Co-Sponsored by the Elder Law Section of the Colorado Bar Association and the Colorado Chapter of National Academy

of Elder Law Attorneys

ELDER LAW RETREAT

AUGUST 22-24, 2013

5 TH ANNUAL

LIVE ONLY IN VAIL, COLORADO

PLEASE JOIN US FOR THIS INTERACTIVE, ADVANCED-LEVEL RETREAT!
AT THE VAIL MARRIOTT MOUNTAIN RESORT 715 West Lionshead Circle, Vail, CO

FOR MORE INFORMATION GO TO www.elderlawretreat.com

Submitted for 12 General CLE Credits, including 2 Ethics Credits

DAY 1 AGENDA THURSDAY AUGUST 22, 2013

ELDER LAW RETREAT

AT THE VAIL MARRIOTT MOUNTAIN RESORT VAIL, CO

5 TH ANNUAL

LIVE ONLY: August 22-24, 2013

1:00 PM Welcoming Remarks & Opening Announcements Extended by Susie Germany, Esq., and Arlene Barringer, Esq., Program Co-Chairs 1:05 - 1:55 PM Discovery, Case Management Orders, Pre-Hearing Issues in Protective Proceedings This panel discussion will review multiple aspects of Protective Proceedings including the proposed discovery rules currently in front of the Colorado Supreme Court, as they pertain to all probate proceedings under Title 15 and how those rules will be applied in protective proceedings. In addition, we will be discussing issues surrounding Case Management Orders such as: when Rule 16 does not apply, how to avoid trial by ambush, working with opposing counsel and pro se parties to avoid chaos, and when to seek court assistance through case management conferences. We will also review the steps involved during the pre-petition and pre-hearing process, including: case intake and assessment, engagement, requests for evaluations and records, the use of care managers, Protective Order prior to Hearing and to GAL or not to GAL. Presented by Marco D. Chayet, Esq., Aaron L. Evans, Esq., and Thomas A. Rodriguez, Esq. 1:55 - 2:45 PM Emergencies in Protective Proceedings What Constitutes an Emergency in Protective Proceedings? Need for Emergency Guardian/Special Conservator and Access to the Courts Placement Issues/ Is Placement Immediately Available? Communication and Collaboration Between Interested Parties Analysis of Benefits and Ability to Pay for Placement and Care Notice Requirements and Service Court-Appointed-Counsel and Guardian Ad Litem Appointments in Emergency Protective Proceedings Need for Protective Orders Discussion of Relevant Case Examples and Fact Patterns Presented by David M. Bernhart, Jr., Esq., and Lisa R. DiPonio, Esq. 2:45 - 2:55 PM Networking Break with Sponsors 2:55 - 3:45 PM The Taking, Defending and Use of Depositions Why Take a Deposition? The Process of Taking a Deposition The Process of Defending a Deposition Calling the Court When Counsel or the Witness Misbehaves Deposing an Entity Rule 30(b)(6) Using a Deposition at Trial for Impeachment Purposes Using a Deposition to Preserve Testimony for Use at Trial Presented by Bernard A. Poskus, Esq. 3:45 - 4:35 PM Mechanisms to Compel Testimony about the Assets of a Protected Person or a Decedent: 723 Hearing Presented by Catherine A. Seal, Esq.

Come for the Educational Line-up

For four years, the Elder Law Retreat has been the annual event for elder law lawyers in Colorado. This year promises to deliver another cant-miss agenda, with topics like: I Overview of the Affordable Care Act and Its Impact on Seniors and Persons with Disabilities I Technology Tips for Managing an Elder Law Practice: Case Management, Document Assembly and Hardware I Ethics for the Elder Law Attorney I The Intersection of Mental Health and Guardianships I Trust Modification, Reformation and Decanting I State of the Law Regarding Mandatory Reporting of Witnessed or Suspected Elder Abuse I Advanced Medicaid Update I Emergencies in Protective Proceedings I Discovery, Case Management Orders, Pre-Hearing Issues in Protective Proceedings I The Taking, Defending and Use of Depositions I Mechanisms to Compel Testimony about the Assets of a Protected Person or a Decedent: 723 Hearing I Rule of Professional Conduct 1.14 and the Diminished Capacity Client I The Effect of the Affordable Care Act on Special Needs Trusts for Adults and Minors I Competent Senior or Incompetent Victim: Undue Influence and the Eyes of the Beholder And MUCH, MUCH MORE!

Come for the Location

Theres no place like Vail. Summer brings sun, cycling, hiking and golf to this mountain playland, and Vail Marriott, with the luxury, charm and elegance of a European Chateau, is the perfect place to enjoy everything Vail has to offer.

Come to be a Part of the Fastest-Growing Elder Law Program in Colorado!

Submitted for 12 General CLE Credits, Including 2 Ethics Credits

4:35 - 5:15 PM (.8 Ethics Credit) Rule of Professional Conduct 1.14 and the Diminished Capacity Client Presented by Wayna M. Marshall, Esq., and Bernard A. Poskus, Esq. 5:15 - 6:45 PM Welcome Reception A Meet & Greet Opportunity Break the Ice with Colleagues and Sponsors 8:00 - 10:00 PM POKER NIGHT Join us for a night of poker! Play for free (no buy-in). Please consider making a donation to our cause! Proceeds from donations will go to Guardianship Alliance of Colorado. Anyone can donate participating in poker is not required. Donations may be mailed to Guardianship Alliance 801 Yosemite Street, Denver, CO 80230. Just show up, support the brave ones who participate in the game, and join in the fun! DAY 2 AGENDA FRIDAY AUGUST 23, 2013 7:00 AM Registration & Continental Breakfast 8:00 AM Welcome Remarks/Housekeeping Announcements 8:05 - 9:05 AM LIGHTNING ROUND HOT TOPICS (and drawings) Evaluating a Case for Fiduciary/Financial Malfeasance Presented by the Honorable John Leopold, Neutral, JAMS Coordinating Your Clients Multiple Advisors Presented by Nora Roth, Vice President & Trust Officer, Colorado State Bank and Trust Care Advocacy: What Communities Dont Tell Your Clients Presented by Pamela Wilson, Certified Senior Advisor, The Care Navigator Medications: Their Unexpected Effects on the Elderly and Their Attorneys Presented by Janice McIntosh, Certified Senior Nurse Consultant, McIntosh & Associates Legal Nurse Consultants Recent and Upcoming Changes in Colorado Medicaids Home and Community-Based Services Waiver Programs (HCBS) Presented by Lorin Chevalier, Managing Director, Senior Helpers 9:05 - 9:55 AM Overview of the Affordable Care Act and Its Impact on Seniors and Persons with Disabilities Presented by U.S. Congressman Ed Perlmutter 9:55 AM NETWORK WITH SPONSORS - ADJOURN TO BREAKOUT SESSIONS 10:10 - 11:10 AM BREAKOUT SESSION A* (Choose topic 1 or 2) 11:10 - 11:25 AM NETWORK WITH SPONSORS - ADJOURN TO BREAKOUT SESSIONS 11:25 AM - 12:25 PM BREAKOUT SESSION B* (Choose topic 3 or 4)

12:20 PM Adjourn 12:30 - 1:30 PM (CLE credit applied for) Trends in Probate Policies and Programs from the Colorado Judicial Branch Presented by the Honorable Judge Elizabeth Leith At this session, participants will join the Honorable Judge Elizabeth D. Leith, of the Denver Probate Court, in the Vail Marriott Hotel restaurant for an optional lunch session. Seating is limited and participants must sign up in advance.

OPTIONAL BUFFET LUNCH SESSION - Participants may purchase the Marriott Hotel Buffet Lunch and bill to your Marriott Hotel Room or pay with credit card/cash at the presentation.
1:45 - 3:00 PM (CLE credit NOT applied for) Elder Law Retreat UNPROGRAM with Moderators Carl Glatstein, Esq., Christine Law, Esq., and John Campbell, Esq., CELA, MSCC This years Retreat brings together some of the top elder law professionals in the region. One of the greatest benefits the Retreat offers is a forum for discussion. Friday afternoon will be devoted to the Unprogram. Youll have the opportunity to network and discuss in small groups additional topics chosen by the attendees. Possible topics include: So You Want To Talk About Capacity?, Supreme Court Decisions on Medicaid Recovery; and The Probate Compensation Act at Age 2 Terrible Toddler? 5:30 - 7:00 PM Annual Wine Tasting - Dont miss this opportunity to experience world-class wines and visit with colleagues in an informal setting with tasty appetizers, and great conversation. DAY 3 AGENDA SATURDAY AUGUST 24, 2013 7:15 AM Continental Breakfast 8:15 AM Introductions 8:20 - 9:20 AM (1.2 Ethics Credits) Ethics for the Elder Law Attorney Presented by Alexander R. Rothrock, Esq. 9:20 - 10:20 AM Technology Tips for Managing an Elder Law Practice: Case Management, Document Assembly and Hardware Presented by Robert B. Fleming, Esq. 10:20 - 10:35 AM NETWORK WITH SPONSORS - ADJOURN TO BREAKOUT SESSIONS 10:35 - 11:50 AM BREAKOUT SESSION C* (Choose topic 5 or 6) 11:50 AM ADJOURN WELL SEE YOU AT NEXT YEARS RETREAT! *Select one please indicate your selection on the registration page

5TH ANNUAL ELDER LAW RETREAT BREAKOUT TOPICS AND DESCRIPTIONS

You may select one topic per breakout session please indicate your topic selection on the registration page.

TOPIC #1:
Advanced Medicaid Update Advanced Medicaid Update will cover the updated Medicaid figures for 2013, Medicaid treatment of annuities, including annuities for the Community Spouse, and the new Medicaid eligibility category under the Affordable Care Act effective January 1, 2014.

TOPIC #4:
The Intersection of Mental Health and Guardianships This session will compare and contrast the statutory provisions of mental health and guardianships for Elder Law attorneys. The faculty will discuss the initiation of the proceedings, burden of proof, specific protections and the distinctions between the two proceedings.

Presented by John J. Campbell, Esq., CELA, MSCC

Presented by the Honorable Magistrate Ruben M. Hernandez and Joan S. Heller, Esq.

TOPIC #2:
State of the Law Regarding Mandatory Reporting of Witnessed or Suspected Elder Abuse This session will focus on the newly enacted Mandatory Reporting Law in Colorado; how it affects your clients as well as your practice. Senate Bill 13-111, signed into law on May 16, 2013 brings Colorado into the other 48 states which require mandatory reporting of Elder Abuse. This law now requires specified professionals and individuals to report to law enforcement instances of suspected abuse (physical and sexual), caretaker neglect, and exploitation of at-risk elders (age 70+). Additionally, this improves accountability and funding for investigations and protective services so that the right services will be available at the right time to help ensure at-risk elders safety and well-being. The new law also requires training, education and outreach for county APS staff, law enforcement, mandatory reporters, and the general public.

TOPIC #5:
Trust Modification, Reformation and Decanting Trust Modification, Reformation and Decanting: Sometimes the terms of an existing trust are inadequate. Discretionary standards may need to be expanded, or limited. Trustee succession principles may need review and revision. Trusts may outlive their usefulness, or may unnecessarily complicate eligibility determinations or the welfare of the beneficiaries. Circumstances change. Learn how the developing law of trust reformation and modification might be used to your advantage, and whether you can consider decanting an existing trust into a whole new (and presumably better) trust.

Presented by Robert B. Fleming, Esq.

TOPIC #6:
Competent Senior or Incompetent Victim: Undue Influence and the Eyes of the Beholder Legal factors relevant to determination of undue influence, including distinguishing undue influence from mere influence, will be reviewed and will cover Colorado and other jurisdictions. Assessment of psychological factors inherent in legal considerations will be discussed. A broad framework for conceptualizing undue influence, comprised of senior vulnerability (cognitive, emotional, physical, and functional), suspect estate planning changes, and suspect behavior on the part of the accused will be presented and with examples. Determination of undue influence is heavily fact (and perhaps trier of fact?) dependent, and scenarios will be offered with attendee contribution.

Presented by Tammy D. Conover, Esq., and David Blake, Esq.

TOPIC #3:
The Effect of the Affordable Care Act on Special Needs Trusts for Adults and Minors Mr. Solem will discuss the effects of the Affordable Care Act (ACA) on the need to do or not do special needs trusts for clients participating in health care exchanges, Expanded Medicaid and the Childrens Health Care Program which do not have asset tests. Examples of when it may not be necessary or desirable to do trusts in such instances will be discussed as will clients who will not be affected by the ACA. Alternative trust strategies will also be presented.

Presented by R. Eric Solem, Esq.

Presented by Stuart L. Kutz, Jr., Ph.D, J.D, and Marcie R. McMinimee, Esq.

HOTEL AND LODGING INFORMATION:

Vail Marriott Mountain Resort

715 West Lionshead Circle Vail, Colorado 81657 970-476-4444

Special Thanks to Our 2013 Elder Law Institute Sponsors!

confirmed to date:

Reservations or cancellations must be made by August 10, 2012.

Room rates at the Vail Marriott Mountain Resort: Standard: $144/night Deluxe and King Studio: $159/night Jr. Timberline Suite: $209/night Timberline Suite: $259/night

PLATINUM I Approval Reverse Mortgage I JAMS

Please identify yourself as a member of the CLE in Colorado group in order to receive the group discount.

Reserve your room by calling Marriotts toll free number at 877-622-3140.

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THE CBA-CLE PASS Are you a Pass Holder?
With this incredible resource, you get unlimited access to the best catalog of CLE seminars in Colorado, all at the fraction of what you would normally pay! With your choice of a Basic or Elite Pass: CLE decisions are made easy you dont have to pass on any programs with the CLE Pass! Budget in advance: You wont go over your CLE budget for the year! Content is available 24/7/365 Get the latest updates and content at your fingertips Sharpen your skills, expand your knowledge and stay competitive Have access to all practice areas and Ethics programs Choose from thousands of courses available: On-demand, just a click away Receive the CLE credits you need to satisfy your compliance requirements Pick and choose the live seminars that are right for you (for Elite Pass Holders) Tune into Live Webcasts anytime from the comfort of your home or office (for Elite Pass Holders) For more information, go to http://www.cobarcle.org for the information & enrollment packet. We also have substantial discounts for firm pricing. Call us at 303.860.0608 or 800.860.2531 for info on firm pricing.

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Sponsorship opportunities are still available! For more information, please contact Barbara Hollingsworth at bhollingsworth@cobar.org

5TH ANNUAL ELDER LAW RETREAT FACULTY

PROGRAM CO-CHAIRS: Arlene S. Barringer, Esq. Attorney At Law Glatstein & OBrien LLP Denver, CO Susie Germany, Esq. The Germany Law Firm PC Denver, CO Lisa R. DiPonio, Esq. DiPonio & DiPonio LLC Littleton, CO Aaron L. Evans, Esq. Benson & Case LLP Denver, CO Robert B. Fleming, Esq. Fleming & Curti, PC Tucson, AZ M. Carl Glatstein, Esq. Glatstein & OBrien LLP Denver, CO Joan S. Heller, Esq. Jefferson County Attorneys Office Golden, CO Honorable Magistrate Ruben M. Hernandez Denver Probate Court Denver, CO Stuart L. Kutz, Jr., Ph.D, J.D Denver, CO Christine J. Law, Esq. Christine J. Law,Attorney LLC Denver, CO Honorable Elizabeth D. Leith Presiding Judge Denver Probate Court Denver, CO Wayna M. Marshall, Esq. Gould Whitley & Marshall Colorado Springs, CO Marcie R. McMinimee, Esq. Steenrod Schwartz & McMinimee LLP Denver, CO U. S. Congressman Ed Perlmutter Seventh District of Colorado Bernard A. Poskus, Esq. Poskus Caton & Klein PC Denver, CO Thomas A. Rodriguez, Esq. Vincent Romeo & Rodriguez LLC Louisville, CO Alexander (Alec) R. Rothrock, Esq. Burns Figa & Will PC Greenwood Village, CO Catherine A. Seal, Esq. Kirtland & Seal, LLC Colorado Springs, CO R. Eric Solem, Esq. Solem Mack & Steinhoff PC Englewood, CO

PROGRAM FACULTY: David M. Bernhart, Jr., Esq. Office of the City Attorney Human Services Section Adult Protection Unit Denver, CO David Blake, Esq. Office of the Attorney General Denver, CO John J. Campbell, Esq., CELA, MSCC Law Offices of John J. Campbell, PC Denver, CO Marco D. Chayet, Esq. Chayet & Danzo LLC Denver, CO Tammy D. Conover, Esq. Steenrod Schwartz & McMinimee LLP Denver, CO

5TH ANNUAL ELDER LAW RETREAT FACULTY BIOS

PROGRAM CO-CHAIRS: Arlene S. Barringer, Esq., is an attorney with the law firm of Glatstein & OBrien LLP. She focuses her practice in the areas of elder law, guardianship and conservatorship proceedings, trust and estate planning, special needs planning, fiduciary representation and probate and trust administration. Arlene received her B.A. degree from Texas A & M University, and graduated Order of St. Ives from the University of Denver Sturm College of Law in 1995. She is a member of the CBA Elder Law Section, CBA Trust and Estate Section; the National Academy of Elder Law Attorneys, Inc.; the Arapahoe County Bar Association; the Womens Estate Planning Council (Chairperson of the Programs Committee); the Estate Planning Counsel of Southeast Denver (Advisory Council Board member); and the Catholic Lawyers Guild of Colorado. Arlene has authored Special Considerations in Personal Injury Settlements and Awards on Behalf of the Elderly and Disabled, Elder Law in Colorado, Continuing Legal Education in Colorado, Inc. (4th ed. 2011). Arlene regularly gives presentations in the areas of elder law and trust and estate planning. In addition, she is an active volunteer in schools and the community. Susie Germany, Esq., is an attorney with The Germany Law Firm, P.C., and of Counsel to Solem Mack & Steinhoff, PC. Her practice focuses in the areas of probate, trust and estate administration, estate planning, elder law, and guardianships and conservatorships. She is a member of the Alaska Bar Association and the Colorado Bar Association, and former co-chair of the Elder Law Section of the Colorado Bar Association. She received her undergraduate degree at Pacific Lutheran University in Tacoma, Washington and her law degree at the University of Arkansas, Little Rock and the University of Denver Sturm College of Law. While in Alaska, she served as law clerk to the District Court in Anchorage, and practiced in the areas of domestic, criminal and civil litigation. She is the Past President of the Board of Directors for The Colorado Fund for People with Disabilities and serves on the Board of Directors for Front Range Hospice, LLC.

5TH ANNUAL ELDER LAW RETREAT FACULTY BIOS

FACULTY: David M. Bernhart, Jr., Esq., is an Assistant City Attorney with the Denver City Attorneys Office Human Services Legal Section, Adult Protection Unit. Mr. Bernhart graduated from Creighton University, Omaha, Nebraska, where he received his B.A. in Political Science in 1982, and his Juris Doctor in 1987. Mr. Bernhart has been an attorney in Colorado since May, 1990. Prior to joining the City Attorneys Office, he was in private practice as a sole practitioner and founding partner of a law firm in the metropolitan area. His previous areas of law practice encompassed real estate transactions, corporate and partnership law, landlord/tenant, criminal defense, domestic relations, civil, bankruptcy, and small business. Mr. Bernhart started with the Fraud Unit of the Human Services Section in February, 1998, and then transitioned to the Adult Protection Unit in February, 2001. He moved to the Mental Health Unit in August, 2005, and also covered Adult Protection Unit duties from March, 2006 to July, 2007. He then resumed his full-time responsibilities with the Adult Protection Unit in July, 2007. Mr. Bernhart is a member of both the Colorado and Denver Bar Associations and frequently speaks on County and State Adult Protection Laws and Process. David Blake, Esq., is the Deputy Attorney General for Legal Policy and Government Affairs of the Colorado Office of the Attorney General and is responsible for working with state lawmakers and other state officials on issues of interest to the Office of the Attorney General. Formerly Blake was the Assistant Solicitor General for the Colorado Department of Law. Prior to joining the Colorado Department of Law, Blake served in a variety of roles with the U.S. Department of Justice between 1996 and 2010. His assignments there ranged from working for the Office of Legislative Affairs and in the National Security Division; serving as a Special Assistant U.S. Attorney in the District of Columbia; acting as counsel to the Guantanamo Detainee Review Task; and working as a trial attorney in the Civil Division. Blake also served as an adjunct professor at the George Mason University School of Law. Blake is a 2007 graduate of the George Mason University School of Law and a 1996 graduate of the Virginia Polytechnic Institute and State University. John J. Campbell, Esq., CELA, MSCC, the founder and principal attorney of the Law Offices of John J. Campbell, P.C., has practiced law since 1986 and has practiced in the area of Elder Law since 1996. Mr. Campbell is certified as an Elder Law Attorney by the National Elder Law Foundation, and is a Medicare Set-Aside Consultant Certified through the International Commission on Health Care Certification. (The State of Colorado does not certify attorneys as experts in any field.) Mr. Campbell is licensed to practice law in Colorado and is also licensed and on inactive status in Missouri. He is a member of the Colorado Bar Association (Trust & Estate Section and Elder Law Section), the Arapahoe County Bar Association, the Missouri Bar Association (inactive status), the National Academy of Elder Law Attorneys and the National Alliance of Medicare Set-Aside Professionals. Mr. Campbell is a former Co-Chair of the Colorado Bar Association Elder Law Section; a Fellow of the Colorado Bar Foundation; and serves on the Colorado Bar Association Board of Governors and its Executive Committee. His areas of concentration include elder law; estate, disability and long term care planning; probate; guardianship and conservatorship; Medicare, Medicaid, Medicare Set-Aside Arrangements, and the preservation of public benefits in catastrophic third party liability and workers compensation settlements. Marco D. Chayet, Esq., During law school, Mr. Chayet's grandmother, Letty Milstein, was the principal party in one of the most controversial and public elder law cases in the state of Colorado. The Estate of Milstein v. Ayers, 955 P.2d 78 (Colo. App. 1998), is a landmark probate case which upholds and protects the right to counsel and due process of incapacitated adults in Colorado and has been codified into the Colorado Uniform Protective Proceedings Act (the guardianship and conservatorship laws). This experience was the impetus for Mr. Chayet's career long practice commitment to the field of elder law and probate litigation. Mr. Chayet is the past Chairman of the Elder Law Section of the Colorado Bar Association and the current chair of the American Bar Association Real Property, Trust and Estate section Surrogate Decision Making committee. Mr. Chayet is also a 2012 Colorado Super Lawyer in Elder Law and a 2013 Top 100 Colorado Super Lawyer. A sampling of Mr. Chayet's broad experience in elder law and complex probate litigation includes: Litigating contested guardianship and conservatorship proceedings for adults and minors; Litigating will contests and fiduciary defense actions; Complex Public Benefit Planning, Representation of guardians, conservators and fiduciaries; Trust administration and trust litigation and associated estate planning and estate administration. Mr. Chayet's experience in the area of elder law has also been demonstrated through his public speaking and publishing in the areas of elder law including his book: "How to Protect Your Family's Assets From Devastating Nursing Home Costs-Colorado Edition" and the chapter on "Estate Planning for the Child with Special Needs" in the 4th edition of Elder Law in Colorado. Mr. Chayet is a member of the National Academy of Elder Law Attorneys where the Academy asked Mr. Chayet to serve on various committees as well as serving as the President of the Colorado Chapter of NAELA. Mr. Chayet continues to be an active member of the Colorado Bar Association where Colorado attorneys nominated Mr. Chayet to be a Fellow of the Colorado Bar Foundation. Mr. Chayet, born and raised in Denver, Colorado, is continuing in the footsteps of his family in assisting the philanthropic and civic community of Colorado by serving on the board of many not-for-profit organizations including the InnovAge Total Community Options Foundation, Guardianship Alliance of Colorado, Colorado Citizens for Accountability, Allied Jewish Apartments, Jewish Senior Recreation Network, the Foundation For Hope and the Life Source Services Hospice. Mr. Chayet received his Juris Doctor from the University of Colorado School of Law. Mr. Chayet's undergraduate training was at the University of California at Berkeley and at the University of Colorado at Boulder where he received his Bachelor of Arts. Tammy D. Conover, Esq., is an attorney with the Denver law firm Steenrod, Schwartz & McMinimee, LLC. Her practice is limited to probate litigation, including contested guardianship/conservatorship proceedings and breach of fiduciary duty actions, estate and trust administration, special needs planning and administration, and Medicaid qualification and planning. Ms. Conover is active in local and

5TH ANNUAL ELDER LAW RETREAT FACULTY BIOS continued

national associations, serving as Chair of the Executive Counsel for the Elder Law Section of the Colorado Bar Association, is a member of the Steering Committee of the Guardianship/Conservatorship Section of the National Academy of Elder Law Attorneys, and is the NAELA delegate to the 3rd World Congress on Adult Guardianship. Ms. Conover was also appointed to represent the Colorado Bar Association in the Senate Bill 78 Task Force on Elder Abuse where she assisted in drafting recommendations to the Colorado Legislature in the areas of mandatory reporting of elder abuse and other services that are needed to protect elder at-risk adults in our state. She is a frequent presenter in the areas of guardianship and conservatorship, Medicaid, estate planning and other elder law topics for numerous professional and community organizations. Ms. Conover is the author of the chapter Medicaid: Recognizing the Potential Hazards in your Practice and the co-author of Estate Planning and Probate, both published in Lawyers Professional Liability in Colorado. Lisa D. DiPonio, Esq., along with Frank DiPonio, Esq., is one of the founding partners of the law firm, DiPonio & DiPonio, LLC, located in Littleton, Colorado. She graduated Cum Laude from Michigan State University College of Law (formerly the Detroit College of Law) in 1993. She interned for the Hon. Richard Suhrheinrich, Senior Federal Sixth Circuit Court of Appeals Judge. While in Michigan, she concentrated on psychiatric malpractice defense litigation at the largest metropolitan Detroit malpractice defense firm, Kitch, Drutchas, Wagner, Valitutti and Sherbrook. She authored the legal brief defining a duty to warn for mental health professionals in a decision by the Michigan Supreme Court. She moved to Colorado in 1996, and was in-house corporate counsel at Great-West Life & Annuity Insurance Company until 2002, when DiPonio & DiPonio, LLC was formed. She is a member of the Elder Law Section of the Colorado Bar Association and her current practice focuses on mental health (including Imposition of Legal Disability and Involuntary Commitment matters) and elder law. She is admitted to the State Bars of Colorado, Michigan and Illinois. Aaron L. Evans, Esq., is a Senior Partner in the Denver law firm Benson & Case, LLP. He has significant expertise in the areas of probate and probate litigation, trusts and estates, estate planning, wills, elder law, guardianships, and conservatorships. Mr. Evans is a member of the Trust and Estate Section of the Colorado Bar Association (CBA), and the Denver Bar Association. Mr. Evans was the Chair of the Rules & Forms Subcommittee that drafted the current Discovery Rule under consideration by the Colorado Supreme Court. He now serves as cochair of the Statutory Revisions Committee. Robert B. Fleming, Esq., is a partner in the Tucson law firm of Fleming & Curti, P.L.C., with a practice limited to trust (and special needs trust) administration, guardianship, conservatorship, estate planning, and probate. Mr. Fleming is a co-author (with Lisa Davis) of The Elder Law Answer Book, and (with Prof. Kenney Hegland) of New Times, New Challenges: Law and Advice for Savvy Seniors and Their Families. Mr. Fleming has been selected as a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He is a past Chair of both the Mental Health and Elder Law and the Probate and Trust Sections of the State Bar of Arizona, and a past President of the National Elder Law Foundation. Mr. Fleming is certified as an Estate and Trust specialist by the State Bar of Arizona, and as a Certified Elder Law Attorney by the National Elder Law Foundation. At different times he was President of the Pima County Bar Association and the Young Lawyers Section of the State Bar of Arizona (he no longer qualifies to be a member). Mr. Fleming is a founding member of the Special Needs Alliance (www.specialneedsalliance.com). Perhaps more importantly, he is a husband, father, grandfather, scuba diver, pilot and martial arts practitioner. M. Carl Glatstein, Esq., is a partner in the Denver law firm Glatstein & OBrien LLP, practicing primarily in the field of elder law. He served as co-chair for the Colorado Bar Association (CBA) Joint Subcommittee on the Uniform Guardianship and Protective Proceedings Act (19972000), and chairs the Civic and Community Affairs Committee, which coordinates Senior Law Day and CBA-CLEs Colorado Senior Law Handbook. He is also a member of the CBA Elder Law Section (co-chair 19941996, council member) and the Trust and Estate Section. He is a member of the National Academy of Elder Law Attorneys, the American College of Trust & Estate Counsel, the Denver Community Bioethics Committee (chair 19992000), the Adams County Community Adult Protection Team, the Guardianship Alliance of Colorado, and the National Guardianship Association. He is adjunct faculty at the University of Denver Sturm College of Law, teaching elder law since 2005. Mr. Glatstein co-authored Colorado Guardianship and Conservatorship Law and Practice (Bradford Publishing 2006). He authored Highlights of Colorados New Guardianship and Conservatorship Law, 30 Colo. Law. 5 (Jan. 2001) and revises Guardianships in Krendl, Colorado Methods of Practice (West Group 20032010). His materials have been used in training and resource manuals by state and county social services and law enforcement agencies, as well as numerous continuing legal education programs. He is a frequent lecturer on elder law topics, including guardianships and conservatorships, Medicaid issues, and exploitation of the elderly. Joan S. Heller, Esq., is an Assistant County Attorney in the Jefferson County Attorneys Office. Ms. Heller handles primarily dependency and neglect cases and mental health certifications, alcohol and drug commitments and impositions of legal disability. She has been involved in the training of Crisis Intervention officers in Jefferson County and developing collaboration between mental health providers and law enforcement. Ms. Heller was in private practice representing respondents in mental health proceedings, respondents in dependency and neglect cases, GAL for children and adults, and handling cases at all levels of criminal defense. She also practiced criminal defense for the Office of the Public Defender for many years. Honorable Magistrate Ruben M. Hernandez presides over protective proceedings at the Denver Probate Court. He previously served as Magistrate in the 9th Judicial District where he was responsible for the Family Court docket. Magistrate Hernandez graduated from the University of Denver School of Law in 1992. He also holds an Executive MBA from Daniels Business School at DU. Magistrate

FOR MORE INFORMATION GO TO www.elderlawretreat.com

Hernandez is also a mediator and member of the panel of arbitrators with the American Arbitration Association. Stuart L. Kutz, Jr., Ph.D, J.D, received his B.S. from Duke University, magna cum laude and with distinction in psychology, in 1973. He then received a Ph.D. in clinical psychology, with a minor in statistics, from Purdue University in 1979, following completion of an internship at the University of Florida Medical Center. Before entering law school, Dr. Kutz practiced as a clinical psychologist for 17 years. In addition to his private practice, he served on the State Board of Examiners of Psychologists, worked in a state psychiatric hospital, and was nationally recognized for his legislative activity and advocacy for psychology. In his practice, Dr. Kutz performed a wide range of civil and criminal forensic evaluations, including competency to stand trial and to enter a plea, competency to be executed, sanity, child custody, personal injury damages, and Social Security disability examinations. Dr. Kutz graduated from the University of Denver College of Law in 1998, and subsequently served as a law clerk in the Denver District Court, Civil Division, for one year. His law practice is limited to probate, primarily probate litigation. He represents respondents in guardianship, protective proceedings, and mental health cases, and fiduciaries and interested persons on a variety of issues. He has served as a courtappointed guardian ad litem and mediator, in addition to his private mediation practice. He continues to perform psychological evaluations, both court ordered and privately, and has been an expert witness on probate matters such as the appropriateness of a guardianship or conservatorship, testamentary and other capacity, susceptibility to undue influence, and mental health certification. Christine J. Law, Esq., has been a trial attorney since receiving her law degree from the University of Nebraska College of Law in 1978. Licensed in Nebraska and Colorado, she has been a partner in a law firm; bank in-house counsel supervising litigation; and senior trial counsel responsible for discovery, document administration, and jury selection and instructions for commercial litigation in the bankruptcy and federal courts. After 20 years of trial work, she had the unusual opportunity to observe trial work from the perspective of the court while serving as a judicial law clerk to bankruptcy and federal judges. Since 1998 Christine's elder dispute practice has concentrated upon the protection and recovery of family or personal assets that have been taken, or may have been threatened or manipulated, by others. Her trial practice includes litigation of estate, probate and trust disputes, contested conservatorships and guardianships, representation of fiduciaries, contested real estate transactions, and matters arising from financial exploitation of elders. Christine is currently a member of the CBA Trust and Estate Section, Elder Law Section, Judiciary Section and Litigation Section. She presented Contested Litigation Basics for the Elder Law Practitioner at the Third Annual Elder Law Retreat in August 2011 and also presented Getting Started: Launching an Elder Law Practice at the Elder Law Basics CLE in July 2011 and in December 2012. Christine is the author of Chapter 12: Common Law Marriage for the Fourth Edition of Elder Law in Colorado.Christine previously served as Chair of the CBA Judicial Liaison Section, now known as the Judiciary Section. As Chair of the Judicial Survey Subcommittee of that Section she authored Results of the Colorado Bar Association 2005 Judicial Survey, 34 Colo. Law. 21 (Dec. 2005). She is a fellow of the Colorado Bar Foundation. Christine serves as a Condemnation Commissioner for Arapahoe County and has presided as Chair at several valuation hearings. Her community service includes serving as a member of the Aurora Judicial Performance Commission from 2005 to 2011; Chair 2007- 2009. Honorable Elizabeth D. Leith presides over the Denver Probate Court. Judge Leith is also the Chair of the Probate Advisory Committee, a committee established by Honorable Michael Bender, Chief Justice of the Colorado Supreme Court, to determine the most immediate needs of the judicial branch related to probate case management and a proposed plan for meeting those needs. The committee is comprised of Colorado judges, probate registrars, district court administrators and court clerks, who will help develop procedures and controls for administering probate cases throughout the Colorado court system. Previously, Judge Leith presided as a Magistrate over post-decree domestic relations matters in the Second Judicial District. Judge Leith has also served as an Assistant City Attorney for the City and County of Denver and a Deputy District Attorney in the 4th Judicial District, representing the Departments of Human Services on child protection, paternity and child support matters. She earned a Bachelor of Arts degree from Metropolitan State College in 1982 and a Juris Doctor from the University of Denver, College of Law in 1988. Marcie R. McMinimee, Esq., is a graduate of Chadron State College in Chadron, Nebraska and the University of Denver College of Law. She is a partner with Steenrod, Schwartz & McMinimee, LLP and has been with the firm since September 2003. Ms. McMinimee is a deputy public administrator for the City and County of Denver. Her practice emphasizes estate administration, guardianships, conservatorships, probate litigation, and elder law. Ms. McMinimee is currently serving on the executive counsel of the Trust and Estate Section and is a past cochair of the Elder Law Section of the Colorado Bar Association. Prior to moving to Colorado, Ms. McMinimee practiced law for 12 years in Salem, Oregon, where her practice emphasized estate administration; estate planning; creditor's rights; and elder law, including guardianships, conservatorships, and Medicaid planning. She is a frequent speaker at continuing legal education programs. Congressman Ed Perlmutter has deep roots in the 7th Congressional District and has lived in Jefferson County his entire life. His grandfather and father ran a concrete business (in what is now the 7th district) for decades. Ed attended Jefferson County public schools and then worked construction with his father during the summers while in law school at the University of Colorado. He chose to raise his family in the district where his three daughters also attended Jefferson County Public Schools. Ed currently lives in Golden with his wife Nancy, a public school teacher, and their three dogs: Tucker, Charlie and Winston. In 1994, Ed was elected to the Colorado State Senate as the first Democrat to hold the seat in nearly 30 years. He served two terms and garnered the reputation as a bipartisan bridge-builder and a champion of renewable energy and smart growth policies. In 2006, Ed was first elected to

5TH ANNUAL ELDER LAW RETREAT FACULTY BIOS continued

represent the 7th Congressional District in Congress and is currently serving in his third term. Eds top priority in the 113th Congress is creating good jobs for the hardworking people in Colorado. Good paying jobs will be maintained and created by moving forward with construction of the new VA Hospital in Aurora, promoting energy security and independence by working with the National Renewable Energy Laboratory (NREL) and other world-class private sector energy businesses, and expanding Colorados role and economic development opportunities in the aerospace industry including the Orion manned space flight program. In the 113th Congress, Ed is proud to be assigned to the exclusive Financial Services Committee including the following subcommittees: 1) Capital Markets and Government Sponsored Enterprises (GSE); and 2) International Monetary Policy and Trade. Perlmutter is also co-chair of the New Democrat Coalition Energy Task Force. Bernard A. Poskus, Esq., received his Bachelors Degree from the University of Notre Dame in 1974, and received his Juris Doctorate Degree from the University of Akron in 1978. After a long career with various Legal Services Programs working with the elderly and disabled, Mr. Poskus went into the private practice of law in February, 1989. Since that time, he has litigated numerous issues of concern to the elderly and disabled, and is a frequent lecturer on these topics as well. Mr. Poskus is a Fellow of the American College of Trust and Estate Counsel, a member of the National Academy of Elder Law Attorneys, and in 2009, was recognized by the National Chapter of the Alzheimers Association with its Maureen Reagan Outstanding Advocate Award for his long service to the cause of a World Without Alzheimers. Thomas A. Rodriguez, Esq., has been an attorney since 1999. He is a Partner with the firm Vincent, Romero & Rodriguez, LLC in Louisville, CO. His practice emphasizes probate litigation, including contested guardianships and conservatorships, fiduciary representation, and other will and trust litigation. Prior to joining the firm in 2002, Mr. Rodriguez worked for the Aurora Public Defender where he tried more than 50 jury trials. Mr. Rodriguez has lectured before the Colorado Bar Association, Boulder County Bar Association and at other programs on topics such as probate litigation and ethics. He is a member of the Executive Council of The Colorado Bar Association's Elder Law Section and a member of the Boulder County Bar Association. Mr. Rodriguez is originally from Memphis, Tennessee. He earned his B.A. degree from Hardin-Simmons University in Abilene, Texas, and his J.D. degree from Emory University School of Law in Atlanta, Georgia. When he is not in the office, Tom spends his free time with his wife and two young daughters. He also enjoys golf, skiing, fantasy football and pulling for his beloved Oklahoma Sooner football team. Alexander (Alec) R. Rothrock, Esq., is a shareholder with the Greenwood Village law firm of Burns, Figa & Will, P.C. He practices exclusively in the area of legal ethics and the law of practicing law. He is a former chair of the Colorado Bar Association Ethics Committee. Mr. Rothrock was born in Evanston, Illinois, in 1959. Catherine Anne Seal, Esq., is a partner in the law firm of Kirtland & Seal, LLC in Colorado Springs. Ms. Seal is a member of the National Academy of Elder Law Attorneys (NAELA) and is one of only 10 attorneys in Colorado designated a Certified Elder Law Attorney (CELA) by the National Elder Law Foundation. She is a member of the Board of Directors of NAELA and also serves as chair of the NAELA Guardianship Section. Ms. Seal is a member of the American Bar Association Real Property, Probate and Trust Law Section, where she is a member of the Publications Committee and she is also a member of the Senior Lawyers Division. She is the public administrator for the Fourth Judicial District of Colorado. Ms. Seal received her law degree from the University of Colorado Law School and is first person to be awarded an LL.M. in elder law from Stetson University College of Law. She holds a graduate certificate in gerontology from the University of Colorado-Colorado Springs. Ms. Seal has written Colorado Elder Law, which is a volume in the Thomson West Colorado Practice Series. She is a member of the Colorado Bar Association (CBA) and its Trust and Estate Section and Elder Law Section. She serves as chair of the Elder Law Section. Ms. Seal practices elder law and focuses primarily on protective proceedings and elder financial exploitation. She was appointed as a delegate for NAELA to the Third Guardianship Summit in October 2011 and is also a co-author of a conference paper on guardianship fees. R. Eric Solem, Esq., is a partner in the Englewood law firm of Solem, Mack & Steinhoff, P.C. His practice emphasizes elder law, Medicaid, Medicare, probate, and Social Security matters. Mr. Solem is a 1974 graduate of the University of Wisconsin Law School in Madison. He is licensed in Wisconsin and Colorado and has practiced before the Tenth Circuit and the U.S. Supreme Court. He has argued Medicaid appeals and Social Security appeals before the federal district courts and the court of appeals. Mr. Solem is past co-chair of the Elder Law Committee and a member of the Trust and Probate Section of the Colorado Bar Association. He is also a past member of the National Organization of Social Security Claimants Representatives (NOSSCR), and a current member of the National Academy of Elder Law Attorneys (NAELA) and the Colorado Guardianship Alliance. He is also a founder of the Colorado Fund for People with Disabilities, Inc., a (d)(4)(C) trust for whom he still acts in an advisory capacity. Mr. Solem is a frequent lecturer on Medicaid and Social Security matters.

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5TH ANNUAL ELDER LAW RETREAT - REGISTRATION FORM

Retreat tuition includes course materials*(printed book or flash drive**), admission to the entire Retreat, admission to the Welcome Reception on Thursday, August 22nd, and the Wine Tasting on Friday, August 23rd. *NEW THIS YEAR: All attendees will receive the course materials digitally via email approximately 3-5 business days before the Retreat. If you wish to receive your materials via email ONLY (no printed book and no flash drive picked up at the Retreat), please select this option on the registration form. Your tuition for this option is $30 LOWER than the option to receive the printed book or flash drive.

STEP 6: ELDER LAW RETREAT OPTIONAL SESSIONS FRIDAY, AUGUST 23rd: 12:30 - 1:30 pm OPTIONAL LUNCH SESSION with the Honorable Elizabeth Leith
Participants will be able to order and purchase directly from the Marriott hotels buffet lunch menu. Please indicate if you plan to attend so that we can provide an accurate count to the Marriott:

J YES, I will attend J NO, I will not attend:

FRIDAY, AUGUST 23rd: 1:45 - 3:00 pm Elder Law Retreat UNPROGRAM with Moderators Carl Glatstein, Esq., Christine Law, Esq., and John Campbell, Esq., CELA, MSCC
This years Retreat brings together some of the top elder law professionals in the region. One of the greatest benefits the Retreat offers is a forum for discussion. Friday afternoon will be devoted to the Unprogram. Youll have the opportunity to network and discuss in small groups additional topics chosen by the attendees. Possible topics include: So You Want To Talk About Capacity?, Supreme Court Decisions on Medicaid Recovery; and The Probate Compensation Act at Age 2 Terrible Toddler?

**Unless you select the emailed course materials, your printed book or flash drive will be available for pick up at the Retreat.

STEP 1: REGISTRATION CATEGORIES Elder Law Retreat Program Tuition: (EL082413L) J Non-member ....................................................................................................................$409 J CBA Member ....................................................................................................................$389 J CBA Elder Law/ Trust & Estate Law Section Member ....................................................$359 J New Lawyer CBA Elder Law or T&E Section Member (in practice < 3 yrs.)..............$249 J Full-time judges: ..............................................................................................................$229 J CLE Elite Pass Holder:............................................................................................$189 STEP 2: MATERIALS FORMAT EMAIL the materials to me at: ______________________________________________________________________
(Deduct $30 from my tuition)

No CLE credit will be offered for this session.

J YES, I will participate J NO, I will not participate

Register by PHONE... when using VISA, MasterCard, Amex In Denver: (303) 860-0608 Toll-Free: (888) 860-2531 Or FAX form to... when using VISA, MasterCard, Amex FAX to: (303) 860-0624 Or MAIL form to... CLE in Colorado
1900 Grant St, Suite 300 Denver, CO 80203-4303

J Materials on Flash Drive J Printed Book

STEP 3: GUEST BREAKFAST
(Skip this step if you do not wish to purchase breakfast for your guest)
Guests may participate in breakfast on Friday and/or Saturday for $25/adult per day, or $10/child per day. Deadline to purchase breakfast for guests is August 16, 2013.

Retreat ADULT GUEST BREAKFAST Friday: # of Guests x $25: _______ Saturday: # of Guests x $25: _______ Retreat CHILD GUEST BREAKFAST (under 13 years of age) Friday: # of Guests x $10: _______ Saturday: # of Guests x $10: _______ STEP 4: RECEPTION GUESTS
(Receptions on Thursday and Friday are complimentary for guests. Please skip this step if you are not bringing any guests)

Name __________________________________________________ Atty. Reg. # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Firm/Organization __________________________________________________ E-Mail Address ____________________________________________________________________ Street Address ____________________________________________________________ City/State/Zip ____________________________________________________________ Telephone ( )________________________________________________

Retreat RECEPTION GUESTS Thursday: # of Adult Guests: _______ Friday: # of Adult Guests: _______

J Enclosed is my check made payable to CBA-CLE J VISA J MasterCard J AmEx

RETREAT REGISTRATION TOTAL $

STEP 5: BREAKOUT SESSION TOPIC SELECTION
Please indicate breakout choices (1 for each time slot)

Credit Card # ______________________________________________________ Exp. Date__________________________________________________________________

Thursday, August 22 SESSION A - 10:10 - 11:10 am: Friday, August 23 SESSION B - 11:20 am - 12:20 pm: Saturday, August 24 SESSION C - 10:35 - 11:45 am:

J Topic 1 OR J Topic 2 J Topic 3 OR J Topic 4

Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Required for credit card orders

J Topic 5 OR J Topic 6

CLE USE ONLY - Check #:_____________________

Approval #:______________________

CANCELLATIONS:If you are unable to attend, please notify CBA-CLE by AUGUST 16, 2013 and we will gladly refund your tuition in full. Cancellations after August 16 will be refunded less a $100 cancellation fee OR you may send someone in your place. The breakout sessions that you originally selected will be transferred to your replacement.

ELDER LAW RETREAT

August 22-24, 2013
1900 Grant Street, Suite 300, Denver, Colorado 80203-4303

5TH ANNUAL

Nonprofit Org. U.S. Postage Paid Permit No. 1638 Denver, CO

IN VAIL, COLORADO

PLEASE JOIN US FOR THIS INTERACTIVE, ADVANCED-LEVEL RETREAT!

FOR MORE INFORMATION GO TO www.elderlawretreat.com

Co-Sponsored by the Elder Law Section of the Colorado Bar Association and the Colorado Chapter of National Academy of Elder Law Attorneys

ELDER LAW RETREAT

AT THE VAIL MARRIOTT MOUNTAIN RESORT 715 West Lionshead Circle, Vail, CO

5TH ANNUAL

AUGUST 22-24, 2013 IN VAIL, COLORADO

FOR MORE INFORMATION GO TO www.elderlawretreat.com