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Video DVD + Course Book

Elder Law: Start to Finish

Video DVD + Course Book

Copyright Date:

October, 2016

Product ID#:

73549DVDCDR


Video + Course Book

Credit Information

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From Event: Elder Law: Start to Finish, held October 2016.

Program Description

Effectively representing aging clients requires a special set of legal and financial skills. Even a short time of assisted care, let alone long-term residential care, can wipe out a family's retirement savings. This engaging legal guide will help you advise clients in evaluating various LTC funding options and help you navigate Medicaid eligibility planning. Help your clients make the tough health decisions and select the proxies that will fulfill their wishes to the letter. Hone your elder law expertise - order today!

Course Content

  1. Health Care Decisions and Advanced Medical Directives
  2. Funding Sources for Long-Term Care
  3. Medicaid Eligibility: General Rules
  4. Medicaid Qualifying Asset Transfers
  5. Caregiver Agreements and Home Care Planning
  6. Proxies: Powers of Attorney and Guardianships
  7. Potential Problems in Plan Implementation
  8. Legal Ethics in the Elder Law Practice

Continuing Education Credit


Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 6.00AK*10/18/2018
CLE 6.00AZ*10/18/2018
CLE 6.00CA*10/18/2018
CLE 7.00CO*10/18/2018
CLE 6.00CT*10/18/2018
CLE 6.00GA*10/18/2017
CLE 6.00HI*10/18/2018
CLE 6.00ID*10/18/2018
CLE 6.00IL*10/17/2018
CLE 5.00KS*10/17/2017
CLE 6.00KY*06/30/2017
CLE 6.00ME*10/18/2018
CLE 6.00MN*06/29/2018
CLE 6.00MO10/18/2018
CLE 6.00MP*10/18/2018
CLE 6.00MT*10/18/2018
CLE 6.00NC*12/31/2017
CLE 6.00ND*10/18/2018
CLE 6.00NE*10/18/2017
CLE 6.00NH*10/18/2019
CLE 6.00NM*10/18/2018
CLE 6.00NV*10/18/2019
CLE 7.00NY*10/18/2018
CLE 7.00OK*10/18/2018
CLE 6.50OR10/18/2019
CLE 6.00PA*10/18/2017
CLE 6.00VT*10/18/2018
CLEWA
CLE 7.20WV*10/18/2018
CLE 6.00WY*10/18/2019

* denotes specialty credits

Agenda / Content Covered

All times are shown in Eastern time

  1. HEALTH CARE DECISIONS AND ADVANCE MEDICAL DIRECTIVES
    10:00 - 10:30, KC Knox
    1. Advance Directives
    2. End of Life Decisions
    3. Organ Donation and Treatment of the Remains
  2. FUNDING SOURCES FOR LONG-TERM CARE
    10:30 - 11:15, Susie McGregor-Huyer R.N., M.S.N.
    1. Private Pay/Self-Funding
    2. Long-Term Care Insurance: What Can be Covered
    3. Very Narrow Use of Medicare and ACA's "Nursing Home Compare" Initiative
    4. Reverse Mortgages: The Myths and Truth
    5. Planning in Advance for Unexpected Long-Term Care
  3. MEDICAID ELIGIBILITY: GENERAL RULES
    11:30 - 12:15, Thomas J. Murphy
    1. Does Your Client Need Medicaid?
    2. Out-of-State Coverage
    3. Basic Medicaid Eligibility Criteria
    4. Exempt vs. Countable Assets
    5. Estate Recovery and Undue Hardship Waivers
    6. Methods of Calculation and Allocation of Income and Resources
  4. MEDICAID QUALIFYING ASSET TRANSFERS
    12:15 - 1:00, Thomas J. Murphy
    1. DRA and Look-Back Period
    2. Calculating the Penalty Period
    3. Specifically Exempt Transfers
    4. Purchasing "Excluded" Types of Assets
    5. Treatment of IRAs and Retirement Accounts
    6. Planning with Promissory Notes and Annuities
    7. The Reverse Half-Loaf Income Technique
    8. What Counts as "Income-Producing Property"
    9. Joint Tenancy and Life Estates
    10. Irrevocable Trusts
    11. Liens and Estate Recovery Considerations
    12. Unique Planning Challenges for Single Clients
  5. CAREGIVER AGREEMENTS AND HOME CARE PLANNING
    1:30 - 2:15, Thomas J. Murphy
    1. Drafting Caregiver Agreements
    2. Resolving Specific Issues
      1. Housing and Living Arrangements
      2. Who the Caregivers Should be and Caregiver Duties
      3. Personal Care, Social Needs, Transportation
      4. Nutrition
      5. Medical Care and Medical Decision Making
      6. Financial Management
    3. The Role of Family Members
    4. Squelching Conflict: When is Elder Care Mediation Appropriate?
  6. PROXIES: POWERS OF ATTORNEY AND GUARDIANSHIPS
    2:15 - 3:00, Vanessa M. Terzian
    1. Gift Giving Power
    2. Statutory Requirements and Drafting Tips
    3. Powers that Must be Expressly Stated to be Upheld
    4. Satisfying Institutions/Government Entities
    5. Suits to Modify POAs
    6. Guardianships/Conservatorships
  7. POTENTIAL PROBLEMS IN PLAN IMPLEMENTATION
    3:15 - 4:00, KC Knox
    1. Fiduciary/Proxy Complications
    2. Avoiding Problem Transferees
    3. Litigation Issues
  8. LEGAL ETHICS IN THE ELDER LAW PRACTICE
    4:00 - 5:00, Vanessa M. Terzian
    1. Client Identification
    2. Conflicts of Interest: Representing Husband and Wife
    3. Confidentiality: Dealing with Clients' Family Members
    4. Attorneys Acting as Guardians
    5. Why Medicaid Planning is Ethical
    6. Preventing Malpractice in Simple Everyday Steps
    7. Reporting Elder Abuse

KC KNOX is an associate with Anker Hymes & Schreiber, LLP, where she is in charge of probate and trust administrations, and litigations. Her areas of practice include probate administration, probate litigation, estate planning, trust administration, trust litigation, and asset protection. Ms. Knox is an adjunct professor at Abraham Lincoln University School of Law, teaching wills, trusts and estates, as well as introduction to the paralegal profession. She is a member of the San Fernando Valley, Los Angeles County, California, and American bar associations, as well as the Los Angeles County Litigation Inn of Court. Ms. Knox earned her B.A. degree from the University of California, Santa Barbara, and her J.D. degree from the University of San Diego School of Law. She is admitted to practice in California.

SUSIE McGREGOR-HUYER, R.N., M.S.N. has been involved in healthcare since 1990, first as a paramedic, then as a nurse. Although her initial work roles included emergency nursing and ICU, in 2003, she began hospice work, where she eventually moved into leadership roles, including administration and consulting. Ms. McGregor-Huyer now provides life care planning, legal nurse consulting services and nursing education consulting services in Minneapolis/St. Paul and across the country. Ms. McGregor-Huyer's legal nurse consulting practice specializes in products liability, personal injury, medical malpractice and nursing home negligence cases, where she provides attorneys and their teams with analysis on the medical issues of their cases. She has held certifications as a legal nurse consultant, and hospice and palliative care nurse. Ms. McGregor-Huyer is currently eligible for certifications in forensic nursing, life care planning, risk management and Medicare set-asides. She earned both her B.S.N. and M.S.N. degrees, gaining significant experience in both outpatient and inpatient settings in a variety of roles.

THOMAS J. MURPHY is an attorney located in the Ahwatukee area of Phoenix. His practice emphasizes estate planning, elder law (including nursing home issues), all probate matters (including contested matters and guardianships), and tax controversies. Mr. Murphy has regularly appeared before the Arizona Court of Appeals, litigating many of the cutting-edge appellate cases in probate law and has successfully litigated cases in the U.S. Tax Court, the Arizona Tax Court, and the Arizona Board of Tax Appeals. He has represented clients before all levels of the Internal Revenue Service and the Arizona Department of Revenue. Mr. Murphy is a member of the National Academy of Elder Law Attorneys, the State Bar of Arizona (Tax Law, Probate and Trust Law, Mental Health and Elder Law sections), and the Arizona Medicaid Planning Council. He has served on numerous state and county bar association committees, and was selected as the state bar representative to the Arizona Supreme Court's Committee on Reform of Lower Jurisdiction Courts. Mr. Murphy has testified as an expert witness in cases before the Maricopa County Probate Court regarding probate practices in Arizona. He serves on the advisory board of the Phoenix Tax Workshop and the editorial board of NAELA News. Mr. Murphy has been published in many national, state and local professional journals, writing on a wide variety of legal and tax matters. His articles on the impact of the new HIPAA regulations on health care powers of attorney and related documents have garnered him wide recognition as one of the nation's foremost authorities in this field, and he has been invited to speak before many organizations. Mr. Murphy graduated from Tufts University, with honors, and he earned his J.D. degree from Suffolk University Law School.

VANESSA M. TERZIAN is an attorney with Terzian Law Partners APC. Ms. Terzian has pursued her own practice, helping countless families through her expertise in estate and tax planning, asset protection, elder law, probate and trust administration. She also draws on her real estate and business background in crafting comprehensive plans for her clients. Ms. Terzian is a skilled public speaker, having conducted countless seminars throughout her legal career on various topics of estate planning, including special needs planning, Medi-Cal planning, advanced tax planning and asset protection for individuals and small businesses. She is a faculty member at the Institute for Preparing Heirs and an adjunct professor of wills and trusts at Southwestern Law School. She earned her bachelor's degree from the University of California San Diego, where she graduated magna cum laude and was a member of the Golden Key Honor Society and received Provosts Honors for four consecutive years. Ms. Terzian earned her law degree from Loyola Law School (Dean's Honors List). She was named a top attorney of 2014-2016 in Pasadena Magazine and a rising star by Super Lawyers.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com


Accreditation Details

Continuing Legal Education

AK CLE: 6.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.00
Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This self study program may qualify for up to 6.0 hours of self-study credit, which includes 5.0 hours of VCLE self-study credit under the voluntary CLE Rule of the Alaska Bar Association and 1.0 hours of MECLE ethics self-study under the mandatory ethics continuing legal education CLE Rule.


AZ CLE: 6.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.00
The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 6.0 hours toward your annual MCLE Interactive CLE requirement for the State of Arizona, including 1.0 hour of professional responsibility Interactive CLE credit.


CA CLE: 6.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 6.0 hours of self-study credit, of which 1.0 hour will apply to legal ethics self-study credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.


CO CLE: 7.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.20
This program may qualify for up to 7.0 hours of self-study general Colorado Continuing Legal Education Credit, including 1.2 ethics credit.


CT CLE: 6.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.00
Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 6.0 self-study hours toward your annual CLE requirement in Connecticut, including 1.0 self-study hour(s) of ethics/professionalism.


GA CLE: 6.00 Credit Approval Exp 10/18/2017 Including - Ethics: 1.00
This program is approved by the Georgia Commission on Continuing Lawyer Competency. This program may qualify for up to 6.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of distance learning ethical considerations.


HI CLE: 6.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.00
NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for up to 6.0 hours of credit for the state of Hawaii, which includes 1.0 hour of ethics or professional responsibility education.


ID CLE: 6.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.00
This program may qualify for up to 6.0 hours of self-study continuing legal education credit in the state of Idaho, which may include 1.0 ethics credit. Application for self-study approval must be submitted to the Idaho State Bar.


IL CLE: 6.00 Credit Approval Exp 10/17/2018 Including - Ethics: 1.00
This program has been approved by the Illinois MCLE Board for 6.0 hours of distance learning CLE credit, which includes approval for 1.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.


KS CLE: 5.00 Credit Approval Exp 10/17/2017 Including - Ethics: 1.00
Approved by the Kansas Continuing Legal Education Commission for 5.0 hours of nontraditional format continuing legal education credit, which includes 1.0 hour of ethics and professionalism credit. No more than 5.0 hours of nontraditional format CLE may be earned in one compliance period.


KY CLE: 6.00 Credit Approval Exp 06/30/2017 Including - Ethics: 1.00
This program has been approved as a technological CLE activity by the Kentucky Bar Association Continuing Legal Education Commission and may qualify for up to 6.0 credits, of which 1.0 hour relates to ethical considerations. No more than 6.0 hours of technological CLE credit may be earned during a reporting period.


ME CLE: 6.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.00
This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 6.0 hours of self-study CLE credit including 1.0 ethics hours under M. Bar R. 12. No more than 5.5 hours of self-study CLE credit may be earned during a reporting period.


MN CLE: 6.00 Credit Approval Exp 06/29/2018 Including - Ethics: 1.00
Approved for up to 6.0 hours of on-demand CLE credit, including 1.0 hour of ethics by the Minnesota Board of Continuing Legal Education. No more than 15.0 hours of on-demand CLE credit may be earned during a reporting period.


MO CLE: 6.00 Credit Approval Exp 10/18/2018
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 6.0 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.


MP CLE: 6.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.00
This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 6.0 hours of self-study CLE credit including 1.0 ethics hours.


MT CLE: 6.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.00
This program may qualify for up to 6.0 hours of self-study CLE credit by the Montana Commission on Continuing Legal Education, including 1.0 hour of ethics. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period.


NC CLE: 6.00 Credit Approval Exp 12/31/2017 Including - Ethics: 1.00
NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program may qualify for up to 6.0 hours of online CLE credit, including 1.0 ethics. No more than 6.0 hours of online CLE credit may be earned during a reporting period.


ND CLE: 6.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.00
North Dakota attorneys completing this program may claim up to 6.0 North Dakota self-study CLE credit hours, including 1.0 hour of ethics credit, on the Report of Compliance. No more than 15.0 hours of self-study CLE credit may be earned during a reporting period.


NE CLE: 6.00 Credit Approval Exp 10/18/2017 Including - Ethics: 1.00
NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for up to 6.0 distance learning CLE credits, including 1.0 hour of professional responsibility credit. No more than 5.0 hours of distance learning CLE credit may be earned during a reporting period.


NH CLE: 6.00 Credit Approval Exp 10/18/2019 Including - Ethics: 1.00
NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.


NM CLE: 6.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.00
This program has been approved by the New Mexico Minimum Continuing Legal Education Board. This program may qualify for up to 6.0 hour of self-study credit, including 1.0 hours of self-study ethics credit. No more than 4.0 hours of self-study CLE credit may be earned during a reporting period.


NV CLE: 6.00 Credit Approval Exp 10/18/2019 Including - Ethics: 1.00
This course has been approved by the Nevada Board of Continuing Legal Education. This program may qualify for up to 6.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 1.0 hour of alternative format ethical considerations.


NY CLE: 7.00 Credit Approval Exp 10/18/2018 Including - Areas of Professional Practice: 6.00, Ethics: 1.00
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to the Areas of Professional Practice requirement and is approved for newly admitted and experienced attorneys. 1.0 hour can be applied toward the ethics and professionalism requirement and is approved for experienced attorneys.


OK CLE: 7.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.00
This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program may qualify for up to 7.0 of Archived and/or Online OnDemand CLE credit hours, which includes 1.0 hour of legal ethics. No more than 6.0 hours of Archived and/or Online OnDemand CLE credit may be earned during a reporting period.


OR CLE: 6.50 Credit Approval Exp 10/18/2019
NBI, Inc. is an approved sponsor with the Oregon MCLE. This program is approved for 6.5 hours of general continuing legal education credit. Ethics is pending.


PA CLE: 6.00 Credit Approval Exp 10/18/2017 Including - Ethics: 1.00
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.


VT CLE: 6.00 Credit Approval Exp 10/18/2018 Including - Ethics: 1.00
This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program may qualify for up to 6.0 hours of self-study credit, including 1.0 hour of self-study ethics credit. No more than 10.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn professionalism credit with self-study.


WA CLE:
This content has been approved for Washington Continuing Legal Education credit. Credit hours will be awarded based on the actual run time.


WV CLE: 7.20 Credit Approval Exp 10/18/2018 Including - Ethics: 1.20
This program may qualify for up to 7.2 hours of self-study credit, which includes 1.2 hour of self-study ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of self-study CLE credit may be earned during a reporting period.


WY CLE: 6.00 Credit Approval Exp 10/18/2019 Including - Ethics: 1.00
The Wyoming State Board of Continuing Legal Education has granted up to 6.0 hours of Continuing Legal Education Credit, including 1.0 hour of ethics. No more than 5.0 hours of self-study credit may be earned during one calendar year.


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