This presentation will illustrate how Fiduciaries can utilize Aging Life Care Managers ™ and Geriatric Psychiatrists as consultants to enhance their practice. The team approach improves accountability and allows for difficult recommendations to be made by an objective outside consultant.
We will describe the roles of both Aging Life Care Managers and Geriatric Psychiatrists, and how we work with the Fiduciary to ensure the best outcomes for your clients. We will share illustrative case histories and provide ample time for questions and answers.
Canine Companions for Independence provides service dogs to people with physical and cognitive disabilities free of charge. Our extensive training and placement is complimented by the ongoing support we provide our graduate teams.
This presentation will provide an overall introduction to Canine Companions for Independence and how an assistance dog can make a difference when “magically” matched with a person with special needs. Come learn the difference between a highly trained service dog and an emotional support animal, hear personal stories from recipients, and see first-hand how a Canine Companion enhances a life.
You've just taken on that new client and discover the client has been working with caregivers for years. What risks does your client face by employing the caregiver directly? What risks do you have when your client hires their own caregivers? What new laws impact fiduciaries and their clients when hiring caregivers? We will explore these common problems and discuss different solutions for you and your clients. Learn how to minimize your exposure and help your clients understand the risks and benefits of having caregivers in the home.
Can You Tell When Someone is Lying? Let Body Language Expert Traci Brown Show You How! Are you winning the game of Two Truths and a Lie? You play every day and don’t even know it. Win the game with your team, clients, potential hires and vendors to dramatically improve your bottom line...and detect fraud before it happens. Can you trust your team? Can vendors really deliver what they promise? Are they lying over the negotiation table? Are clients telling you all of their needs? Do they like the job you did? Have potential hires inflated their resume? Are they really who they say they are in the first place? And most importantly…How would your life change if you really knew what those closest to you were doing and not saying? In this fast paced keynote you’ll learn how to use Traci’s system to separate the lies from the truth in today’s headlines...and in your own life so you’re never deceived again.
In Part 1 of this two-part topic, the panel will address choosing, hiring, and managing your own attorney as a fiduciary in a contested matter. Typically, attorney’s fees are the largest expense born by any trust. How does the fiduciary manage this large expense item for the trust? And what duties does your attorney owe to you and how do you enforce those duties? Recent, important changes to the California laws on the attorney-client privilege of trustees will also be discussed. Our goal for Part 1 of this topic is to train fiduciaries into being more sophisticated consumers of legal services.
Tax-motivated trusts are becoming increasingly common. While lawyers are drafting more simple probate-avoidance trusts for smaller estates, they often use more exotic trusts for estates with significant income (and estate) tax issues. Peter will seek to demystify the "alphabet soup" of these advanced trusts and review the fiduciary's obligations in their administration, from reporting to beneficiaries to the IRS. Peter will discuss which professionals to use with which types of trusts: tax preparers or CPAs, investment advisers or brokers, life insurance agents and attorneys.
The fiduciary will work through examples of certain trusts in this presentation, including the qualified retirement trust, two types of charitable remainder trusts, and an irrevocable life-insurance trust. Time permitting, we will cover spousal limited-access trusts and their application when the family trustee becomes incapacitated or passes away.
Clients often want to remain in their homes after their ability to do so is ended. 24/7 human monitoring can be cost prohibitive. But is there a "twilight zone" in which a client could stay in their home using electronic surveillance techniques, reducing the need and expense of around the clock human monitoring?
This class is targeted at all fiduciaries and will be taught by an attorney, a fiduciary, a care provider, and an alarm company owner. A wide variety of devices and smartphone interfaces will be discussed.
Fiduciaries of all experience levels often have a less-than-clear understanding of when attorney-client privilege protects them and when it does not. The attorney-client privilege rules as applied in the fiduciary context are exceedingly complex, and one accidental misstep can expose your private communications to the world (or, more ominously, to a contentious beneficiary or dissatisfied former client). Find out when you can rely upon the protections of the attorney-client privilege, and when you cannot, and discover best practices that you can implement in order to preserve and maximize these protections.
The presentation will focus on very advanced issues related to problem cases from the Fiduciary, Financial and Legal perspectives. Our expert panel, bruised and scarred, will gather to tell tales of dismay from their vast years of experience.
Janie Mulrain, a CLPF and principal of Ethos Fiduciary Services in Irvine, CA will lead the panel and offer her insights on a variety of real life case studies with unusual and interesting circumstances. Joining her will be Attorney David Sherak, an experienced probate attorney and recent instructor for the CSU Fullerton certification courses, who will add his insights and discuss the legal aspects involved. Rounding out the group will be Financial Advisor Scott MacDonald, a refugee of many client conflicts who will share some of his financial war stories.
The format for the event will be an interactive discussion with audience participation to seek possible solutions and understand relevant preventive measures. Come join us to learn how to keep your clients from transmuting into the dreaded Zombie Client!
This Presentation is perfect for both new and experienced fiduciaries. When it comes to handling and selling personal property, each case can be as unique as a thumb print. Fiduciaries are often left asking questions such as what are the legalities ? Where do I take the personal property? What is it worth? That is just a few examples of the many questions that come up when handling personal property. This presentation will eliminate the guess work in dealing with personal property. From how to handle firearms to the car that has been sitting in the garage. That pile of coins, is it worth face value, scrap value or is it collectable? Jewelry, real or fake. You will walk away from this presentation with a great understanding and a new respect of personal property that at times dominates your estates.
In Part 2 of this two-part topic, the panel will address working with all the other attorneys in contested matters (besides your own attorney). The panelists will begin by discussing the role of the various attorneys for a proposed conservatee: court-appointed counsel, guardian ad litem, and private counsel. Also discussed will be tips and strategies in working with the attorneys for other parties in a contested case. This panel offers the unique prospective of attorneys, fiduciaries, retired probate judges and mediators on this important and seldom explored topic. The addition of Judge James Steele (retired) also allows this panel to address the very important role played by fiduciaries in mediations and other negotiations.
Attendees of Recognizing, Preventing and Addressing Financial Elder Abuse will learn to identify potential abuse situations, perpetrators and the tricks they use to defraud elders and will leave with valuable information and resources they can use to educate their own clients and their client's families about spotting, avoiding and addressing financial elder abuse. This program will be taught by two recognized litigators who regularly combat financial elder abuse in the civil and probate courts.
This presentation will review what Bipolar, Psychotic and Depressive disorders are and what behaviors are present when dealing with these disorders. In addition coping skills will be discussed to enable the fiduciary to be better able to work with someone who has these disorders.
The need to provide resources for a person with a disability has never been more important to achieve a quality of life that many take for granted. Learn about the history of the ABLE program that’s helping thousands of people nationwide save and achieve for a better life. Dante Allen will discuss the basics of the ABLE Act and how practitioners can partner with CalABLE. Stephen Dale, through real life examples, will illustrate how an ABLE Account can contribute to housing expenses without sacrificing SSI and show how a special needs trusts tied to an ABLE Account can often provide the best of both worlds.
Listen to high-level legal insights and expertise. Get ready to hear the boots on the ground perspective and experiences. The issue is “Tenancy” in the real estate quagmire for probate, trust, and conservatorship situations. Emotions are running high in the family. The Fiduciary needs to have the latest in legal precedent and awareness of the mechanisms for documenting a tenancy and potentially terminating it. Once the Fiduciary recognizes the tenancy issue, i.e such as occupancy by a person with a vested legal interest, an heir, the Fiduciary must be aware of any special requirements in jurisdictions that have rent control or “good cause” requirements for terminating tenancies. The Fiduciary will gain further insights into recognizing potential problems with overlapping and sometimes conflicting jurisdiction of the probate court and the unlawful detainer court, and the question of which court should be used to start proceedings: To have greater awareness of the dangers of counterclaims, discrimination claims, and potential renter claims for uninhabitable premises or past caretaking. An increased understanding of various non-litigation alternatives to eviction actions, such as voluntary move-outs or surrenders, and how to coordinate those with overall distributions.
All Professional Fiduciaries will be faced with making the decision about whether to keep or sell real estate. When asking this question, a practical template covering the economic and tax implications are key to understanding red flags and pitfalls to avoid. Learn how to evaluate the tax consequence of selling a property and what happens to value upon death. Understand how gifting a property can offer tax benefits and learn what factors to consider when asking sell now or later? This presentation will cover both residential and commercial real estate and help attendees understand the different factors to consider for a residential home v. a rental or commercial space.
In The World's Fastest Indian, Anthony Hopkins plays the true story of New Zealander Burt Munro, a man who never let the dreams of youth fade. After a lifetime perfecting his classic 1920 Indian motorcycle, Munro sets off from New Zealand to test his bike at the Bonneville Salt Flats in Utah. With all odds against him, Munro wins support from unusual allies in his quest to set a new speed record. Burt Munro's 1967 world record remains unbroken and his legend lives on today.
With gray divorce (divorce defined after the age of 40 years or more) on the rise, it becomes more and more likely that a death may occur during, or soon after a divorce is finalized. This means that as a fiduciary, you need to be prepared with what to do if this happens with one of your clients. Know the importance of client intake procedures and how to navigate the Probate and Family law court.
Jim Huyck, former Executive Director of Alta California Regional Center, will present on Navigating the Regional Center system. This will include the history and creation of the Regional Centers including how parents paid a key role in their establishment. Jim will explain the two programs that the Regional Centers administer and the eligibility criteria for both programs. The Individual Program Planning process will be explained and how services are agreed to and authorized by the Regional Center. The various services which the Regional Center can provide will be detailed. The current fees that parents can be charges will be explained. The process of Institutionally Deeming children, who would otherwise not be eligible for MediCal, onto MediCal through the MediCaid Waiver process, will be explained. Also explained will be the process for appealing any denial of requested services. Of great interest to the audience will be whether the Regional Centers require that Special Needs Trust pay for services rather than the Regional Center paying for the services.
This presentation will help Professional Fiduciaries: (1) avoid claims and disputes; (2) ensure they are covered by insurance in the event of a claim; and (3) navigate the claim handling/professional liability insurance process.
The medicinal use of Cannabis is increasing, particularly in those suffering from chronic illness and disease. Clients of the Fiduciary are often experiencing states that may benefit from the use of Cannabis. Knowledge of the plant and how it works in humans can help the Fiduciary understand how this form of therapy can help their client. This class relates to the care of clients by providing an overview of the history, biology and effects associated with medicinal cannabis use as well as Best Practices that can support its safe and effective use.
Acting as a fiduciary isn’t always easy. A fiduciary owes many duties to the beneficiaries and a breach of a duty can result in liability. One of these duties is the duty to account. In our litigious society, having an accounting is one of the best ways a fiduciary can protect itself from liability. From the beneficiary’s perspective, an accounting protects the beneficiary because it forces the fiduciary to either: (1) Admit that he or she can’t account due to a failure of recordkeeping; (2) Truthfully account, providing the beneficiaries with evidence of any potential wrongdoings; or (3) Falsify the accounts, which the beneficiaries can then disprove.
This session will review:
- Why being a fiduciary isn’t easy
- An overview of fiduciary duties under both common law and statutory law
- The fiduciary duty to account
- Top ten reasons for producing a fiduciary accounting
- Tips to look out for when reviewing an accounting
- Differences between tax and accounting
- Accountings and litigation
This presentation will focus on the California Association of Realtors purchase agreement and issues that may arise in a real estate transaction. The focus will be on what fiduciaries should know when representing a client in a real estate transaction, the mechanics of a typical transaction, including specifics about contract law. We will discuss the ins and outs of a transaction including baseline standards and potential pitfalls. You will learn about the real estate process from start to finish.
After this presentation you should:
- Understand the real estate pre-marketing process, inspections, disclosures, seller's obligations
- Understand the ins and outs of the California Association of Realtors Purchase Agreement
- Understand the use of Realtors, commissions, evaluating offers, initial deposits, contingencies
- Understand the contract process, buyer-seller issues, dispute resolution process, contract cancellations, retaining deposits and liquidated damages
- Understand post-closing issues, rent-backs, landlord-tenant laws
Administering an SNT when a beneficiary has a mental illness is one of the most challenging tasks a professional will undertake. The beneficiary may not cooperate, can be verbally abusive, or even be a danger to themselves or others. Managing a SNT with this beneficiary requires special training, additional skills, a thick skin, and a great deal of patience. This program will review your intake process in agreeing to take on a case, creating a team to serve the client’s needs, and summarize other important aspects of administration including finding housing, obtaining public benefits, serving as payee, and providing advocacy. This program is designed so the professional can learn the tools to serve this population by using their professional skills and resources.
Legislative changes over the last 12 years have substantially increased the safeguards afforded to the conservatee. Although sometimes necessary for an individual's protection, a probate conservatorship represents a loss of freedom to the conservatee. Moreover, many factors have resulted in an increase in the cost of establishing and maintaining a conservatorship. Prior to filing a conservatorship , one should determine whether a less expensive alternative exists. The Probate Code provides a procedure for spouses under Probate Code 3101 that can be used instead of a probate conservatorship in a variety of situations that range from selling real property to qualifying for Medi-Cal.
In our technology era, the private professional fiduciary is encountering more opportunities for interacting with digital assets and as a result, more liabilities. While digital assets such as blockchains and crypto currencies are over a decade old, California has only recently started providing legal authority for the professional fiduciary to access another individual’s digital assets. As such assets continue to grow in popularity, professional fiduciaries are increasingly likely to find themselves managing digital assets and having opportunities to invest in crypto currencies. While there is great potential for such investments, these opportunities are also riddled with liability minefields for an unwary professional fiduciary. From accessing digital assets to blockchain investments, this presentation will cover an introduction to what are digital assets; accessing the digital assets; intricacies of crypto currency investments; data security considerations; and the California Probate Code provisions for digital investments by the private professional fiduciary.
Fiduciaries and many other professionals serving the elderly have a legal and ethical responsibility to take reasonable steps to identify individual with incapacity to make medical decisions, manage finances, enter into contracts or trusts, or care for their basic needs. Because the methods of capacity assessment have shifted from an emphasis on diagnosis to an emphasis on functional abilities (e.g. what an examinee can and cannot do) non-psychiatric professional may be effectively trained to screen for the presence of incapacity in the individuals they serve. This presentation will review the prevailing model of capacity assessment as developed by Dr. Thomas Grisso. It will describe specific abilities that can be practically screened for to identify cases of probable incapacity. Finally, the presentation will help audience members develop a formalized system of screening for incapacity, and identifying clients who require more a more comprehensive capacity evaluation.
When financial and healthcare decisions lead to conflict between and among elderly parents and their children, the decision to initiate ligation is often fraught with risk. Fractured families, costly attorneys’ fees, ethical considerations and the potential for a disinherited litigant must be weighed against the potential benefits of initiating litigation during a parent’s lifetime, particularly in elder abuse situations, where the capacity of an aging parent is in question, or where post-death litigation is inevitable. This session will examine common scenarios triggering pre-death litigation, the propriety of doing so, risks and benefits of initiating a pre-death contest, and the role of the professional fiduciary in such litigation.
This presentation analyzes the legal guidelines and parameters of the Private Professional Fiduciary taking on the role as Petitioner in Conservatorship, Guardianship, Decedent Estates, and Trusts. In addition to the law, the discussion includes an analysis of the ethics rules applicable to fiduciaries and their attorneys when the fiduciary acts as the Petitioner. The law and ethics conversation includes real world examples of the practical complications and risks which may arise when a professional fiduciary acts as Petitioner in a court proceeding.
Identifying, managing and selling assets is one of a fiduciary's most important, sophisticated and closely scrutinized duties. This presentation covers all aspects of identifying, collecting and managing assets for new and experienced fiduciaries. Identifying topics covered including demonstrating the key duties of a personal representative, inventorying and appraising assets, working with probate referees and assessor forms and filing an inventory and appraisal. Asset management topics covered include guidelines for asset management, working with cash accounts and working with tangible personal property (autos, jewelry and more). Selling asset topics include when and how to sell assets, how to gain authority to sell, how to correctly notice for sale, the legal process for sales of real property with and without court confirmation, and how to maximize the sale while limiting liability.
Personality Disorders can be some of the most challenging cases professionals take on. Extreme emotion and extreme thinking, as well as the accompanying chaos, can send you down a rabbit hole if you aren't prepared. Since continued interaction with these clients (or families) can take a heavy toll on those trying to help, it's important to know what triggers the negative behaviors, how to minimize the fallout, and what you can do to protect yourself from compassion fatigue.
Are you thinking of purchasing a fiduciary practice or selling your practice? Robyn Farber PF946 will be sharing her experiences of purchasing the assets from a retiring professional fiduciary with opportunity for Q&A. Other presenters at this session include attorneys involved in the asset purchase Marin Bradshaw, JD from Murtaugh, Treglia, Stern & Deily and Josef Cowan, JD from Cowan and Associates.
What do you do when a third person suddenly appears on title to your client's real property? This presentation uses a case study to discuss and explain P.C. Section 850, unlawful detainers, petitions for instruction, vexatious litigant motions, consolidation procedures, the pitfalls of settlement, bankruptcy, and other tools and issues to help a fiduciary treat the swamp of aggressive abuse.
We have a unique profession in that we do not provide a one-time service but instead provide multiple services and care across the person's lifetime. Our practice is enhanced when we have greater insight into and respect for the person’s culture, religion, gender, sexual orientation, ethnicity, etc. Attendees will learn how to do an ethnographic interview, how diversity within and across cultures affects decision making, and how our own perspective may be influencing our practice.
The ins and outs a Fiduciary will encounter when administering assets that involve different business entities. The presentation will cover a view from the bench, in addition to private counsel’s views on Fiduciary Trustee’s many duties to the beneficiaries, the court and other business entity structures as it pertains to the scope of neutrality, standard of care and ethical considerations.
Additionally, a discussion regarding practical considerations and risk management to mitigate potential litigious situations and during litigation will be discussed.
Lastly, there will be a case study with different scenarios that will be discussed during the presentation making it interactive and engaging with the attendees.
Fiduciaries typically work with CPAs, attorneys, financial advisors, and other tax advisors to navigate various tax issues that arise in the course of serving as a fiduciary, such as filing tax returns for a principal, estate, or trust, tax elections, investment decisions, distribution decisions, etc. Although a fiduciary should seek guidance from tax advisors, it is imperative for a fiduciary to have a working knowledge of the transfer and income tax basics. This program is helpful for new and experienced fiduciaries to understand the basic transfer and income tax principals applicable to individuals, trusts, and estates; the taxation of estates, grantor trusts, and non-grantor trusts; the reporting obligations of the fiduciary (basis for taxation, filing deadlines, elections); and the potential personal liability of a fiduciary.
Specifically, this program will provide an introduction to and overview of the current federal estate and gift tax laws, emphasizing reporting obligations, tax elections, opportunities, and potential traps for fiduciaries (including current exemption amounts, available deductions, basis considerations, and reporting forms and deadlines). This program also will provide an introduction to and overview of income taxation of estates and trusts, emphasizing fiduciary reporting obligations, tax elections, income tax reporting after death, and beneficiary taxation.
The law is always in a state of flux, and these changes affect how Professional Fiduciaries and their lawyers conduct both business and litigation. This class will review recent development and trends in the practice of litigation in California.
Maximizing a settlement for those who require skilled care can be difficult when the individual has limited funds. This can get further complicated by when the individual wishes to pass on something to their family. Utilizing a strategy called a partial spend down, where the individual purchases a home outside of a Special Needs Trust, can preserve the clients needs based government benefits and allow the individual to pass their home to loved ones. This presentation will also lightly brush on the 2018 POMS update, changing industry norms, and some additional strategies for maximizing a settlement.
What are the key elements that you need to know about taxability of trust distributions and how does DNI play into this. Learn how to calculate DNI and understand the ins and outs of simple trust, complex trust and income distribution deduction. Professional fiduciaries will understand three key practitioners points regarding trusts and the red flags to look for.
Re-Thinking Home Equity as an asset to cover clients expenses. Reverse mortgages are no longer programs of last resort. This presentation is designed as a high-level overview of reverse mortgages, covering all of the new programs currently on offer. We will cover all of the FHA insured HECM reverse mortgage loans, as well as all of the new proprietary "Jumbo" reverse mortgages available in the market. New, low-cost options will be covered. We will compare products, including discussions on the different reverse mortgage lines of credit, and pay-out options on the jumbos. Learn strategies of how, when, and why to use a reverse mortgage, and which one may best suit your client's needs. We will talk about borrower's using Conservatorships and POA's, and what is needed when a revocable or irrevocable Trust is in place. Go Forward With Reverse!