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Co-sponsored by the WSBA Elder Law Section.

Master's Level Elder Law CLE

4.25 Law and Legal and 2.5 Other CLE Credits | WSBA Activity ID#1024629

This program was co-sponsored by the WSBA Elder Law Section and the Seattle University School of Law; and Chaired by Richard Sayre and Carla Calogero. In developing this program the seminar team: reviewed past programs; identified emerging trends of important topics; received input from top Elder Law attorneys in the state; and held a focus group committed to ensure content matched the needs of practitioners.

Overview

Recorded:  11/18/2016
Credits:  4.25 Law and Legal and 2.5 Other CLE | WSBA Activity ID#1024629
Length: 6 hours, 57 minutes

Featured Speakers:
Richard Sayre, Carla Calogero, Ken Brown, Robert Fleming, Mark Sideman, Trudy James, Elizbeth Vig, Lisa Stewart, Lori Rolley, William Reeves

Featuring: Ken Brown, Director of the Special Needs Trust division of the Social Security Administration; Robert Fleming, Fleming and Curti, PLC, nationally recognized expert in areas of tax law related to funding of intervivos and testamentary SNTs with qualified funds and related topics; Lori Rolley, DSHS long term care, home and community services, and Williams Reeves, DSHS, HCP.

  • Lori and Will are the "drivers" of new DSHS programs and policies and address the roll-out of these new programs;
  • Mark Sideman, trauma therapist and CLE Director discusses the complexities of trauma from the standpoint of the client and the provider;
  • Carla Calogero facilitates an End-of-Life panel - a segment that will discuss complex end of life issues include voluntary withdrawal of nutrition, featuring Trudy James, Elizabeth Vig, and Lisa Steward;
  • Robert Fleming discusses ABLE Accounts.

Agenda

8-8:30 a.m.

Registration and Continental Breakfast

8:30-9:30 a.m.

The Social Security Administration Office of SSI and Program Integrity Policy

Presenter: Ken Brown, SSA's Office of SSI and Program Integrity Policy

A speaker not to miss. Mr. Brown sets policy on SSI interpretation of exempt SNT's. He is the person who sets policy and reconciles differences between Regions and reviews your appeals. He will discuss current status within SSA and how you get to decision makers directly. If you want to speak to the source of the rules, this is that person.

9:30-10:30 a.m.

Funding Intervivos and Testementary Special Needs Accumulation Trust with Qualified Funds

Presenter: Robert Fleming, Fleming and Curti PLC

Robert will present on funding and management of testamentary and intervivos SNT's with qualified funds. Robert hails from Arizona, and is a well known and entertaining speaker with concentrated information and language you can use. Another do not miss presentation.

10:30-10:45 a.m.

Break

10:45 a.m.-12:00 noon

Working with Trauma Engaged Clients

Presenter: Mark Sideman, Trauma Therapist, Director, Continuing Legal Education, Seattle University School of Law

Provide a framework for understanding and engaging Trauma impacted clients. The session will discuss ranges of impact for trauma engaged clients and on those who work with them; the difference between traumatic and traumatized; the trauma continuum; and strategies for engagement.

12:00-1:00 p.m.

Lunch (included in program)

1:00-2:39 p.m.

 Long Term Care

Presenter: Lori Rolley, DSHS Long Term Care, Home and Community Services; William Reeves, DSHS, HCP

Lori and Will are the ‘drivers' of new DSHS programs and policies. DSHS will be rolling out a new (yes, another new) program for health care, which will be discussed. They have promised to break out all the programs and discuss entry points and qualification differences.

2:30-2:45 p.m.

Break

2:45-4:00 p.m.

"End of Life on One's Own Terms": An In-depth Panel Discussion

Moderator: Carla Calogero, Reed Longyear Malnati & Ahrens, PLLC
Panelists: Trudy James, MRE, Inter-Faith Chaplain; Elizabeth K. Vig, M.D., M.P.H., Associate Professor U.W. Medicine, Division of Gerontology; Lisa J. Stewart, MSW, Evergreen Hospice.

 This panel discussion will include: How Palliative care and hospice are distinct and complementary; Dementia and end-of-life decision making along with treatment options and advance care planning; death with dignity.

4:00-4:45 p.m.

ABLE accounts and how they will change your practice

Presenter: Robert Fleming, Fleming and Curti PLC

The tax code allows for tax "breaks" for 529 plans and 529A (ABLE) plans. This session will explain the Tax Code provisions for both plans, how the plans are administered and how the IRS treats deposits into and distributions from these plans, as well as new planning opportunities made available in connection with special needs trusts.

4:45 p.m.

Evaluations and Adjourn

Presenters

Program Chairs

Richard L. Sayre

Richard L. Sayre is a principal in the law firm of Sayre Sayre & Fossum, P.S., Spokane, Washington. Mr. Sayre received his undergraduate degree from the University of Washington in 1976, and his JD (Juris Doctorate) from Gonzaga University School of Law in 1979. He serves on the Spokane County Superior Court Guardianship Committee, is a member of the Executive Committee of the Washington State Bar Association Elder Law Section, and is a member of the Washington State Bar Association, the Spokane County Bar Association, the National Academy of Elder Law Attorneys, where he served as 1995-1996 Washington State Chapter President, the Special Needs Alliance, an invitation only association of experienced special needs trust counsel who focus on special needs issues and trusts, and the Spokane Estate Planning Council. He is a former member of the Washington State Medical Associations' POLST Task Force. He previously served as Chair and later as Co-Chair of the Washington State Bar Association's Continuing Legal Education Committee, and served from 1998 through September of 2004 on the Washington State Professional Guardian Certification Board, a position appointed by the Supreme Court of Washington. He is also an Adjunct Professor of Law at Gonzaga University School of Law in Spokane, Washington, and has participated in the Gonzaga in Florence program, teaching International Comparative Elder Law. His practice emphasizes estate and disability planning and estate tax issues, governmental benefits law for disabled individuals, special needs trusts and Elder Law. He has been certified as an Elder Law Attorney by the National Elder Law Foundation, and has been designated a "Super Lawyer" by the publication Washington Law and Politics from 2000 through 2016, based upon a peer rating survey which selected less than five percent of Washington lawyers for this distinction, and was selected 2005 Member of the Year by the Washington Chapter of the National Academy of Elder Law Attorneys. He has been repeatedly named as one of the Best Lawyers in Spokane by Spokane Magazine. He is a frequent speaker on Elder Law and estate planning and taxation issues throughout the State of Washington. Mr. Sayre is a recipient of the Distinguished Alumni Merit Award given by Gonzaga University, Spokane, Washington, in October, 2012

Richard Sayre is a Certified Elder Law Attorney, a certification given by the National Elder Law Foundation, an ABA approved certification program. The Supreme Court of Washington does not recognize specialties, and certification is not required to practice law in Washington

Carla Calogero

Carla Calogero is an attorney at Reed, Longyear, Malnati & Ahrens, PLLC in Seattle. Ms. Calogero's practice is limited to the representation of persons involved in guardianships, vulnerable adult protective actions, probates, and trusts, and to advance care, end of life, and estate planning. In addition, Ms. Calogero is regularly appointed by the King County Superior Court as Guardian ad Litem or Special Representative for incapacitated persons in guardianship, trust, probate and litigation matters. She the immediate past Chair of the Elder Law Section of the Washington State Bar Association and a past Chair of the King County Bar Association Guardianship and Elder Law Section. Ms. Calogero received her J.D. from Seattle University School of Law, as well as an M.A. in Bioethics from the University of Washington, and an M.A. in Education from Western Washington University.

Faculty

Kenneth Brown

Kenneth Brown is a Team Leader with the Social Security Administration, Office of Intergovernmental and External Affairs.

Robert Fleming

Robert Fleming in an attorney with the firm of Fleming & Curti, P.L.C., a firm devoted solely to the practice of elder law, including guardianship and conservatorship, long-term care planning, estate planning, and probate. Fleming has been certified as a Specialist in Estate and Trust Law and he is a Certified Elder Law Attorney by the National Elder Law Foundation. Additionally, Fleming was one of the litigants in the Arizona Supreme Court case of Rasmussen v. Fleming, which established the right of incompetent patients (through their guardians) to refuse life-sustaining treatment when there is little prospect of recovery.

Fleming authored the Elder Law Answer Book. Additionally, Fleming is a member of the Special Needs Alliance and the Elder Law Alliance. He is also a fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys.

Trudy James

Trudy James is a seminary graduate and retired interfaith hospital chaplain. She learned hands-on lessons about death, dying and grief in the early days of the AIDS epidemic in the South, and her ground-breaking work with AIDS was honored at the Clinton White House. Later, she created an AIDS Care Team program in Seattle and served as a chaplain at the Seattle Cancer Care Alliance. After retiring, she spent four years pioneering community-based end of life planning workshops and two years producing a 30 minute film called Speaking of Dying that reflects the heart of those groups. The film is useful for individuals, groups and families who want to become more comfortable discussing good endings. She has also trained ten Heartwork facilitators who conduct end-of-life planning workshops throughout the Puget Sound area. Learn more at www.speakingofdying.com.

Lori Rolley

Lori Rolley is the Financial Policy Analyst for the Washington State Department of Social and Health Services (DSHS), Aging and Long Term Support Administration (ALTSA). She grew up in Port Angeles and was inspired to work with the elderly and disabled by her mother, an RN who was the Director for Volunteer Hospice of Clallam County. She started working for DSHS in Spokane as a college intern in 1977. In 1980 Lori started working primarily with the Institutional and SSI related programs at Medical Assistance Administration (now called Health Care Authority) and Home and Community Services in Olympia. She is the program lead for Chapter 182-513 WAC (Institutional), Chapter 182-515 WAC (Home and Community Based Waiver), Chapter 182-516 WAC (Trusts, Annuities and Life Estates).

William Reeves

Will Reeves is a Financial Policy Analyst for the Washington State Department of Social and Health Services (DSHS), Aging and Long-Term Support Administration (ALTSA). Will is charged primarily with financial eligibility and policy training for the state's workers who determine eligibility for services through Medicaid or state-funded programs, but also tackles a range of policy issues regarding Medicaid financial eligibility.

Will grew up in Seattle and began his training career serving eight years in the Navy's submarine service. After the military, Will completed his masters and law degree at Seattle University. He then soon joined Home & Community Services (HCS) division within ALTSA at the Seattle office in 2012. With HCS, Will has been a financial eligibility worker and financial lead worker, and has been at ALTSA headquarters since 2014. Will enjoys listening to all kinds of music through an ever-expanding collection of headphones, running, bicycling, and winetasting across Washington State.

Mark Sideman

Mark Sideman has a long history of working within the field of trauma intervention. Most recently he completed the 3 year training program initiated by Peter Levine and his Somatic Experience Institute on therapeutic interventions for trauma. Mark has received training from Kathy Kain on the impact of early childhood trauma and its effects later in life. He spent 15 years with the Division of Children and Family services working extensively with families and then training the professionals who worked with the Department's clients. Mark has worked with street youth and runaways as well as being a therapist in an intensive day treatment for sexually and emotionally abused pre-school children. Mark's background also includes being an autism special education teacher. Recently Mark has performed Trauma workshops for the Federal Office On Civil Rights; Dispute Resolution Center of King County; and the Washington Home Care Association's statewide conference. Diversity is an important area of engagement for Mark. He has served for a number of years as a member of the Seattle Race Conference Planning Committee; serves currently as part of the team for the Young Men and Women of Color Youth Summits with Highline Community College; and recently served on the Diversity Committee for the Snohomish Council on Aging. Mark has been certified as a Counselor in Washington since 1989. Mark is an expert in adult education and currently serves as the Director of Continuing Legal Education for the Seattle University School of Law.

Lisa Stewart

Lisa Stewart is a Hospice and Palliative Care Manager at EvergreenHealth, serving King and Snohomish counties. She is a licensed social worker with over 25 years of experience working in human services and health care management with a focus on the areas of trauma, forgiveness and resilience. She currently leads the NHPCO We Honor Veterans initiative at EvergreenHealth working to best serve and honor veterans receiving hospice care at end of life.

Elizabeth Vig

Elizabeth (Lisa) Vig is an Associate Professor of Medicine in the Division of Gerontology and Geriatric Medicine at the UW. She is board certified in geriatric medicine and in palliative medicine, and does clinical work at the VA Puget Sound Health Care System. She also is the Chair of the VA hospital's ethics committee. In addition, she does research in end of life decision-making.

Pricing

General Registration: $250

SU Law Alumni: $220


Cancellation Policy: The last day to cancel your registration for this program is 5:00 pm, one week prior to the program date. A $15 administrative fee is charged for cancellations. Within one week of the program date, cancellations will not be refunded. However, substitute attendees are welcome. Please inform us of substitutions at cle@seattleu.edu or (206) 398-4281