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 Pre-Conference Workshop - August 23, 2012

AND

ELDER LAW RETREAT

LIVE IN VAIL, COLORADO
August 24-25, 2012

4 TH ANNUAL

Rebecca C. Morgan and Roberta K. Flowers

Featuring Nationally Recognized Speakers,

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

FOR MORE INFORMATION GO TO www.elderlawretreat.com
Pre-Conference Workshop Submitted for 5 General CLE Credits Retreat Submitted for 8 General CLE Credits, and a Total of 3 Ethics Credits*
*You must attend the session with the ethics component to claim ethics credits.

Vail Marriott Mountain Resort

715 West Lionshead Circle Vail, CO

AT THE

LIVE AT THE VAIL MARRIOTT MOUNTAIN RESORT VAIL, COLORADO

Elder Law Pre-Conference Workshop

LIVE ONLY: August 23, 2012
PRE-CONFERENCE WORKSHOP AGENDA:
12:30 - 1:00 PM Registration 1:00 - 5:00 PM (includes one 15-minute break) TRIAL ADVOCACY AND INTERACTIVE MOCK TRIAL Trial skills are essential for elder law attorneys who appear in contested and non-contested hearings in probate and district courts and other venues. The retreat pre-session is a 4-hour interactive, intermediate-level trial advocacy session led by trial lawyer and trial advocacy teacher Karen Steinhauser. Based on an elder law hypothetical fact pattern, Ms. Steinhauser will discuss and demonstrate the art and skill of trial advocacy, including the importance of incisive case analysis and persuasive speech. Since trial skills are best acquired by seeing and doing, the group will be divided into two, and attendees will have the opportunity to practice their skills in a supportive atmosphere with constructive feedback. The session will include trial evidence, opening statement, direct and cross examination of expert witnesses, and closing argument. Expert witnesses will provide testimony by direct and cross examination. LEAD INSTRUCTOR: Karen S. Steinhauser, Esq., The Law Office of Karen Steinhauser LLC, Centennial, CO FACULTY: Spencer J. Crona, Esq., Brown & Hulbert, LLC, Denver, CO Stuart L. Kutz, Jr., Ph.D, J.D., Denver, CO Richard F. Spiegle, Psy.D., Center for Forensic & Clinical Psychology, Denver, CO

ELDER LAW RETREAT

August 24-25, 2012
Come for the Educational Line-up
For three 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 Running an Ethical Elder Law Office: The Intersection of Practice Management and Ethics Rules I A 75-Minute Primer and a Bit More on Appellate Advocacy for the Elder Law Attorney in Colorados Supreme Court and Court of Appeals I The Financial Durable Power of Attorney: Defining the Agents Duties I Medicaid Advanced Planning Techniques I Ethics in Elder Law I Trust Drafting Tips For the Elder Law Attorney: A Fiduciarys Perspective I Advocacy, Patient Rights and Liability Considerations for Both Residents and Management of Assisted Living and Nursing Home Facilities I Estate Planning Drafting Tips to Avoid Litigation in Probate Court: Second Marriages; Non-Marriage Unions; Pre-nuptial; Planning to Avoid a Protective Proceeding

4 TH ANNUAL

LIVE ONLY:

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 8 General CLE Credits, and a Total of 3 Ethics Credits*
*You must attend the session with the ethics component to claim ethics credits.

Submitted for 5 General CLE Credits

4TH ANNUAL ELDER LAW RETREAT PROGRAM AGENDA

DAY 1 FRIDAY AUGUST 24, 2012 7:00 AM Registration & Continental Breakfast 7:50 - 8:00 AM Welcome and Introduction Susie Germany, Esq., and Arlene Barringer, Esq., Program Co-Chairs 8:00 - 9:00 AM Third National Guardianship Summit: A New Set of Standards, a New Day in Guardianship Administration The Third National Guardianship Summit took place October 12-15, 2011, at the University of Utahs S.J. Quinney College of Law, and brought jurists, practitioners, health-care and public-policy stakeholders, social workers, professional fiduciaries, respondent advocates and scholars from across the nation together in working groups to examine and deliberate upon widespread problems, empirical data and potential solutions in guardianship and conservatorship administration. Spencer Crona, Carl Glatstein and Catherine Seal were participants in the Summit. They will present the summit recommendations and discuss how their implementation will likely affect guardianship practice. M. Carl Glatstein, Esq., Glatstein & OBrien, LLP, Denver, CO Spencer J. Crona, Esq., Brown & Hulbert, LLC, Denver, CO Catherine A. Seal, Esq., Kirtland & Seal, LLC, Colorado Springs, CO 9:00 - 9:15 AM Adjourn to Breakout Sessions 9:15 - 10:30 AM BREAKOUT SESSION A* 10:30 - 10:45 AM Networking and Refreshment Break 10:45 AM - 12:00 PM BREAKOUT SESSION B* 12:00 PM Adjourn Enjoy Vail! 12:00 - 1:30 PM OPTIONAL LUNCH SESSION:* Trends in Probate Policies and Programs from the Colorado Judicial Branch *At this session, participants will join the Honorable Elizabeth D. Leith, of the Denver Probate Court, in the Vail Marriott Hotel restaurant for an optional lunch session. Participants may purchase lunch from the Marriott Hotel lunch menu. Seating is limited and participants must sign up in advance. 5:00 - 6:30 PM Wine Tasting Reception

DAY 2 SATURDAY AUGUST 25, 2012 7:00 AM Continental Breakfast 8:00 - 9:00 AM The Past, Present and Future of Elder Law Practice With the aging of the Baby Boomers, much attention is given to aging issues and the impact that this group of Americans will have on society, on government programs and our culture. The sheer number of Baby Boomers directs us to think about the impact they will have on the Elder Law Practice. That, along with the changes in technology, changes to government programs and the economy, creates a perfect time to think about the future of Elder Law. Baby Boomers Budget Cuts Longevity Cultural Diversity Multiple Generations Clients Needs Change Professor Rebecca C. Morgan, Stetson University College of Law, Gulfport, FL 9:00 - 9:15 AM Adjourn to Breakout Sessions 9:15 -10:30 AM BREAKOUT SESSION C* 10:30 - 10:45 AM Networking and Refreshment Break 10:45 AM - 12:00 PM BREAKOUT SESSION D* 12:00 PM Adjourn *Select one topic per breakout session please indicate your topic selection on the registration page. See Breakout Topic descriptions on the next page.

SOCIAL ACTIVITIES:

FRIDAY NIGHT WINE TASTING RECEPTION

Dont miss this opportunity to visit with colleagues in an informal setting with drinks, appetizers, and conversation.

4TH ANNUAL ELDER LAW RETREAT BREAKOUT TOPICS AND DESCRIPTIONS TOPIC #1: Running an Ethical Elder Law Office: The
Intersection of Practice Management and Ethics Rules

1.5 Ethics Credits

Running an elder law practice demands special attention to ethics rules due to the variety of legal issues and the types of clients that an elder law practice can serve. This interactive session will use a combination of forms (e.g., engagement letter, joint representation, conflict waiver) and a checklist to identify strategies to spot potential problems in areas including: estate planning for blended families; mutigenerational representation; determining whether a potential client has capacity to engage an attorney; litigation issues; and others. In addition, we will look at the ethical responsibility of solo and small firm lawyers to plan for their own disability and death as it relates to their law practice and practice management. Come to this session prepared to participate in a lively discussion! Several forms and clauses will be used in the course of discussion, and we will use the Colorado Rules of Professional Conduct, the ACTEC Commentaries, and the NAELA Aspirational Standards.

the recent attention given to durable powers of attorney by legal commentators has focused on increasing cases of abuse by dishonest or unreliable agents and the damage to the principal that can occur. However, very little consideration has been given to the potential liability and other problems that an honest agent acting in good faith may encounter. This presentation will consist of an interactive discussion of case studies to examine the role of the agent and the extent of the duties to which an agent may be held liable under a durable power of attorney. An understanding of the complexities of this issue is essential for legal counsel to adequately advise both the principal and the agent concerning the role, expectations and obligations of such an agent under a durable power of attorney.

Presented by Dennis N. Whitmer, Esq., and Dylan H. Metzner, Esq., Hamilton Faatz and Waller, PC, Greenwood Village, CO

TOPIC #4: Medicaid Advanced Planning Techniques

This session will cover advanced strategies and techniques for Medicaid asset preservation planning. We will cover the use of trusts, annuities, life estates, and gift transfers to preserve assets, plan for Medicaid eligibility and avoid Medicaid estate recovery. Attendees will be presumed to have at least a basic knowledge of Medicaid planning and eligibility issues.

Presented by Barbara E. Cashman, Esq., Barbara Cashman, LLC, Denver, CO

TOPIC #2: A 75-Minute Primer and a Bit More on Appellate

Advocacy for the Elder Law Attorney in Colorados Supreme Court and Court of Appeals When to Appeal and What to Appeal - Recent Changes to the Colorado Appellate Rules - The Rule of Finality - Exceptions to the Rule of Finality How Close to Final is Close Enough? Original Proceedings Before the Colorado Supreme Court Interlocutory Appeals Certification Under C.R.C.P. 54(b) Preserving Issues for Appeal - Can You Raise That Issue on Appeal? Standards of Review - How Many of Them Exist, What are They and Does It Really Matter? The Record on Appeal - Tips on How to Avoid Singing the Blues, Getting Thrown Out of Court and How to Maintain Your Credibility Attorneys Fees and Costs on Appeal This is More Than the Probate Codes Cost Compensation Statute?

Presented by John J. Campbell, Esq., CELA, MSCC, Law Offices of John J. Campbell, PC, Denver, CO

TOPIC #5: Five Considerations for an Ethical Elder

Law Practice

1.5 Ethics Credits

This interactive session will cover 5 Cs of elder law ethics: who is the client, clients with diminished capacity, confidentiality, conflicts of interest and who is in charge (scope of representation). The presenters will apply the Colorado Rules and the NAELA Aspirational Standards to these topics using video vignettes and audience response systems.

Presented by Roberta K. Flowers, Professor of Law, Stetson University College of Law, Gulfport, FL, and Rebecca C. Morgan, Professor of Law, Stetson University College of Law, Gulfport, FL

TOPIC #6: Trust Drafting Tips for the Elder Law Attorney: A Fiduciarys Perspective
Oftentimes, a grantors or drafting attorneys true wishes and intents are lost in the muck of the administration. Even more prevalent are documents that are self-contradictory or could lead to the disqualification from benefits if administered improperly. Subsequently, it is the fiduciary that is left holding the bag, deliberating on the proper goals and objectives of the grantor and the planning documents. Our presenters will lead a guided discussion around such issues, exploring different tips and techniques useful to elder law attorneys in their drafting and execution of trusts, conservatorships and the like, in addition to providing advice for

Presented by Richard Mishkin, Esq., Mishkin Law Firm, PC, Denver, CO

TOPIC #3: The Financial Durable Power of Attorney: Defining

the Agents Duties The financial durable power of attorney is an extremely useful and powerful document that has gained widespread acceptance and use. However, this deceptively simple document can cause a plethora of problems when it is misunderstood or its powers are abused. Most of

FOR MORE INFORMATION GO TO www.elderlawretreat.com

attorneys who act as a fiduciary themselves. Our goal is to share with attorneys trust language that trustees are most comfortable with and insights into how trustees live with trusts once they are created. We hope to initiate a dialogue that results in attorneys and trustees gaining deeper insights into the approaches and perspectives of the other.

Presented by Peter J. Wall, Vice President, Trust Officer, Colorado State Bank and Trust, Denver, CO, Mark D. Masters, Esq., Horen Lockwood & Masters LLP, and Christopher Scance, President and Chief Investment Officer, Golden Fiduciary Services, Greenwood Village, CO

THANK YOU to Our 2012 Sponsors!

confirmed to date:

TOPIC #7: Advocacy, Residents Rights and Litigating Nursing

Home Complaints: Issues from Pre-Admission to Post-Discharge for Residents and Management of Assisted Living and Nursing Home Facilities This panel discussion will address a number of issues affecting residents of long-term care facilities (both assisted living residences and skilled nursing facilities) from Pre-Admission to Post-Discharge, including: avoiding the pitfalls of mandatory arbitration; delays in establishing Medicaid eligibility; the current mix of residents in long-term care facilities and conflicts between residents; the unmet mental health needs of nursing home residents; GLBT residents in long-term care; Culture Change; involuntary discharges from facilities; new developments in voluntary discharges, including Section Q of the Minimum Data Set, Community Choice Transitions, Dual Eligibles, the Colorado Olmstead plan and the need for regulatory and legislative reform in implementing these new programs; litigating nursing home claims and cases and Medicare and Medicaid liens.

PLATINUM I Approval Reverse Mortgage I Harris Home Health I JAMS GOLD I Benefit Payee Services, Inc I Colorado State Bank and Trust I InnovAge I ElderCounsel, LLC I Investors Independent Trust Company I Krause Financial Services, Inc I Senior Helpers SILVER I Burns Brokers LLC I Douglas Dixon CPA LLC I Front Range Fiduciary Services, LLC I Golden Fiduciary Services I Kerr Forensic Accounting, PC I LexisNexis I Life Quality Homes of Denver I Seal Financial Services, Inc.

Presented by Jay Reinan, Esq., Law Offices of J.M. Reinan, PC, Denver, CO, and Mary Catherine Rabbitt, Esq., Staff Attorney, The Legal Center for People with Disabilities and Older People, Denver, CO

TOPIC #8: Estate Planning Drafting Tips to Avoid Litigation in

Probate Court This program will discuss ways to bullet proof your estate planning documents so that your client (and you!) dont end up in a contested proceeding to determine what you meant in the document. In addition to discussing generic drafting issues, it will look at issues involving nontraditional relationships as well as taking a look at some bad examples of wills and other estate planning documents that have resulted in contested proceedings.

Presented by Michael A. Kirtland, J.D., LL.M., CELA*, Kirtland & Seal LLC, Colorado Springs, CO * Certified Elder Law Attorney by the National Elder Law Foundation
You may select one topic per breakout session please indicate your topic selection on the registration page.

Sponsorship opportunities are still available! Please contact Monica Santillanes at msantillanes@cobar.org for more information

4TH 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 PROGRAM FACULTY: John J. Campbell, Esq., CELA, MSCC Law Offices of John J. Campbell, PC Denver, CO Spencer J. Crona, Esq. Brown & Hulbert, LLC Denver, CO Roberta K. Flowers Professor of Law Stetson University College of Law Gulfport, FL

M. Carl Glatstein, Esq. Glatstein & OBrien LLP Denver, CO Barbara E. Cashman, Esq. Barbara Cashman, LLC Denver, CO Michael A. Kirtland, Esq. Kirtland & Seal LLC Colorado Springs, CO Stuart L. Kutz, Jr., Ph.D, J.D Denver, CO Honorable Elizabeth Leith Presiding Judge Denver Probate Court Denver, CO Mark D. Masters, Esq. Horen Lockwood & Masters LLP Centennial, CO Dylan H. Metzner, Esq. Hamilton Faatz and Waller, PC Greenwood Village, CO

Richard Mishkin, Esq. Mishkin Law Firm PC Denver, CO Rebecca C. Morgan, J.D., LL.M. Boston Asset Management Chair in Elder Law Director, LL.M. in Elder Law Stetson University College of Law Gulfport, FL Jay Reinan, Esq. Law Offices of J.M. Reinan, PC Denver, CO Mary Catherine Rabbitt, Esq. The Legal Center for People with Disabilities and Older People Denver, CO Christopher Scance President and Chief Investment Officer Golden Fiduciary Services Greenwood Village, CO

Catherine A. Seal, Esq. Kirtland & Seal LLC Colorado Springs, CO Richard F. Spiegle, Psy.D. Center for Forensic & Clinical Psychology Denver, CO Karen S. Steinhauser, Esq. The Law Office of Karen Steinhauser LLC Centennial, CO Peter J. Wall Vice President/Trust Officer Colorado State Bank and Trust Denver, CO Dennis N. Whitmer, Esq. Special Counsel Hamilton Faatz and Waller, PC Greenwood Village, CO

HOTEL AND LODGING INFORMATION: RETREAT HEADQUARTERS:

Reservations or cancellations must be made by August 10, 2012. Room rates at the Vail Marriott Mountain Resort: Standard: $139/night Deluxe and King Studio: $149/night Jr. Timberline Suite: $199/night Timberline Suite: $249/night

Whats NEW at CBA-CLE?

The CLE Season Pass
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 Season Pass: Elite Season Pass Holders receive a 50% discount for all Institutes (see terms, Conditions & Exclusions*) Basic Season Pass Holders receive special prices on selected events. CLE decisions are made easy you dont have to pass on any programs with the Season 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)

Vail Marriott Mountain Resort

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

Please identify yourself as a member of the CLE in Colorado group in order to receive the group discount. Reserve your room by calling 800-266-9432.

For more information or to download the enrollment packet go to: http://www.cba-cle.org/season-pass.pdf

4TH 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. FACULTY: 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.

Barbara E. Cashman, Esq., is in her fifth year of solo practice in Denver, focusing on estate and elder law and mediation. Prior to that time, she spent many years working as a permanent law clerk in the U.S. District Court in Denver. She has written and lectured on topics relating to blogging, as well as elder law and mediation. Barb received her J.D. from DU Law School in 1987, where she was editor-in-chief of the Denver Journal of International Law & Policy. After law school she earned a Diploma in Postgraduate Legal Studies from the University of Stockholm (Sweden). She holds an M.A. from the Graduate School of International Studies at DU, and received her mediation training (Certificate in ADR) from DU University College in 2000. Her B.A. is from Metropolitan State College. She is admitted to practice before the Colorado Supreme Court and the U.S. District Court, District of Colorado. Barb is a member of the Womens Estate Planning Council and the Denver Probate Court volunteer mediation project, and is active in three sections of the Colorado Bar Association: Elder Law, Trusts & Estates and the Solo/Small Firm section, where she has served as promoter-in-chief of the CBAs award-winning blog, SOLOinCOLO, since its inception. Spencer J. Crona, Esq., practices principally in the areas of probate, estate and trust litigation, conservatorships and guardianships, probate review of personal injury settlements and estate administration. A Denver native, Spencer earned his juris doctorate degree from the University of Denver College of Law in June 1989 and was admitted to practice before the courts of Colorado in October 1989. He was admitted to practice before the U.S. District Court for the District of Colorado and the U.S. Court of Appeals for the Tenth Circuit in 1990. Spencer is a member of the Colorado Bar Association, the Denver Bar Association, the CBA Elder Law Section, the CBA Trust & Estate Section and he currently serves as the Secretary for the CBA Trust & Estate Section Executive Council. He is also a Fellow of the American College of Trust and Estate Counsel. He has participated in the drafting of numerous Colorado probate statutes, including statutory provisions for the Colorado Uniform Guardianship and Protective Proceedings Act, estate compensation of professionals and determinations of death in a mass-casualty incident. For the past 10 years, he has taught every year as invited faculty at professional seminars within his fields of practice. Roberta K. Flowers is a professor of law at Stetson University College of Law. Within the Elder Law LL.M. program, Professor Flowers teaches Ethics in an Elder Law Practice. She also teaches Evidence, Criminal Procedure, and Professional Responsibility. During her time at Stetson, Professor Flowers has received the university-level Excellence in Teaching Award, Most Inspirational Teacher Award from the Student Bar Association, and an award from the Student Bar Association for supporting student life. She also has received the university-level Homer and Dolly Hand Award for Excellence in Scholarship, the Deans Award for Extraordinary Service, and has been awarded the Distinguished Service Award four times. She won a Telly Award for Excellence in Educational Films for having produced a series of educational videos on the ethical issues faced by prosecuting attorneys. Along with Professor Rebecca Morgan, she created a video series used to train and educate attorneys nationwide on the ethical dilemmas faced by elder law attorneys. The Florida Supreme Court awarded Professor Morgan and

4TH ANNUAL ELDER LAW RETREAT FACULTY BIOS continued

Professor Flowers the Florida Supreme Court Professionalism Award for their video productions. Additionally, with Professor Morgan, Professor Flowers designed the nations first elder friendly courtroom, which serves as a model for courtrooms of the future. Before arriving at Stetson, Professor Flowers worked as a prosecutor in both the state and federal system. She began her career in 1984 as a deputy district attorney for the 18th Judicial District of Colorado, where she served as a trial attorney in the criminal division. Professor Flowers graduated magna cum laude from Baylor University in 1979 with a bachelors degree in psychology. She received her J.D. from the University of Colorado in 1984, where she was selected to be a member of the Order of the Coif. 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. Michael A. Kirtland, Esq., is a partner in the Colorado Springs law firm Kirtland & Seal, L.L.C. His practice is concentrated in the areas of trusts and estates, estate planning, wills, probate and ancillary probate, elder law, guardianship and conservatorship, marital agreements, and taxation related to those areas. Mr. Kirtland was admitted to practice in Alabama in 1994 and in Colorado in 2004. He is also admitted to the U.S. District Courts for the Middle District of Alabama and the District of Colorado, the U.S. Courts of Appeals for the Tenth and Eleventh Circuits, the U.S. Tax Court, and the U.S. Supreme Court. He attended Coe College, where he received his B.A. in 1974, and the University of Colorado at Colorado Springs, where he received an M.P.A., summa cum laude, in 1981. He received his J.D., magna cum laude, from Faulkner University in 1993, and his LL.M. in taxation from the University of Alabama in 1999. Mr. Kirtland is a member of the El Paso County, Colorado, and American bar associations. He is a member of the El Paso County Bar Association Probate Section; the Colorado Bar Association (CBA) Elder Law, Trust and Estate, and Alternative Dispute Resolution sections; and the American

Bar Association Senior Lawyers Division, where he is a council member, and the Sections on Alternative Dispute Resolution and Real Property, Trust and Estate Law, of which he is chair of the Elder Law Group. He is also a member of the CBA Ethics Committee. Mr. Kirtland is a member of the board of directors of the National Elder Law Foundation. He serves as a member of the Judicial Performance Commission for the Fourth Judicial District of Colorado. He belongs to the Alabama State Bar (where he is a registered mediator), the American Inns of Court in Colorado Springs, the National Academy of Elder Law Attorneys, the National Elder Law Foundation, the Air Force Association, and the Military Officers Association of America. Mr. Kirtland is one of only 10 Certified Elder Law Attorneys (CELAs) in Colorado. 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 court-appointed 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. Honorable Elizabeth 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 case 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.

FOR MORE INFORMATION GO TO www.elderlawretreat.com

Mark D. Masters, Esq., limits his practice to estate planning, business planning, estate administration and tax, including planned charitable giving. Mr. Masters is Past Chair of the Colorado Bar Association Trust & Estate Section, and is former chair of the Section's Statutory Revisions Committee and member of the Colorado Probate Code (UPC II) revision committee. In addition to writing legislation, Mark contributes to the standard reference "Colorado Estate Planning Handbook," 6th Ed., coedited the 1st and 2nd editions of the C.B.A. Senior Law Handbook, has been quoted in Time Magazine and Bloomberg Business News, has written articles for The Colorado Lawyer, The Denver Post and Rocky Mountain News, and is Contributing Editor of the Colorado Will and Estate Planner for Bradford Publishing. In his 25th year of practice, Mr. Masters holds a BA With Distinction from the University of ColoradoBoulder and a JD degree from Washburn University School of Law. He is an adjunct faculty member of the Paralegal Department of Arapahoe Community College, and has lectured for the Denver University College of Law, the University of Colorado School of Law and for Regis University. A lecturer and program planner, Mr. Masters was honored with the Doyle Award of Excellence in 2007 by CLE, Inc. of the Colorado Bar Association for his contributions to legal continuing education and publications. Since 2009 Mark has been recognized in 5280 and ColoradoBiz magazines for "Five Star" client satisfaction among Colorado estate planning attorneys, and is recognized in those magazines as a Colorado Superlawyer for 2011. Mark is a Fellow of the Colorado Bar Foundation, a member of the Rocky Mountain chapter of the Society of Financial Service Professionals, and member of the Southeast Denver Estate Planning Council and C.B.A. Tax Section. Dylan H. Metzner, Esq., is an attorney with the firm of Hamilton Faatz and Waller, PC, and focuses on trust and estate law, wealth transfer planning, and business formation and operation. He also represents fiduciaries, heirs, and beneficiaries in the resolution of probate and trustrelated disputes. Mr. Metzner is a member of the CBA and the Statutory Revision and the Orange Book Committees of the Trust and Estate Section. Mr. Metzner received his J.D. and M.B.A from the University of Denver where he is currently pursuing his LL.M. in Taxation. Richard Mishkin, Esq., received his undergraduate degree from the University of Wisconsin and his Juris Doctor, Magna Cum Laude (with High Honors), from the University of Denver. During his career, Rick has worked as an associate at a boutique securities law firm, as an associate of a mid-sized Downtown Denver law firm, as a Director/Officer of two mid-sized Downtown Denver Law Firms and as the founder of MishkinLawFirm a Professional Corporation. Ricks practice focuses on Estate Planning, Probate, Business Planning, Elder Law, Asset Protection Planning and Real Estate Transactions. Throughout his career Rick has been active in Colorado and local Bar Associations. Rick is currently a member of the Colorado, Denver and First Judicial District Bar Associations and a member of the Trust and Estate Section, the Elder Law Section, the Business Law Section and the Real Estate Section of the Colorado Bar Association. He also currently serves as a member of the Elder Law Section Executive Council and as a member of the Trust and Estate Sections Orange Book Forms Committee. Rick has been President of the First Judicial District Bar Association, received its Award of Merit for Outstanding Contributions to the Bar Association, the Legal Profession and the Community and served on its Board of Trustees for 5 years. Rick has been a Vice President and member of the Executive Council of the Colorado Bar Association and he served as one of the Colorado Bar Associations appointments to the Colorado Access to Justice Commission. Rebecca C. Morgan is the Boston Asset Management Faculty Chair in Elder Law, the director of the Center for Excellence in Elder Law at Stetson University College of Law and the director of Stetson's online LL.M. in Elder Law. Professor Morgan teaches a variety of elder law courses in the J.D. and LL.M. areas and oversees the elder law concentration program for J.D. students. She is the successor co-author of Matthew Bender's Tax, Estate and Financial Planning for the Elderly, and its companion forms book, and a co-author of Representing the Elderly in Florida and The Fundamentals of Special Needs Trusts. Professor Morgan is a past president of the National Academy of Elder Law Attorneys, past president of the board of directors of the National Senior Citizens Law Center, past chair of the American Association of Law Schools Section on Aging and the Law and of the Florida Bar Elder Law Section, and was on the faculty of the National Judicial College. She served on the Florida Attorney General's Task Force on Elder Abuse and the Florida Legislative Guardianship Study Commission. She is a member of the American Law Institute, academic advisory board for the Borchard Center for Law and Aging, an academic fellow of the American College of Trusts & Estates Counsel, a NAELA fellow, and a member of NAELA's Council of Advanced Practitioners. She also serves as a special advisor to the ABA Commission on Law and Aging. She received the NAELA Unaward in November 2004 from President Stu Zimring for her accomplishments in the field of elder law. Professor Morgan, along with Professor Roberta Flowers, received the 2005 Project Award on Professionalism from the Florida Supreme Court Commission on Professionalism for their video series on ethics in an elder law practice. She received the 2006 Rosalie Wolf Memorial Elder Abuse Prevention Award from the National Committee for the Prevention of Elder Abuse. She received the Homer & Dolly Hand Award for Faculty Scholarship in May of 2008, and the NAELA President's Award from NAELA President Mark Shalloway in May of 2008. Professor Morgan was the 2009 recipient of the Treat award from the National College of Probate Judges. Mary Catherine Rabbitt, Esq., is a staff attorney at the Legal Center for People with Disabilities and Older People and works under contract with the Colorado Department of Human Service as the Colorado Legal Assistance Developer for the Older Americans Act Program. In that position, she provides support, training, supervision and technical assistance to the legal assistance providers, ombudsmen and Area Agency on Aging Directors for the 16 Regions across Colorado. She has served in that position since June 2008. Prior to that, she was an attorney for Colorado Legal Services for 16 years, specializing in health and elder law. She is a graduate of the University of Denver College of Law. In November, 2011, Ms. Rabbitt was inducted into the Elder Rights Advocacy Hall of Fame at the National Association of Legal Services Conference in Boston.

4TH ANNUAL ELDER LAW RETREAT FACULTY BIOS continued

Jerome M. "Jay" Reinan, Esq., has a small practice with a primary concentration in nursing home and civil rights litigation. Jay started his legal life as an associate with a medical malpractice insurance defense firm. He became a partner in that firm in 1995, specializing in the representation of nursing homes and mental health professionals. By 1999, Jay was tired of representing malpractice defendants and their insurers, and with the help of John Holland and Kathleen Mullen, found his calling representing older and disabled clients. He now represents primarily nursing home residents and their families, as well as persons confined to public and private psychiatric institutions, in personal injury and civil rights claims. Christopher Scance is President and Chief Investment Officer of Golden Fiduciary Services (GFS). He has a degree in Finance from George Washington University, is a Certified Financial Planner (CFP) and a 25year veteran of the financial services industry. He is well versed in such areas as Life Planning for Persons with Disabilities, public benefits and other disability-related resources, tax planning, estate planning, risk management, as well as trust law. Under Chris direction, it is standard operating procedure for GFS to review trust documents with an eye to the ease or difficulty of future administration. 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 coauthor of a conference paper on guardianship fees. Richard F. Spiegle, Psy. D., is a forensic and clinical psychologist, licensed in the State of Colorado with over twenty-five years of experience. He received his Doctor of Psychology degree from the University of Denver in 1979. He is a Board-certified Diplomate in Forensic Psychology, and a longstanding member of both the American Psychological Association and the Colorado Psychological Association. He is a frequent speaker at professional meetings and continuing legal educational seminars on various topics related to psychological and forensic issues. He continues his affiliation with his alma mater as a Clinical Associate Professor and has provided ongoing clinical supervision to graduate students for many years.

Karen S. Steinhauser, Esq., the Law Office of Karen Steinhauser LLC, is an attorney practicing in the areas of criminal and civil litigation, as well as family law, specializing in high conflict cases involving sexual abuse allegations and domestic violence. Prior to entering private practice, Karen served the Denver District Attorneys Office as Deputy and Chief Deputy District Attorney from 1981-2001. In her tenure as a prosecutor, Karen tried over 250 cases both to juries and the Court. Karens experience with child abuse cases in the District Attorneys Office and private practice gives her a unique understanding of sexual abuse and domestic violence issues. During her tenure with the District Attorneys Office, Karen also established the Domestic Violence Unit the first of its kind in the State of Colorado and as Chief of this unit, Karen supervised and trained over 50 lawyers. Because of her expertise, Karen is frequently called upon by local and national media for high-profile criminal cases involving sexual abuse and domestic violence. Most noteworthy, as a Legal Analyst for CBS, Karen provided commentary during the Kobe Bryant case. More generally, Karen is a recognized leader in trial advocacy. She has served as an adjunct professor at the University of Denver Sturm College of Law since 1990 and faculty member for the National Institute for Trial Advocacy since 1992. Peter Wall is a Vice President and Trust Officer for Colorado State Bank and Trust. Now in his 13th year of trust administration, Peter specializes in estate planning and trust facilitation, and acts as a personal consultant, advisor and liaison for affluent individuals and families. Peter focuses his efforts in the Elder Law arena and is known for his Special Needs Trust administration and planning capabilities throughout the Front Range. A Bachelor of Arts graduate of the University of Northern Colorado, Mr. Wall is a member of the Southeast Denver Estate Planning Council, the Centennial Estate Planning Council, an ex officio Private Services Committee Member of the Colorado Fund for People with Disabilities, and a Patron of the Bar. He is a frequent presenter on the topics of Special Needs Trusts, estate planning, taxation, and trust administration for numerous professional and community groups. Peter has recently done Special Needs Trust seminars and presentations to the Colorado Bar Association Young Lawyers Division and as part of Eric Solems and Susie Germanys Trust School series. Dennis N. Whitmer, Esq., is a Special Counsel with the firm of Hamilton, Faatz and Waller, PC. His practice concentrates on representing fiduciaries and he has recently served as an expert witness in a number of cases involving complex fiduciary administration issues. He is a retired corporate trust officer with over 31 years of experience. He was most recently with Colorado State Bank and Trust N.A. from 1987 through 2011. He is a member of the CBA and is a past Chair of the Trust and Estate Section. He has served as the Chair of the Statutory Revision Committee and as a member of the Orange Book Committee (Colorado Continuing Legal Education - Estate Planning Forms). He has also recently served as the Chair of the Statutory Revision Sub-Committee which reviewed the Uniform Estate Tax Apportionment Act, which was adopted in Colorado in 2011. He has made numerous presentations for CBA Continuing Legal Education. He received his J. D. from Kansas University in 1979 and an M. S. from Kansas State University in 1972. He is also been admitted to the Kansas and Minnesota Bar.

ELDER LAW PRE-CONFERENCE WORKSHOP AND THE 4TH ANNUAL ELDER LAW RETREAT - REGISTRATION FORM
STEP 1: PRE-CONFERENCE WORKSHOP - THURSDAY, AUGUST 23, 2012
Participation in the Pre-Conference workshop on August 23rd requires an additional fee. If you wish to participate in the pre-conference workshop, you must include this option on the Retreat registration form. ATTENDANCE IS LIMITED.

STEP 6: GUEST ORDER FORM Guest Reception: The reception is compliments of the conference and we invite guests to join us! Please tell us how many guests will be joining us at the: J Friday Wine Tasting No. of Guests (required): ____ Guest Breakfasts: You may purchase a Guest Pass, which will allow your guest(s) to join us for continental breakfasts on Friday and Saturday.

J YES, I will be attending the Workshop

Pre-Conference Workshop Tuition: J Non-Member:................................$139 JCBA Elder Law Section Member:....$100

J NO, I will not be attending the Workshop JCBA Member: ................................$129 JCLE Elite Season Pass Holder: ....$50

PRE-CONFERENCE WORKSHOP SUBTOTAL $ STEP 2: ELDER LAW RETREAT - AUGUST 24-25, 2012
Retreat tuition includes digital course materials*, admission to the entire Retreat and admission to the Reception on Friday, August 24th. *Course materials are mailed to attendees approximately 1-2 weeks before the Retreat begins, providing you with an opportunity to review the materials and actively join in your breakout session discussions as facilitated by each presenter.

J Retreat Guest Breakfast Pass: ..................................$50 per guest

No. of Guests (required): ____ Please provide the names of your guest(s) for name badge(s) (required): _____________________________________________________ _____________________________________________________
Guest passes will be available for pick-up at the Retreat Registration Desk

GUEST ORDER FORM SUBTOTAL $ STEP 7: TOTAL AMOUNT ENCLOSED

Please enter all the subtotals from Step 1, 2, 4, and 6, and total.

HINT: Print just the materials for the sessions you plan to attend, and bring them with you to the Retreat! Or, bring your laptop and the flash drive to your session and view the materials electronically!

J J J J J J

Elder Law Retreat Program Tuition: (EL082413L) Non-member .................................................................................................................... $399 CBA Member .................................................................................................................... $359 CBA Elder Law/ Trust & Estate Law Section Member .................................................... $339 New Attorneys (in practice 3 years or less):.................................................................... $199 Government, 501(c)(3) organizations, full-time judges: ................................................ $199 CLE Elite Season Pass Holder: .............................................................................. $179 ELDER LAW RETREAT SUBTOTAL $ STEP 3: BREAKOUT SESSION TOPIC SELECTION

STEP 1: PRE-CONFERENCE WORKSHOP SUBTOTAL $ STEP 2: ELDER LAW RETREAT SUBTOTAL $ STEP 4: COURSE MATERIALS SUBTOTAL $ STEP 6: GUEST ORDER FORM SUBTOTAL $

TOTAL AMOUNT ENCLOSED $

J3 J3 J7 J7 J4 J4 J8 J8
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

Please indicate breakout choices (1 for each time slot)

Friday, August 24

J J Saturday, August 25 SESSION C - 9:15 - 10:30 am: J SESSION D - 10:45 - 12:00 pm: J

SESSION A - 9:15 - 10:30 am: SESSION B - 10:45 - 12:00 pm:

1 1 5 5

J J J J

2 2 6 6

Breakouts are filled on a first-come, first-served basis and are limited to 30 participants per session. If a session* is full, the registrant will be placed in a pre-selected alternate topic. If no alternate topic is selected, one will be assigned.

PLEASE PROVIDE 2 ALTERNATE TOPICS Please indicate alternate topic choices (1 per day) Friday, August 24: J 1 J 2 J3 J4 Saturday, August 25: J 5 J 6 J7 J8 STEP 4: COURSE MATERIALS Select the format for your course materials: JMaterials on FLASH DRIVE - included with Retreat tuition ...................................................... $0 JPlease upgrade me to PAPER MATERIALS for an additional $20.................................. $20 COURSE MATERIALS SUBTOTAL $ STEP 5: SOCIAL ACTIVITIES - FRIDAY, AUGUST 24, 2012 Optional Lunch: Trends in Probate Policies and Programs from the Colorado Judicial Branch
Space is limited - attendees can order lunch off the menu at their own cost.

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

JYES, I will attend the optional lunch

JNO, I will not attend the optional lunch

Wine Tasting Reception: Visit with colleagues in an informal setting. JYES, I will attend the reception JNO, I will not attend the reception
CANCELLATIONS: If you are unable to attend, please notify CBA-CLE by AUGUST 15, 2012 and we will gladly refund your tuition in full. Cancellations after AUGUST 15 will be refunded less a $100 cancellation fee, or you may send someone in your place. Your substitute must attend the same breakout sessions that you pre-selected.

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

Credit Card # ______________________________________________________ Exp. Date__________________________________________________________________ Signature ____________________________________________ ____________________________________________
Required for credit card orders

CLE USE ONLY - Check #:________________

Approval #:_________________

Elder Law Retreat Pre-Conference Workshop August 23, 2012

AND

Nonprofit Org. U.S. Postage Paid Permit No. 1638

ELDER LAW RETREAT

August 24-25, 2012

4TH ANNUAL

1900 Grant Street, Suite 300, Denver, Colorado 80203-4303

Denver, CO

IN VAIL, COLORADO

LIVE AT THE VAIL MARRIOTT MOUNTAIN RESORT!

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 Pre-Conference Workshop - August 23, 2012

AND

August 24-25, 2012 IN VAIL, COLORADO

ELDER LAW RETREAT

4 ANNUAL
TH

PLEASE JOIN US FOR THIS INTERACTIVE, ADVANCED-LEVEL RETREAT - LIVE IN VAIL COLORADO!
FOR MORE INFORMATION GO TO www.elderlawretreat.com