Zapor Lakewood 303-866-0990 rose@zaporelderlaw.com CBA Liaison: Rebecca Spence Denver 303-824-5311 rspence@cobar.org Lindsey Walker Denver lwalker@cobar.org CBA Board of Governors Rep.: Marco Chayet Denver 303-355-8500 marco@coloradoelderlaw.com 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: 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 8:40 A.M. were: Introductions followed, and the sign-in sheet was circulated. Those attending in person Steve Behren David Bernhart Brooke Brestel Dick Costin Lisa Eastin 1
Susie Germany Carl Glatstein Magistrate Ruben Hernandez Carol Johnson Burt Kanson Hayley Lambourn Letty Maxfield Fran Myers Kayla Nelson Tom Rodriguez Wayne Stewart Carl Stevens Patrick Thiessen Brian Wallman Rose Zapor Kris Zumalt On the phone: Chris Brock Kris Callahan Shari Caton Chuck Connell Erin Connor Ellen Trujillo Tamara Trujillo Call for review and approval of the May 2017 Minutes. Motion to approve the May 2017 Minutes, seconded, approved. 2. Chair s Report Letty Maxfield- no report. 3. Treasurer's Report Charles Spence. Not present. Deferred until next month. Letty Maxfield reported that CBA would like a more detailed budget. She will be working with Charles Spence on this issue. 4. Old Business a. Committee Reports (Chairperson of the committee may report any current matters.) Our current committees are: i. Board of Governors: Marco Chayet not present. Next meeting is October 14, 2017. ii. Civic and Community Affairs Committee (CCA): Sandra Sigler not present. Kris Zumalt reports Jefferson County Senior Law Day 2
was June 3, 2017. Attendance was officially 459 people. Denver Senior Law Day was July 29, 2017. Attendance was between 200-225 people. El Paso Senior Law Day was August 5, 2017 and it was well attended. Boulder s Senior Law Day is September 23, 2017. The committee will meet at 12:15pm. iii. iv. CLE and Publications Committee: Rose Zapor reports the CLE today will be a series of vignettes about handling difficult situations in court and with opposing counsel. The Publications committee needs more authors for articles. Ms. Zapor is seeking additional members for this committee. Elder Law Retreat: Arlene Barringer/Susan Germany. Ms. Germany reports. There will be a Judicial Roundtable at the upcoming retreat and this committee is actively soliciting questions to be presented to the Judges. Please provide questions by August 21, 2017 to co-chairs. Questions will be presented anonymously. v. Court Visitor Subcommittee: Lisa DiPonio not present. This committee is dormant. Continuation of this committee will be addressed at the next meeting. vi. vii. viii. ix. Medicaid Regulatory Reform/Legislation Committee (MRRC): Claire Dineen/Sandra Sigler/Rose Zapor. Rose Zapor reported. The committee co-chairs will meet at the upcoming Elder Law Retreat to create an agenda for the year. Probate Trial & Procedure Committee: Tom Rodriguez present. This committee will meet at 10am. The Bench Card project is ongoing. If there is an interest in drafting a bench card, please contact Mr. Rodriguez. The Bench Card is designed to assist Judges and provide them with a quick reference on a specific topic. Capacity Sorenson Committee: Tammy Conover. Ms. Conover reports that this committee has completed the majority of its tasks. In April 2017, the proposed rules were sent to other sections. Ms. Conover has not received any responses from the other sections. This committee will meet next month from 11:30am to 1pm to finalize and potentially wind up. Legislative Response Team Joint Subcommittee: Marco Chayet/Spencer Crona not present. This committee is not active. x. Eldercare Coordinating Committee: Michael Kirtland presented. Future meetings will be off calendar and Mr. Kirtland will begin 3
work on this committee now that his tenure as ELS chair has ended. xi. xii. xiii. xiv. Office of the Public Guardianship Committee (OPG): Shari Caton presented. The Supreme Court and Governor s Office are seeking applicants for this commission. This committee will meet as needed via email or virtually. List Serv Committee: Sarah Golombek not present. Judges Elder Law Presentation Committee: Michael Kirtland/Rose Zapor. Michael Kirtland present. Both co-chairs intend to begin work on this committee. Mentoring Committee: Rose Zapor reports. Over the summer, this committee was inactive. This committee will meet as needed via email or virtually. Ms. Zapor will reach out to both law schools. The committee is in need of mentors. The CBA would like this committee to reach out to new/younger lawyers. Carl Glatstein mentioned that Metro Volunteer Lawyers is also seeking mentors. xv. Subcommittee for Fiduciary Duties & Entities: Scott Challinor not present. xvi. Electronic Will & Remote Notarization Joint Subcommittee Letty Maxfield present. Meeting are on stand-by until draft bill is received. xvii. Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act Subcommittee: Catherine Seal/Brooke Brestel present. Meetings will be 11:30am 1:00pm monthly. General Discussion. The Act is 132 pages. Committee is seeking additional members. xviii. Elder Law Membership Engagement Working Group Committee: Letty Maxfield reports. This committee is in the beginning stage and there is nothing currently to report. b. Liaison Reports i. Legislative Relations: Jeremy Schupbach not present. ii. Trust and Estate Section Liaison: Patrick Thiessen reports there will be a vote held today on the Uniform Trust Code. 4
iii. Trust & Estate Standing Committee Statutory Revisions: Arlene Barringer not present. Letty Maxfield presented that there will be a vote today on the Uniform Trust Code. iv. Trust & Estate Standing Committee Uniform Trust Code: Michael Kirtland reports that there will be a vote today in SRC. v. Department of Health Care Policy and Finance Liaison: Chair TBD. This liaison position is open. Claire Dineen and the late chair, Mr. John Campbell were working on projects together. Ms. Maxfield will reach out to Ms. Dineen. vi. vii. viii. ix. CBA Legislative Policy Committee Liaison: Arlene Barringer not present. NAELA Colorado: Marco Chayet not present. Letty Maxfield reported. NAELA S dues are expected to increase. National Guardianship Association/Colorado Guardianship Association: Sarah Golombek not present. Carl Glatstein reports the next meeting is September 12, 2017. National Guardianship Association is holding its national meeting in Colorado on October 14-15, 2017 in Colorado Springs. AARP Liaison: Dennis Valentine not present. x. CBA Ethics Committee: Michael Kirtland reports. Rule 1.14 is still in the style committee, although it has been approved and passed. xi. xii. xiii. xiv. Probate Rules & Forms Committee: Shari Caton/Michael Kirtland/Marcie McMinimee. Ms. McMinimee reports that the committee is currently working on the instructions for the forms. Rules and Forms are open for public comment until November 17, 2017. SRC Public Administrator Liaison: Marcie McMinimee reported. General discussion. CBA YLD Liaison: Brooke Brestel no report. Website Monitor: TBD. Interested persons should contact the ELS Chair. 5. New Business and Announcements 5
None. The Section Meeting ended at 9:52 A.M. The CLE portion of the meeting began shortly thereafter. The CLE speaker this month was Peter Goldstein who presented on Professionalism in the Practice of Law. Materials are available on the Section s website. 6