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PUrPOseToday’s health care professional providing services to geriatric populations must develop and maintain a familiarity with many aspects of elder law to understand the legal and regulatory maze impacting on their organizations. To make necessary and appropriate referrals and to understand the concerns of patients, residents, or clients and their families, providers of health care and professionals working with elderly citizens are expected to have working knowledge regarding advance directive and guardianship issues; Medicaid eligibility; answers to commonly asked questions regarding Medicaid and the Deficit Reduction Act; Veterans’ Aid and Attendance; and elder abuse, neglect and exploitation. Ms. Wolf, Ms. Rao, and Magistrate Cadigan will provide updated information regarding these issues.The purpose of this intensive one-day seminar is to examine the legal issues of planning for disability/incapacity and to provide current information crucial to care planning and case management of geriatric clients. Ms. Wolf, Ms. Rao, and Magistrate Cadigan will focus on the legal and financial issues, plus case law, which impact on everyday aspects of providing health care services.
AMANDA M. WOLF, ESQ., B.C.S., is the owner of Wolf Elder Law, PA, with offices in Tampa, Sun City Center and Seminole, Florida. She is one of fewer than 100 Board Certified Elder Law Attorneys in the State of Florida and has been accredited with the Veterans’ Administration since 2008. Ms. Wolf received her BS in Accounting from Grove City College and her JD from the University of Pittsburgh School of Law.Ms. Wolf devotes her practice exclusively to estate planning and elder law issues such as wills and trusts, probate and planning for incapacity. A large part of her practice involves assisting individuals in qualifying for public assistance, including Medicaid and Veterans’ Benefits, to pay for long-term care. She is a co-chair of the Florida Bar Medicaid and Government Benefits Section, and a member of the Florida Bar’s Elder Law and Real Property, Probate & Trust Law Sections; the National Academy of Elder Law Attorneys; and the Academy of Florida Elder Law Attorneys. In 2009, she received the Tampa Bay Young Legal Professional of the Year award; and in the fall of 2012, Wolf Elder Law, PA, won Silver in the Best of South Tampa Law firm division and Bronze in the Best of South Shore Law firm division.TARA RAO, ESQ., of The Rao Law Firm, PL, in Lutz, Florida, practices in the areas of probate, wills, trusts, guardianship and business planning. She received her BA in Political Science from the University of South Florida and her JD and a Certificate in Estates and Trusts from the University of Florida, Levin College of Law. Ms. Rao is currently pursuing her Masters in Taxation at Boston University School of Law. Ms. Rao recently became one of the four Fellows of the Florida Bar’s Real Property, Probate and Trust Law Section, for the 2012-2014 term. She is a Director and a Past-President of the South Asian Bar Association of Florida, was past co-chair of the Hillsborough County Bar Association Diversity Committee, and is a Board member of the Hillsborough Association of Women Lawyers. Ms. Rao currently serves on the Annual Convention Committee and the Special Committee on Diversity and Inclusion of the Florida Bar, of which she was past co-chair. She taught Legal Studies at Keiser University and was recognized by Super Lawyers Magazine as a “Rising Star in Probate and Estate Planning” in 2010, 2011 and 2013. Ms. Rao provides pro bono legal services at the Center for Guardian Advocacy and the Office of the Public Guardian.SEAN O. CADIGAN, JD, was appointed as a General Magistrate in Florida’s 6th Judicial Circuit in 2000, and joined the 13th Judicial Circuit’s Probate, Guardianship and Mental Health Division of the court in Tampa in 2004. His primary responsibilities relate to incapacity and guardianship for elderly individuals, but he also hears cases related to persons with developmental disabilities and mental health issues. Magistrate Cadigan also serves as the Program Director for the 13th Judicial Circuit’s Elder Justice Center.Magistrate Cadigan is a graduate of the University of South Florida in Tampa and Stetson University College of Law across the bay. He was in private practice in the Tampa Bay area until 1992, when he began his career with Florida’s State Courts System.He is a member of the Florida Supreme Court’s Task Force on Substance Abuse & Mental Health; the Guardianship Law and Advance Directives Committee of the Florida Bar’s Real Property, Probate & Trust Law Section; and the newly formed Task Force on Eldercaring Coordination, created by the Florida Chapter of the Association of Family and Conciliation Courts. Magistrate Cadigan previously served two terms on the Bar’s Probate Rules Committee. In 2007, he was awarded the 13th Judicial Circuit’s Leadership Award by Trial Court Administrator, Mike Bridenback.
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❖ Informed Consent❖ Advance Directives❖ Power of Attorney ❖ Guardianship❖ Florida Medicaid Coverage for Long-Term Care❖ Veterans’ Aid & Attendance❖ Florida Law: Abuse, Neglect & Exploitation
TAMPA, FLORIDANOVEMBER 8, 2013
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FLORIDAELDERLAW 2013
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FLORIDA ELDERLAW 2013
NOVEMBER 8, 2013TAMPA, FLORIDA
HILTON TAMPA AIRPORT WESTSHORE2225 North Lois Avenue | Tampa, FL 33607
813-877-6688
CONTINUING EDUCATION HOURS: Sponsor: HEALTH EDucation Network, LLC To receive verification of successful completion of the following credit hours, participants must sign-in, attend the entire seminar, and complete an evaluation. The certificate verifying attendance will be available at the end of the seminar day. For continuing education inquiries, including updates to submitted CE applications, please go to this seminar’s page at www.health-ed.com or contact Shirley at [email protected] or 715-552-9517.
**Attention Florida Licensees: If you are a Florida licensed counselor, nurse, psychologist, and/or social worker, your credits will be reported by HEALTH ED to CE Broker. Florida Approved Course #20-403998. Provider
numbers listed below. Please bring your Florida license number.
Psychologists/limited license Psychologists: 6.0 Hours. Florida - This course has been approved by the Florida Board of Psychology, (provider #50-870-3). APA - HEALTH ED is approved by the American Psychological Association to sponsor continuing education for psychologists. HEALTH ED maintains responsibility for this program and its content. Full attendance is required. No partial credit will be offered for partial attendance.
nursing home AdministrAtors/Assisted living AdministrAtors: 6.0 Hours. NAB - The National Continuing Education Review Service (NCERS) of the National Association of Long Term Care Administrator Boards (NAB) has approved the above named program for 6 continuing education clock hours for Nursing Home Administrators and Residential Care/Assisted Living Administrators. Please bring your license number.
Please Note: Successful completion of this course may satisfy requirements established by your professional licensing board, association, and employer. This seminar is designed to offer six contact hours. Many boards accept reciprocal approval via the organizations listed above. Please check with your appropriate entity. Licensees are to determine the acceptability of the seminar based upon the rules of their licensing board for eLearning seminars.
nurses/nurse PrActitioners/nurse sPeciAlists: 6.0 Contact (60 minute) Hours.Florida - HEALTH ED is an approved provider with the Florida Board of Nursing, (provider #50-870).
certified cAse mAnAgers: 6.0 Hours. CCMC - This seminar has been pre-approved by the Commission for Case Manager Certification to provide continuing education credit to Certified Case Managers (CCMs). Approval number will be issued on the certificate of attendance.
ProfessionAl guArdiAns: 6.0 Hours. Florida - This course has been approved by the Florida Statewide Public Guardianship Office (Course #20-406998). Please bring your license number.
FLELMT13
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Earn 6.0 CE credits for ONLY $60 at this seminar! Go to the Reduced Tuition Coordinator link at www.health-ed.com to learn more.
AgendaFLORIDA ELDERLAW 20138:00 Registration, Sign-In, & Course Materials (Mid-morning & mid-afternoon breaks will be determined by speakers)8:30 INTRODUCTION TO ELDER LAW AmAndA Wolf, tArA rAo
Preserving Personal Autonomy with Estate Planning Informed Consent Advance Directives Health Care Surrogate Living Will Health Care Proxy Anatomical Gifts Power of Attorney – Ten Changes in the Law You Need to be Aware Of Basic Asset Transfer on Death Non-Probate Assets Probate Assets Intestate Probate Wills Living Trusts Special Needs Trusts HIPAA Guardianship tArA rAo
Definition of an “Incapacitated Person” Distinguishing Between Guardian of the Person & of the Estate Procedure for the Appointment of a Guardian Limited Guardianships The Rights of Persons Subject to a Guardianship Powers & Duties of Guardians Limits Upon the Authority of a Guardian Relationship Between the Guardian & Agent Under a Durable POA Financial Abuse & Remedies Dismissal of a Guardian11:45 Lunch (on your own)12:45 PLANNING FOR LONG-TERM CARE AmAndA Wolf The Deficit Reduction Act: Medical Assistance/Medicaid Coverage for LTC Role of Medicare vs. Role of Medicaid Eligibility Rules Community Spouse Resource Assessment Exempt Assets Minimum Monthly Maintenance Needs Allowance Transfer of Assets Estate Recovery Exemptions for Protecting the Home Protecting Assets for Disabled Child Common Medicaid “Myths” Veterans’ Aid & Attendance Enhanced Pensions AmAndA Wolf Service Requirements Income & Asset Rules Benefits for the Spouse or Surviving Spouse Processing Requirements Elder Abuse, Neglect & Exploitation mAgistrAte seAn cAdigAn
Florida Law: Abuse, Neglect & Exploitation Adult Protective Services Exploitation with Durable Powers of Attorney Exploitation as Theft Exploitation as Deceptive Sales Practices Remedies Resources National Local Regional Multidisciplinary Teams4:00 Evaluations, Adjournment, & Certificates
Learner Objectives
Comprehensive resource Manual Included wit h Your re gist rat ion !Florida ElderLaw 2013, designed specifically for this seminar by Ms. Wolf, Ms. Rao, and Magistrate Cadigan, will be provided to each registrant.
At the conclusion of this seminar, you will have the knowledge required to:
• Explain informed consent and the Power of Attorney law.
• Define the scope and limits of a guardianship.
• Identify new developments in Medicaid.
• Discuss Florida elder abuse, neglect and exploitation issues.
sociAl Workers And counselors: 6.0 Hours.Florida - This course has been approved by the Florida Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling, (provider #BAP-713).ASWB - This organization (HEALTH ED, provider #1033) is approved as a provider for social work continuing education by the Association of Social Work Boards (ASWB) www.aswb.org Approved Continuing Education Program (ACE). Approval Period: December 22, 2012 through December 22, 2015. HEALTH ED maintains responsibility for the program. Social workers should contact their regulatory board to determine course approval. Social workers will receive 6.0 continuing education (6.0 clinical) clock hours.NBCC - HEALTH ED is an NBCC-Approved Continuing Education Provider (ACEP™) and may offer NBCC-approved clock hours for events that meet NBCC requirements. The ACEP solely is responsible for all aspects of the program.
Take advantage of this oppor tunit y to interact with these experienced presenters and your col -leagues regarding Florida laws and regulations.
“Ever y program I have at tended with HEALTH ED has been VERY VALUABLE and well-presented. I really appreciate the good job HEALTH ED does!” Carol Latshaw, MSW/LSW