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

LIVE ONLYIN VAIL,

COLORADO

5TH ANNUAL

ELDER LAW RETREATAUGUST 22-24, 2013

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.comSubmitted for 12 General CLE Credits, including 2 Ethics Credits

5TH ANNUAL

ELDER LAW RETREATLIVE ONLY: August 22-24, 2013AT THE VAIL MARRIOTT MOUNTAIN RESORT VAIL, CO

DAY 1 AGENDA THURSDAY AUGUST 22, 2013

1:00 PMWelcoming Remarks & Opening AnnouncementsExtended by Susie Germany, Esq., and Arlene Barringer, Esq.,Program Co-Chairs

1:05 - 1:55 PM Discovery, Case Management Orders, Pre-Hearing Issues inProtective ProceedingsThis panel discussion will review multiple aspects of ProtectiveProceedings including the proposed discovery rules currently in frontof the Colorado Supreme Court, as they pertain to all probateproceedings under Title 15 and how those rules will be applied inprotective proceedings. In addition, we will be discussing issuessurrounding Case Management Orders such as: when Rule 16 doesnot apply, how to avoid trial by ambush, working with opposingcounsel and pro se parties to avoid chaos, and when to seek courtassistance through case management conferences. We will alsoreview the steps involved during the pre-petition and pre-hearingprocess, including: case intake and assessment, engagement, requestsfor evaluations and records, the use of care managers, ProtectiveOrder 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 PMEmergencies 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 PMThe 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 TrialPresented by Bernard A. Poskus, Esq.

3:45 - 4:35 PMMechanisms to Compel Testimony about the Assets of aProtected Person or a Decedent: 723 HearingPresented by Catherine A. Seal, Esq.

Come for the Educational Line-up For four years, the Elder Law Retreat has been the annual event for elderlaw lawyers in Colorado. This year promises to deliver another cant-missagenda, with topics like:

Overview of the Affordable Care Act and Its Impact on Seniors and Persons with Disabilities

Technology Tips for Managing an Elder Law Practice: Case Management, Document Assembly and Hardware

Ethics for the Elder Law Attorney The Intersection of Mental Health and Guardianships Trust Modification, Reformation and Decanting State of the Law Regarding Mandatory Reporting of Witnessed

or Suspected Elder Abuse Advanced Medicaid Update Emergencies in Protective Proceedings Discovery, Case Management Orders, Pre-Hearing Issues in

Protective Proceedings The Taking, Defending and Use of Depositions Mechanisms to Compel Testimony about the Assets of a

Protected Person or a Decedent: 723 Hearing Rule of Professional Conduct 1.14 and the Diminished

Capacity Client The Effect of the Affordable Care Act on Special Needs Trusts

for Adults and Minors 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 thismountain playland, and Vail Marriott, with the luxury, charm and elegance ofa European Chateau, is the perfect place to enjoy everything Vail has to offer.

Come to be a Part of the Fastest-Growing ElderLaw 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 ClientPresented by Wayna M. Marshall, Esq., and Bernard A. Poskus, Esq.

5:15 - 6:45 PM Welcome Reception A Meet & Greet Opportunity Break the Icewith Colleagues and Sponsors

8:00 - 10:00 PM POKER NIGHT Join us for a night of poker! Play forfree (no buy-in). Please consider making a donation toour cause! Proceeds from donations will go toGuardianship Alliance of Colorado. Anyone can donate participating in poker is not required. Donations maybe mailed to Guardianship Alliance 801 YosemiteStreet, Denver, CO 80230. Just show up, support the brave ones whoparticipate in the game, and join in the fun!

DAY 2 AGENDA FRIDAY AUGUST 23, 2013

7:00 AMRegistration & Continental Breakfast

8:00 AMWelcome Remarks/Housekeeping Announcements

8:05 - 9:05 AMLIGHTNING ROUND HOT TOPICS (and drawings)

Evaluating a Case for Fiduciary/Financial MalfeasancePresented by the Honorable John Leopold, Neutral, JAMS

Coordinating Your Clients Multiple AdvisorsPresented by Nora Roth, Vice President & Trust Officer, Colorado State Bank and Trust

Care Advocacy: What Communities Dont Tell Your ClientsPresented by Pamela Wilson, Certified Senior Advisor, The Care Navigator

Medications: Their Unexpected Effects on the Elderly and Their AttorneysPresented 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 AMOverview of the Affordable Care Act and Its Impact on Seniors andPersons with Disabilities Presented by U.S. Congressman Ed Perlmutter

9:55 AMNETWORK WITH SPONSORS - ADJOURN TO BREAKOUT SESSIONS

10:10 - 11:10 AMBREAKOUT SESSION A* (Choose topic 1 or 2)

11:10 - 11:25 AMNETWORK WITH SPONSORS - ADJOURN TO BREAKOUT SESSIONS

11:25 AM - 12:25 PMBREAKOUT 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 ColoradoJudicial BranchPresented by the Honorable Judge Elizabeth LeithAt this session, participants will join the Honorable Judge Elizabeth D. Leith, ofthe Denver Probate Court, in the Vail Marriott Hotel restaurant for an optionallunch session. Seating is limited and participants must sign up in advance.

OPTIONAL BUFFET LUNCH SESSION - Participants may purchase the MarriottHotel Buffet Lunch and bill to your Marriott Hotel Room or pay with creditcard/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, MSCCThis years Retreat brings together some of the top elder law professionalsin the region. One of the greatest benefits the Retreat offers is a forum fordiscussion. Friday afternoon will be devoted to the Unprogram. Youllhave the opportunity to network and discuss in small groups additionaltopics chosen by the attendees. Possible topics include: So You Want ToTalk About Capacity?, Supreme Court Decisions on Medicaid Recovery;and The Probate Compensation Act at Age 2 Terrible Toddler?

5:30 - 7:00 PMAnnual Wine Tasting - Dont miss this opportunityto experience world-class wines and visit withcolleagues in an informal setting with tastyappetizers, and great conversation.

DAY 3 AGENDA SATURDAY AUGUST 24, 2013

7:15 AMContinental Breakfast

8:15 AMIntroductions

8:20 - 9:20 AM (1.2 Ethics Credits)Ethics for the Elder Law AttorneyPresented by Alexander R. Rothrock, Esq.

9:20 - 10:20 AMTechnology Tips for Managing an Elder Law Practice: CaseManagement, Document Assembly and HardwarePresented by Robert B. Fleming, Esq.

10:20 - 10:35 AMNETWORK WITH SPONSORS - ADJOURN TO BREAKOUT SESSIONS

10:35 - 11:50 AMBREAKOUT SESSION C* (Choose topic 5 or 6)

11:50 AMADJOURN WELL SEE YOU AT NEXT YEARS RETREAT!

*Select one please indicate your selection on the registration page

TOPIC #1:Advanced Medicaid Update

Advanced Medicaid Update will cover the updated Medicaid figuresfor 2013, Medicaid treatment of annuities, including annuities for theCommunity Spouse, and the new Medicaid eligibility category underthe Affordable Care Act effective January 1, 2014.

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

TOPIC #2:State of the Law Regarding Mandatory Reporting ofWitnessed or Suspected Elder Abuse

This session will focus on the newly enacted Mandatory ReportingLaw in Colorado; how it affects your clients as well as your practice.Senate Bill 13-111, signed into law on May 16, 2013 brings Coloradointo the other 48 states which require mandatory reporting of ElderAbuse. This law now requires specified professionals and individualsto report to law enforcement instances of suspected abuse (physicaland sexual), caretaker neglect, and exploitation of at-risk elders (age70+). Additionally, this improves accountability and funding forinvestigations and protective services so that the right services willbe available at the right time to help ensure at-risk elders safety andwell-being. The new law also requires training, education andoutreach for county APS staff, law enforcement, mandatoryreporters, and the general public.

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

TOPIC #3:The Effect of the Affordable Care Act on Special NeedsTrusts for Adults and Minors

Mr. Solem will discuss the effects of the Affordable Care Act (ACA) onthe need to do or not do special needs trusts for clients participatingin health care exchanges, Expanded Medicaid and the ChildrensHealth Care Program which do not have asset tests. Examples ofwhen it may not be necessary or desirable to do trusts in suchinstances will be discussed as will clients who will not be affected bythe ACA. Alternative trust strategies will also be presented.

Presented by R. Eric Solem, Esq.

TOPIC #4:

The Intersection of Mental Health and GuardianshipsThis session will compare and contrast the statutory provisions ofmental health and guardianships for Elder Law attorneys. The facultywill discuss the initiation of the proceedings, burden of proof, specificprotections and the distinctions between the two proceedings.

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

TOPIC #5:Trust Modification, Reformation and Decanting

Trust Modification, Reformation and Decanting: Sometimes the termsof an existing trust are inadequate. Discretionary standards may needto be expanded, or limited. Trustee succession principles may needreview and revision. Trusts may outlive their usefulness, or mayunnecessarily complicate eligibility determinations or the welfare of thebeneficiaries. Circumstances change. Learn how the developing law oftrust reformation and modification might be used to your advantage,and whether you can consider decanting an existing trust into a wholenew (and presumably better) trust.

Presented by Robert B. Fleming, Esq.

TOPIC #6:Competent Senior or Incompetent Victim: UndueInfluence and the Eyes of the Beholder

Legal factors relevant to determination of undue influence, includingdistinguishing undue influence from mere influence, will be reviewedand will cover Colorado and other jurisdictions. Assessment ofpsychological factors inherent in legal considerations will be discussed.A broad framework for conceptualizing undue influence, comprised ofsenior vulnerability (cognitive, emotional, physical, and functional),suspect estate planning changes, and suspect behavior on the part ofthe accused will be presented and with examples. Determination ofundue influence is heavily fact (and perhaps trier of fact?) dependent,and scenarios will be offered with attendee contribution.

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

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.

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 (forElite 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.

Whats NEW at CBA-CLE?

Vail MarriottMountain Resort715 West Lionshead Circle Vail, Colorado 81657970-476-4444

Reservations or cancellations mustbe 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

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

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

Special Thanks to Our 2013 Elder LawInstitute Sponsors!confirmed to date:

PLATINUM Approval Reverse Mortgage JAMS

GOLD Colorado State Bank and Trust and

Colorado Fund for People with Disabilities

McIntosh & Associates Legal Nurse Consultants, LLC

Senior Helpers The Care Navigator

SILVER Douglas Dixon CPA LLC Dumb Friends League ElderCounsel Front Range Fiduciary Services, LLC Golden Fiduciary Services Guardianship Alliance of Colorado Krause Financial Services Seal Financial Sercives, Inc. The McTeam/Keller Williams

Realty DTC

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

HOTEL AND LODGING INFORMATION:

5TH ANNUAL ELDER LAW RETREAT FACULTY

5TH ANNUAL ELDER LAW RETREAT FACULTY BIOS

PROGRAM CO-CHAIRS: Arlene S. Barringer, Esq. Attorney At LawGlatstein & OBrien LLPDenver, CO

Susie Germany, Esq.The Germany Law Firm PCDenver, CO

PROGRAM FACULTY:David M. Bernhart, Jr., Esq.Office of the City Attorney Human Services SectionAdult Protection UnitDenver, CO

David Blake, Esq.Office of the Attorney GeneralDenver, CO

John J. Campbell, Esq., CELA, MSCCLaw Offices of John J. Campbell, PCDenver, CO

Marco D. Chayet, Esq.Chayet & Danzo LLCDenver, CO

Tammy D. Conover, Esq.Steenrod Schwartz & McMinimee LLPDenver, CO

Lisa R. DiPonio, Esq.DiPonio & DiPonio LLCLittleton, CO

Aaron L. Evans, Esq.Benson & Case LLPDenver, CO

Robert B. Fleming, Esq.Fleming & Curti, PCTucson, AZ

M. Carl Glatstein, Esq.Glatstein & OBrien LLPDenver, CO

Joan S. Heller, Esq.Jefferson County Attorneys OfficeGolden, CO

Honorable Magistrate Ruben M. HernandezDenver Probate CourtDenver, CO

Stuart L. Kutz, Jr., Ph.D, J.D Denver, CO

Christine J. Law, Esq.Christine J. Law,Attorney LLCDenver, CO

Honorable Elizabeth D. LeithPresiding JudgeDenver Probate CourtDenver, CO

Wayna M. Marshall, Esq.Gould Whitley & MarshallColorado Springs, CO

Marcie R. McMinimee, Esq.Steenrod Schwartz & McMinimee LLPDenver, CO

U. S. Congressman Ed PerlmutterSeventh District of Colorado

Bernard A. Poskus, Esq.Poskus Caton & Klein PCDenver, CO

Thomas A. Rodriguez, Esq.Vincent Romeo & Rodriguez LLCLouisville, CO

Alexander (Alec) R. Rothrock, Esq.Burns Figa & Will PCGreenwood Village, CO

Catherine A. Seal, Esq.Kirtland & Seal, LLCColorado Springs, CO

R. Eric Solem, Esq.Solem Mack & Steinhoff PCEnglewood, CO

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 trustadministration. Arlene received her B.A. degree from Texas A & MUniversity, and graduated Order of St. Ives from the University of DenverSturm College of Law in 1995. She is a member of the CBA Elder LawSection, CBA Trust and Estate Section; the National Academy of Elder LawAttorneys, Inc.; the Arapahoe County Bar Association; the Womens EstatePlanning Council (Chairperson of the Programs Committee); the EstatePlanning Counsel of Southeast Denver (Advisory Council Board member);and the Catholic Lawyers Guild of Colorado. Arlene has authored SpecialConsiderations in Personal Injury Settlements and Awards on Behalf ofthe Elderly and Disabled, Elder Law in Colorado, Continuing LegalEducation in Colorado, Inc. (4th ed. 2011). Arlene regularly gives

presentations in the areas of elder law and trust and estate planning. Inaddition, she is an active volunteer in schools and the community.

Susie Germany, Esq., is an attorney with The Germany Law Firm, P.C., andof Counsel to Solem Mack & Steinhoff, PC. Her practice focuses in the areasof probate, trust and estate administration, estate planning, elder law, andguardianships and conservatorships. She is a member of the Alaska BarAssociation and the Colorado Bar Association, and former co-chair of theElder Law Section of the Colorado Bar Association. She received herundergraduate degree at Pacific Lutheran University in Tacoma, Washingtonand her law degree at the University of Arkansas, Little Rock and theUniversity of Denver Sturm College of Law. While in Alaska, she served aslaw clerk to the District Court in Anchorage, and practiced in the areas ofdomestic, criminal and civil litigation. She is the Past President of the Boardof Directors for The Colorado Fund for People with Disabilities and serves onthe Board of Directors for Front Range Hospice, LLC.

FACULTY:David M. Bernhart, Jr., Esq., is an Assistant City Attorney with theDenver City Attorneys Office Human Services Legal Section, AdultProtection Unit. Mr. Bernhart graduated from Creighton University,Omaha, Nebraska, where he received his B.A. in Political Science in1982, and his Juris Doctor in 1987. Mr. Bernhart has been an attorneyin Colorado since May, 1990. Prior to joining the City Attorneys Office,he was in private practice as a sole practitioner and founding partner ofa law firm in the metropolitan area. His previous areas of law practiceencompassed 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 theHuman Services Section in February, 1998, and then transitioned to theAdult Protection Unit in February, 2001. He moved to the Mental HealthUnit in August, 2005, and also covered Adult Protection Unit duties fromMarch, 2006 to July, 2007. He then resumed his full-time responsibilitieswith the Adult Protection Unit in July, 2007. Mr. Bernhart is a memberof both the Colorado and Denver Bar Associations and frequentlyspeaks on County and State Adult Protection Laws and Process.

David Blake, Esq., is the Deputy Attorney General for Legal Policy andGovernment Affairs of the Colorado Office of the Attorney General andis responsible for working with state lawmakers and other state officialson issues of interest to the Office of the Attorney General. FormerlyBlake was the Assistant Solicitor General for the Colorado Departmentof Law. Prior to joining the Colorado Department of Law, Blake servedin a variety of roles with the U.S. Department of Justice between 1996and 2010. His assignments there ranged from working for the Office ofLegislative Affairs and in the National Security Division; serving as aSpecial Assistant U.S. Attorney in the District of Columbia; acting ascounsel to the Guantanamo Detainee Review Task; and working as atrial attorney in the Civil Division. Blake also served as an adjunctprofessor at the George Mason University School of Law. Blake is a2007 graduate of the George Mason University School of Law and a1996 graduate of the Virginia Polytechnic Institute and State University.

John J. Campbell, Esq., CELA, MSCC, the founder and principalattorney of the Law Offices of John J. Campbell, P.C., has practiced lawsince 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 LawFoundation, and is a Medicare Set-Aside Consultant Certified throughthe International Commission on Health Care Certification. (The State ofColorado does not certify attorneys as experts in any field.) Mr.Campbell is licensed to practice law in Colorado and is also licensed andon inactive status in Missouri. He is a member of the Colorado BarAssociation (Trust & Estate Section and Elder Law Section), theArapahoe County Bar Association, the Missouri Bar Association(inactive status), the National Academy of Elder Law Attorneys and theNational Alliance of Medicare Set-Aside Professionals. Mr. Campbell isa former Co-Chair of the Colorado Bar Association Elder Law Section; aFellow of the Colorado Bar Foundation; and serves on the Colorado BarAssociation Board of Governors and its Executive Committee. His areasof concentration include elder law; estate, disability and long term careplanning; probate; guardianship and conservatorship; Medicare,

Medicaid, Medicare Set-Aside Arrangements, and the preservation ofpublic benefits in catastrophic third party liability and workerscompensation settlements.

Marco D. Chayet, Esq., During law school, Mr. Chayet's grandmother,Letty Milstein, was the principal party in one of the most controversialand public elder law cases in the state of Colorado. The Estate ofMilstein v. Ayers, 955 P.2d 78 (Colo. App. 1998), is a landmark probatecase which upholds and protects the right to counsel and due processof incapacitated adults in Colorado and has been codified into theColorado Uniform Protective Proceedings Act (the guardianship andconservatorship laws). This experience was the impetus for Mr.Chayet's career long practice commitment to the field of elder law andprobate litigation. Mr. Chayet is the past Chairman of the Elder LawSection of the Colorado Bar Association and the current chair of theAmerican Bar Association Real Property, Trust and Estate sectionSurrogate Decision Making committee. Mr. Chayet is also a 2012Colorado Super Lawyer in Elder Law and a 2013 Top 100 ColoradoSuper Lawyer. A sampling of Mr. Chayet's broad experience in elder lawand complex probate litigation includes: Litigating contestedguardianship and conservatorship proceedings for adults and minors;Litigating will contests and fiduciary defense actions; Complex PublicBenefit Planning, Representation of guardians, conservators andfiduciaries; Trust administration and trust litigation and associatedestate planning and estate administration. Mr. Chayet's experience inthe area of elder law has also been demonstrated through his publicspeaking and publishing in the areas of elder law including his book:"How to Protect Your Family's Assets From Devastating Nursing HomeCosts-Colorado Edition" and the chapter on "Estate Planning for theChild with Special Needs" in the 4th edition of Elder Law in Colorado.Mr. Chayet is a member of the National Academy of Elder LawAttorneys where the Academy asked Mr. Chayet to serve on variouscommittees as well as serving as the President of the Colorado Chapterof NAELA. Mr. Chayet continues to be an active member of theColorado Bar Association where Colorado attorneys nominated Mr.Chayet to be a Fellow of the Colorado Bar Foundation. Mr. Chayet, bornand raised in Denver, Colorado, is continuing in the footsteps of hisfamily in assisting the philanthropic and civic community of Coloradoby serving on the board of many not-for-profit organizations includingthe InnovAge Total Community Options Foundation, GuardianshipAlliance of Colorado, Colorado Citizens for Accountability, Allied JewishApartments, Jewish Senior Recreation Network, the Foundation ForHope and the Life Source Services Hospice. Mr. Chayet received his JurisDoctor from the University of Colorado School of Law. Mr. Chayet'sundergraduate training was at the University of California at Berkeleyand at the University of Colorado at Boulder where he received hisBachelor of Arts.

Tammy D. Conover, Esq., is an attorney with the Denver law firmSteenrod, Schwartz & McMinimee, LLC. Her practice is limited toprobate litigation, including contested guardianship/conservatorshipproceedings and breach of fiduciary duty actions, estate and trustadministration, special needs planning and administration, andMedicaid qualification and planning. Ms. Conover is active in local and

5TH ANNUAL ELDER LAW RETREAT FACULTY BIOS

national associations, serving as Chair of the Executive Counsel for theElder Law Section of the Colorado Bar Association, is a member of theSteering Committee of the Guardianship/Conservatorship Section of theNational Academy of Elder Law Attorneys, and is the NAELA delegate tothe 3rd World Congress on Adult Guardianship. Ms. Conover was alsoappointed to represent the Colorado Bar Association in the Senate Bill78 Task Force on Elder Abuse where she assisted in draftingrecommendations to the Colorado Legislature in the areas ofmandatory reporting of elder abuse and other services that are neededto protect elder at-risk adults in our state. She is a frequent presenter inthe areas of guardianship and conservatorship, Medicaid, estateplanning and other elder law topics for numerous professional andcommunity organizations. Ms. Conover is the author of the chapterMedicaid: Recognizing the Potential Hazards in your Practice and theco-author of Estate Planning and Probate, both published in LawyersProfessional Liability in Colorado.

Lisa D. DiPonio, Esq., along with Frank DiPonio, Esq., is one of thefounding partners of the law firm, DiPonio & DiPonio, LLC, located inLittleton, Colorado. She graduated Cum Laude from Michigan StateUniversity College of Law (formerly the Detroit College of Law) in 1993.She interned for the Hon. Richard Suhrheinrich, Senior Federal SixthCircuit Court of Appeals Judge. While in Michigan, she concentrated onpsychiatric malpractice defense litigation at the largest metropolitanDetroit malpractice defense firm, Kitch, Drutchas, Wagner, Valitutti andSherbrook. She authored the legal brief defining a duty to warn formental health professionals in a decision by the Michigan SupremeCourt. She moved to Colorado in 1996, and was in-house corporatecounsel at Great-West Life & Annuity Insurance Company until 2002,when DiPonio & DiPonio, LLC was formed. She is a member of the ElderLaw Section of the Colorado Bar Association and her current practicefocuses on mental health (including Imposition of Legal Disability andInvoluntary Commitment matters) and elder law. She is admitted to theState 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 andprobate litigation, trusts and estates, estate planning, wills, elder law,guardianships, and conservatorships. Mr. Evans is a member of the Trustand Estate Section of the Colorado Bar Association (CBA), and theDenver Bar Association. Mr. Evans was the Chair of the Rules & FormsSubcommittee that drafted the current Discovery Rule underconsideration by the Colorado Supreme Court. He now serves as co-chair 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, andprobate. Mr. Fleming is a co-author (with Lisa Davis) of The Elder LawAnswer Book, and (with Prof. Kenney Hegland) of New Times, NewChallenges: Law and Advice for Savvy Seniors and Their Families. Mr.Fleming has been selected as a Fellow of both the American College ofTrust and Estate Counsel and the National Academy of Elder LawAttorneys. 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 apast President of the National Elder Law Foundation. Mr. Fleming iscertified as an Estate and Trust specialist by the State Bar of Arizona,and as a Certified Elder Law Attorney by the National Elder LawFoundation. At different times he was President of the Pima County BarAssociation and the Young Lawyers Section of the State Bar of Arizona(he no longer qualifies to be a member). Mr. Fleming is a foundingmember of the Special Needs Alliance (www.specialneedsalliance.com).Perhaps more importantly, he is a husband, father, grandfather, scubadiver, 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 asco-chair for the Colorado Bar Association (CBA) Joint Subcommittee onthe Uniform Guardianship and Protective Proceedings Act (19972000),and chairs the Civic and Community Affairs Committee, whichcoordinates Senior Law Day and CBA-CLEs Colorado Senior LawHandbook. He is also a member of the CBA Elder Law Section (co-chair19941996, council member) and the Trust and Estate Section. He is amember of the National Academy of Elder Law Attorneys, the AmericanCollege of Trust & Estate Counsel, the Denver Community BioethicsCommittee (chair 19992000), the Adams County Community AdultProtection Team, the Guardianship Alliance of Colorado, and theNational Guardianship Association. He is adjunct faculty at theUniversity of Denver Sturm College of Law, teaching elder law since2005. Mr. Glatstein co-authored Colorado Guardianship andConservatorship Law and Practice (Bradford Publishing 2006). Heauthored Highlights of Colorados New Guardianship andConservatorship Law, 30 Colo. Law. 5 (Jan. 2001) and revisesGuardianships in Krendl, Colorado Methods of Practice (West Group20032010). His materials have been used in training and resourcemanuals by state and county social services and law enforcementagencies, as well as numerous continuing legal education programs. Heis a frequent lecturer on elder law topics, including guardianships andconservatorships, Medicaid issues, and exploitation of the elderly.

Joan S. Heller, Esq., is an Assistant County Attorney in the JeffersonCounty Attorneys Office. Ms. Heller handles primarily dependency andneglect cases and mental health certifications, alcohol and drugcommitments and impositions of legal disability. She has been involvedin the training of Crisis Intervention officers in Jefferson County anddeveloping collaboration between mental health providers and lawenforcement. Ms. Heller was in private practice representingrespondents in mental health proceedings, respondents in dependencyand neglect cases, GAL for children and adults, and handling cases at alllevels of criminal defense. She also practiced criminal defense for theOffice of the Public Defender for many years.

Honorable Magistrate Ruben M. Hernandez presides overprotective proceedings at the Denver Probate Court. He previouslyserved as Magistrate in the 9th Judicial District where he wasresponsible for the Family Court docket. Magistrate Hernandezgraduated from the University of Denver School of Law in 1992. He alsoholds an Executive MBA from Daniels Business School at DU. Magistrate

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Hernandez is also a mediator and member of the panel of arbitratorswith 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 thenreceived a Ph.D. in clinical psychology, with a minor in statistics, fromPurdue University in 1979, following completion of an internship at theUniversity of Florida Medical Center. Before entering law school, Dr.Kutz practiced as a clinical psychologist for 17 years. In addition to hisprivate practice, he served on the State Board of Examiners ofPsychologists, worked in a state psychiatric hospital, and was nationallyrecognized for his legislative activity and advocacy for psychology. In hispractice, Dr. Kutz performed a wide range of civil and criminal forensicevaluations, including competency to stand trial and to enter a plea,competency to be executed, sanity, child custody, personal injurydamages, and Social Security disability examinations. Dr. Kutzgraduated from the University of Denver College of Law in 1998, andsubsequently served as a law clerk in the Denver District Court, CivilDivision, for one year. His law practice is limited to probate, primarilyprobate litigation. He represents respondents in guardianship,protective proceedings, and mental health cases, and fiduciaries andinterested persons on a variety of issues. He has served as a court-appointed guardian ad litem and mediator, in addition to his privatemediation practice. He continues to perform psychological evaluations,both court ordered and privately, and has been an expert witness onprobate matters such as the appropriateness of a guardianship orconservatorship, testamentary and other capacity, susceptibility toundue influence, and mental health certification.

Christine J. Law, Esq., has been a trial attorney since receiving her lawdegree from the University of Nebraska College of Law in 1978.Licensed in Nebraska and Colorado, she has been a partner in a lawfirm; bank in-house counsel supervising litigation; and senior trialcounsel responsible for discovery, document administration, and juryselection and instructions for commercial litigation in the bankruptcyand federal courts. After 20 years of trial work, she had the unusualopportunity to observe trial work from the perspective of the courtwhile serving as a judicial law clerk to bankruptcy and federal judges.Since 1998 Christine's elder dispute practice has concentrated upon theprotection and recovery of family or personal assets that have beentaken, or may have been threatened or manipulated, by others. Her trialpractice includes litigation of estate, probate and trust disputes,contested conservatorships and guardianships, representation offiduciaries, contested real estate transactions, and matters arising fromfinancial exploitation of elders. Christine is currently a member of theCBA Trust and Estate Section, Elder Law Section, Judiciary Section andLitigation Section. She presented Contested Litigation Basics for theElder Law Practitioner at the Third Annual Elder Law Retreat in August2011 and also presented Getting Started: Launching an Elder LawPractice at the Elder Law Basics CLE in July 2011 and in December2012. Christine is the author of Chapter 12: Common Law Marriage forthe Fourth Edition of Elder Law in Colorado.Christine previously servedas Chair of the CBA Judicial Liaison Section, now known as the JudiciarySection. As Chair of the Judicial Survey Subcommittee of that Section

she authored Results of the Colorado Bar Association 2005 JudicialSurvey, 34 Colo. Law. 21 (Dec. 2005). She is a fellow of the ColoradoBar Foundation. Christine serves as a Condemnation Commissioner forArapahoe County and has presided as Chair at several valuationhearings. Her community service includes serving as a member of theAurora Judicial Performance Commission from 2005 to 2011; Chair2007- 2009.

Honorable Elizabeth D. Leith presides over the Denver Probate Court.Judge Leith is also the Chair of the Probate Advisory Committee, acommittee established by Honorable Michael Bender, Chief Justice ofthe Colorado Supreme Court, to determine the most immediate needsof the judicial branch related to probate case management and aproposed plan for meeting those needs. The committee is comprised ofColorado judges, probate registrars, district court administrators andcourt clerks, who will help develop procedures and controls foradministering probate cases throughout the Colorado court system.Previously, Judge Leith presided as a Magistrate over post-decreedomestic relations matters in the Second Judicial District. Judge Leithhas also served as an Assistant City Attorney for the City and County ofDenver 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 Artsdegree from Metropolitan State College in 1982 and a Juris Doctor fromthe University of Denver, College of Law in 1988.

Marcie R. McMinimee, Esq., is a graduate of Chadron State Collegein Chadron, Nebraska and the University of Denver College of Law. Sheis a partner with Steenrod, Schwartz & McMinimee, LLP and has beenwith the firm since September 2003. Ms. McMinimee is a deputy publicadministrator for the City and County of Denver. Her practiceemphasizes estate administration, guardianships, conservatorships,probate litigation, and elder law. Ms. McMinimee is currently serving onthe executive counsel of the Trust and Estate Section and is a past co-chair of the Elder Law Section of the Colorado Bar Association. Prior tomoving to Colorado, Ms. McMinimee practiced law for 12 years inSalem, Oregon, where her practice emphasized estate administration;estate planning; creditor's rights; and elder law, includingguardianships, conservatorships, and Medicaid planning. She is afrequent speaker at continuing legal education programs.

Congressman Ed Perlmutter has deep roots in the 7th CongressionalDistrict and has lived in Jefferson County his entire life. His grandfatherand father ran a concrete business (in what is now the 7th district) fordecades. Ed attended Jefferson County public schools and then workedconstruction with his father during the summers while in law school atthe University of Colorado. He chose to raise his family in the districtwhere his three daughters also attended Jefferson County PublicSchools. Ed currently lives in Golden with his wife Nancy, a public schoolteacher, and their three dogs: Tucker, Charlie and Winston. In 1994, Edwas elected to the Colorado State Senate as the first Democrat to holdthe seat in nearly 30 years. He served two terms and garnered thereputation as a bipartisan bridge-builder and a champion of renewableenergy and smart growth policies. In 2006, Ed was first elected to

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represent the 7th Congressional District in Congress and is currentlyserving in his third term. Eds top priority in the 113th Congress iscreating good jobs for the hardworking people in Colorado. Goodpaying jobs will be maintained and created by moving forward withconstruction of the new VA Hospital in Aurora, promoting energysecurity and independence by working with the National RenewableEnergy Laboratory (NREL) and other world-class private sectorenergy businesses, and expanding Colorados role and economicdevelopment opportunities in the aerospace industry including theOrion manned space flight program. In the 113th Congress, Ed isproud to be assigned to the exclusive Financial Services Committeeincluding the following subcommittees: 1) Capital Markets andGovernment Sponsored Enterprises (GSE); and 2) InternationalMonetary Policy and Trade. Perlmutter is also co-chair of the NewDemocrat Coalition Energy Task Force.

Bernard A. Poskus, Esq., received his Bachelors Degree from theUniversity of Notre Dame in 1974, and received his Juris DoctorateDegree from the University of Akron in 1978. After a long career withvarious Legal Services Programs working with the elderly anddisabled, Mr. Poskus went into the private practice of law inFebruary, 1989. Since that time, he has litigated numerous issues ofconcern to the elderly and disabled, and is a frequent lecturer onthese topics as well. Mr. Poskus is a Fellow of the American Collegeof Trust and Estate Counsel, a member of the National Academy ofElder Law Attorneys, and in 2009, was recognized by the NationalChapter of the Alzheimers Association with its Maureen ReaganOutstanding Advocate Award for his long service to the cause of aWorld Without Alzheimers.

Thomas A. Rodriguez, Esq., has been an attorney since 1999. He isa Partner with the firm Vincent, Romero & Rodriguez, LLC inLouisville, CO. His practice emphasizes probate litigation, includingcontested guardianships and conservatorships, fiduciaryrepresentation, and other will and trust litigation. Prior to joining thefirm in 2002, Mr. Rodriguez worked for the Aurora Public Defenderwhere he tried more than 50 jury trials. Mr. Rodriguez has lecturedbefore the Colorado Bar Association, Boulder County Bar Associationand at other programs on topics such as probate litigation and ethics.He is a member of the Executive Council of The Colorado BarAssociation's Elder Law Section and a member of the Boulder CountyBar Association. Mr. Rodriguez is originally from Memphis, Tennessee.He earned his B.A. degree from Hardin-Simmons University inAbilene, Texas, and his J.D. degree from Emory University School ofLaw in Atlanta, Georgia. When he is not in the office, Tom spends hisfree time with his wife and two young daughters. He also enjoys golf,skiing, fantasy football and pulling for his beloved Oklahoma Soonerfootball team.

Alexander (Alec) R. Rothrock, Esq., is a shareholder with theGreenwood Village law firm of Burns, Figa & Will, P.C. He practicesexclusively in the area of legal ethics and the law of practicing law.He is a former chair of the Colorado Bar Association EthicsCommittee. 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 NationalAcademy of Elder Law Attorneys (NAELA) and is one of only 10attorneys in Colorado designated a Certified Elder Law Attorney(CELA) by the National Elder Law Foundation. She is a member of theBoard of Directors of NAELA and also serves as chair of the NAELAGuardianship Section. Ms. Seal is a member of the American BarAssociation Real Property, Probate and Trust Law Section, where sheis a member of the Publications Committee and she is also a memberof the Senior Lawyers Division. She is the public administrator for theFourth Judicial District of Colorado. Ms. Seal received her law degreefrom the University of Colorado Law School and is first person to beawarded an LL.M. in elder law from Stetson University College ofLaw. She holds a graduate certificate in gerontology from theUniversity of Colorado-Colorado Springs. Ms. Seal has writtenColorado Elder Law, which is a volume in the Thomson West ColoradoPractice Series. She is a member of the Colorado Bar Association(CBA) and its Trust and Estate Section and Elder Law Section. Sheserves as chair of the Elder Law Section. Ms. Seal practices elder lawand focuses primarily on protective proceedings and elder financialexploitation. She was appointed as a delegate for NAELA to the ThirdGuardianship Summit in October 2011 and is also a co-author of aconference 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 1974graduate of the University of Wisconsin Law School in Madison. He islicensed in Wisconsin and Colorado and has practiced before theTenth Circuit and the U.S. Supreme Court. He has argued Medicaidappeals and Social Security appeals before the federal district courtsand the court of appeals. Mr. Solem is past co-chair of the Elder LawCommittee and a member of the Trust and Probate Section of theColorado Bar Association. He is also a past member of the NationalOrganization of Social Security Claimants Representatives (NOSSCR),and a current member of the National Academy of Elder LawAttorneys (NAELA) and the Colorado Guardianship Alliance. He isalso 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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CANCELLATIONS:If you are unable to attend, please notify CBA-CLE byAUGUST 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 sendsomeone in your place. The breakout sessions that you originally selected will be

transferred to your replacement.

STEP 6: ELDER LAW RETREAT OPTIONAL SESSIONS

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Retreat tuition includes course materials*(printed book or flash drive**), admission tothe 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 emailapproximately 3-5 business days before the Retreat. If you wish to receive your materials viaemail ONLY (no printed book and no flash drive picked up at the Retreat), please select thisoption on the registration form. Your tuition for this option is $30 LOWER than the option to

receive the printed book or flash drive.

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

FRIDAY, AUGUST 23rd: 12:30 - 1:30 pmOPTIONAL LUNCH SESSION with the Honorable Elizabeth LeithParticipants will be able to order and purchase directly from the Marriotthotels buffet lunch menu. Please indicate if you plan to attend so that we canprovide an accurate count to the Marriott:

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

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

No CLE credit will be offered for this session.

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Please indicate breakout choices (1 for each time slot)

Thursday, August 22 SESSION A - 10:10 - 11:10 am: Topic 1 OR Topic 2

Friday, August 23 SESSION B - 11:20 am - 12:20 pm: Topic 3 OR Topic 4

Saturday, August 24 SESSION C - 10:35 - 11:45 am: Topic 5 OR Topic 6

Elder Law Retreat Program Tuition: (EL082413L) Non-member ....................................................................................................................$409 CBA Member ....................................................................................................................$389 CBA Elder Law/ Trust & Estate Law Section Member ....................................................$359 New Lawyer CBA Elder Law or T&E Section Member (in practice < 3 yrs.)..............$249 Full-time judges: ..............................................................................................................$229 CLE Elite Pass Holder:............................................................................................$189

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Guests may participate in breakfast on Friday and/or Saturday for $25/adult per day, or $10/childper day. Deadline to purchase breakfast for guests is August 16, 2013.

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5TH ANNUAL

ELDER LAW RETREATAugust 22-24, 2013

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AUGUST 22-24, 2013 IN VAIL, COLORADOFOR MORE INFORMATION GO TO www.elderlawretreat.com