Elder Law Prof Blog

Webinar on Person-Centered Services and Long-Term Care

Mark your calendars now for this upcoming webinar from AARP and the D.C. Office of the A.G. on Person-Centered Services and Long-Term Care,scheduled for March 10 at 11 eastern. Here's more info about this webinar:

People living in long-term care facilities, or receiving long-term care services, have the right to make their own decisions about their care and to lead those discussions. Join us to learn more about what Person-Centered Services means for people receiving long-term care, for their families and for service providers, especially now with the challenges imposed by the public health emergency.

Click here to register. 

Mark you Calendars: Ann F. Baum Memorial Elder Law Lecture U. of Ill. Law

The annual Ann F. Baum Memorial Elder Law Lecture at the University of Illinois College of Law is scheduled for March 10, 2021 at noon (central) virtually.  This year's lecture, "Ways of Thinking About Medical Care: Alternative Models and Structures and Their Policy Significance" will be presented by James F. Blumstein, Vanderbilt University of the University Professor of Constitutional Law and Health Law & Policy and Professor of Management, Owen Graduate School of Management, Director, Vanderbilt Health Policy Center.

Here's a description of the presentation:

Traditionally, medical care has been understood to function under a professional paradigm; medical decisions are considered purely scientific under a standard of “medical necessity.” Medicare and Medicaid were based on this model, where economics has little sway. Over time, an alternative model, an economic paradigm, has gained traction. Under the alternative model, economics plays an important role in medical decisionmaking. The professional model had a strong influence on the design and structure of Medicare and Medicaid, with significant consequences in terms of cost escalation. Medicaid, in particular, has been an uncapped entitlement program of federal/state spending. About 20 years ago, Medicaid introduced managed care, which allowed for consideration of economic factors in medical decisionmaking. And, at the same time, the Children’s Health Insurance Program (CHIP) developed a competing model for federal/state healthcare spending. The Affordable Care Act  (ACA) relied on cost savings from projected Medicare spending to fund increased access to care, a clear recognition of the salient role of economics in supporting expanded access to care. Most recently, the federal government has approved a Tennessee Medicaid waiver, essentially transferring the CHIP funding model to the context of Medicaid. The interplay of economics and program design/structure in healthcare programs, culminating in the recent Medicaid waiver for Tennessee, will form the centerpiece of this year’s Baum Memorial Lecture.

Here is the info to attend

Join by Zoom Meeting

https://illinois.zoom.us/j/86080084604?pwd=enVlbEtyZVN6bFMxR0lyUE9udUhuUT09

Meeting ID: 860 8008 4604
Password: 041404

Join by Skype for Business

https://illinois.zoom.us/skype/86080084604

Thanks to Professor Kaplan for letting me know about this wonderful program!

Upcoming Webinars

Register now for two upcoming webinars.

1. Webinar: Financial Protection for Older Adults During the COVID-19 Pandemic set for Feb 23, 2021 at 1 eastern. 

Join experts from the Consumer Financial Protection Bureau (CFPB), the Federal Communications Commission (FCC), and ACL on Tuesday, February 23 at 1 pm ET for a free webinar on financial protection of older adults during the COVID pandemic. The FCC will begin the program with an overview of coronavirus-related phone scams targeting older adults. The CFPB will share resources to help older adults address the financial impact of the pandemic. HHS will conclude the webinar with a discussion of the role of the aging services network.

Click on FCC live link to join the webinar on Feb 23 at 1 eastern.

2. A series of 3 webinars from the DOJ Elder Justice Initiative;

• March 4^th 2pm EST  |  Programs for Older Adults Who Have Experienced Financial Exploitation. Learn about three distinct programs designed specifically for older adults who have experienced financial exploitation. Register here.

• March 23^rd 2pm EST  |  The Path Forward: One MDT’s Journey to Address the Impact of Racial Injustice on Their Work. The Hennepin County Minnesota Adult Protection/Law Enforcement Multi-Disciplinary Team “MDT” provides a model case study of the impact of racial injustice on their work as an elder abuse MDT in Minneapolis. Register here.

• April 13^th 2pm EST  |  Tackling Transnational Robocall Scams: The Importance of State and Federal Partnerships Features a Federal and State partnership that successfully fought against computerized autodialing “robocall” scammers.  Register here

Webinar on Guardianships

Mark your calendars now for this important webinar, Advancing Guardianship Reform through Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS) on Feb. 9, 2021 at 2 eastern.

Improvements to state adult guardianship systems can include the promotion of less restrictive options, strengthening rights, and ensuring accountability. To make real changes in law and practice requires the collaboration of courts with stakeholders in the legal, aging, and disability communities. Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS) or similar collaborative entities in many states have begun to forge positive changes.  

The 2020 American Bar Association Commission on Law and Aging WINGS Briefing Paper makes key findings and recommendations about the effectiveness of WINGS and the need for their long-term, systemic support. This webinar will highlight the WINGS Briefing Paper findings and recommendations, and summarize guardianship reform obstacles and efforts and the development of WINGS. Presenters will also offer tips to establish or enhance WINGS in your state.

Click here to register.

KFF Web Briefing on COVID Vaccine and LTC Facilities

Mark your calendars for a free briefing on January 14 at noon eastern for a free webinar from the Kaiser Family Foundation.  A Shot in the Arm For Long-Term Care Facilities? Early Lessons from the COVID-19 Vaccine Rollout to High Priority Populations:

KFF will hold an interactive web event at Noon Eastern time on Thursday, January 14 that will provide the latest data on COVID-19 cases and deaths in long-term care facilities and examine how the effort to vaccinate residents and staff in long-term care settings is going, challenges experienced so far, and opportunities for improvement.

The event will be co-moderated by Tricia Neuman, a Senior Vice President of KFF and Executive Director of the Program on Medicare Policy, and Rachel Garfield, a Vice President at KFF and Co-Director of the Program on Medicaid and the Uninsured. Priya Chidambaram, a Senior Policy Analyst at KFF, will provide the latest data on cases and deaths in long-term care facilities. A panel discussion on COVID-19 vaccination efforts will follow featuring a range of perspectives, including those of patients, nursing home officials, and pharmacy providers who are performing the vaccinations.

Click here to register for the webinar.

Webinar on Elder Abuse: Prevention, Intervention, and Remediation

Mark your calendars for January 21, 2021 at 2 p.m. eastern for a webinar on Elder Abuse Prevention, Intervention, and Remediation from the National Center on Law and Elder Rights.

Everyone who works with older adults has a role to play in prevention, intervention, and remediation of abuse, neglect, and exploitation. Helping starts with understanding the landscape of elder abuse and the service providers and systems involved in addressing abuse. This legal basics training will provide an overview of the fundamentals of abuse, neglect, and exploitation and the signs and signals of abuse that attendees can reference in their daily lives and work.

At the end of this training, participants will be able to:

• Describe the three stages of responses to abuse
• Apply basic definitions of abuse, neglect, and exploitation
• Identify risk factors or signs of abuse, neglect, or exploitation
• Identify the differences between undue influence, exploitation, and fraud
• Describe added risks in a time of COVID-19

To register, click here.

Register Now for This Webinar

On Thursday, December 17, 2020, for a webinar through the National Center for State Courts Elders and Courts. The webinar covers "a new web-based interactive tool: the Judicial Response Protocol for Guardianship and Conservatorship abuses (http://www.eldersandcourts.org/guardianship_conservatorship/guardianship-conservatorship-resources-for-courts/responses-to-allegations-of-wrongdoing). This webinar will be helpful for judges and for court staff. This project was developed with the support of the State Justice Institute..'

To register, click here: https://zoom.us/webinar/register/WN_EuKscJoASJaNSY4hJs2jlg

Register Now-SNT Webinar January 6, 2021

The Center for Medicare Advocacy announces their next webinar, Skilled Nursing Facility Updates, scheduled for Wednesday January 6, 2021 at 2:00 PM EST. To register, click here.

Register Now: Webinar on Representing Persons Under Guardianship

The National Center for Law & Elder Rights is offering a free webinar on November 10, 2020 at 2 eastern on Representing a Person with a Guardian.  Here's the info about the webinar

Attorneys, including legal services attorneys, should be open to representing individuals under guardianship. When representing a person with a guardian, an attorney may need to take extra steps to ensure their client has the right to counsel of their choice, and be a strong advocate to ensure that the proceedings are treated with dignity and the client’s due process rights are upheld. By using procedural and evidentiary tools—including alternatives to guardianship—advocates can increase clients’ independence and autonomy and restore their civil rights.

In this training, presenters will share:

• Considerations for representing a legally incapacitated client;

• Strategies for advocating for clients’ rights;

• Standards and burdens for modifying or terminating guardianship; and

• Information on requesting reasonable accommodations.

To register for the webinar, click here

Webinar: Tools for Financial Caregivers

The Consumer Financial Protection Bureau  and the National Alliance for Caregiving are offering a free webinar on Tuesday, October 20 at 2 p.m. eastern on Tools for Financial Caregivers of Older Adults.

The Consumer Financial Protection Bureau (CFPB) and the National Alliance for Caregiving (NAC) will provide a free webinar on Tuesday, October 20, 2020 from 2-3 pm ET. NAC will share findings from its joint study with AARP on caregiving, including ways financial strain can affect caregivers and older adults. The CFPB will share free resources for financial caregivers of older adults, with an emphasis on tips and tools that can be used during the Pandemic to manage someone else’s money.

Presenters:

• Gabriela Prudencio – National Alliance for Caregiving

• Lisa Weintraub Schifferle – CFPB, Office for Older Americans

• Kate Kramer – CFPB, Office for Older Americans

Click here to register. You can download the corresponding report here.

Dual Eligibles and COVID Coverage

Mark your calendars now for a free webinar on How Health Plans Serving Dual Eligibles Can Center Equity During COVID-19.  The webinar is set for October 6, 2020 from 2-3:30 p.m.  Here's a description of  the webinar.

The COVID-19 pandemic has brought to the forefront longstanding racial disparities in our healthcare system, and data show that older adults – especially older adults of color and those in residential congregate settings – are disproportionately impacted by the virus. Aging advocates play a key role in holding health plans and government agencies accountable to meeting the needs of those most at risk during this time. In this webinar, How Health Plans Serving Dual Eligibles Can Center Equity During COVID-19 , we will provide an overview of dual eligibles and the types of health plans that serve them. We will also present specific programmatic recommendations that advocates can push health plans with dual eligible members in their community to adopt. These recommendations are measures that plans can take to center equity in their ongoing response to COVID-19 and ensure they are meeting the needs of older adults of color during this challenging time.

To register, click here.

Upcoming Virtual Elder Law Symposium

Mark your calendars for the 2020 Schiller DuCanto & Fleck Family Law Center Virtual Symposium: The Current State of Elder Law. The symposium will be October 12, from 10-5:45 edt.  Here's a description about the program

DePaul’s Schiller DuCanto & Fleck Family Law Center is hosting a full day virtual symposium on the area of elder law.  Through various panel discussions with experts in the field, panelists and attendees will explore the intersection of family law and elder law, emergency guardianships, advance directives, public benefits, caregivers, choices in end of life matters, protecting your loved ones from financial exploitation, and LGBTQ Seniors.  There will also be an elder law case law update that you don't want to miss.

Click here for more info and to register.

Webinar on Elder Fraud Prevention and Response Networks – Building Collaboration

The American Elder Abuse Conference announce its webinar, Elder Fraud Prevention and Response Networks – Building Collaboration, on September 17, 2020 at 2 p.m. edt. 

This 90-minute session aims to help establish multi-disciplinary networks (MDTs) and expand the capacity of existing ones to better address the issue of elder financial exploitation. The webinar’s instructors are Jenefer Duane (Senior Program Analyst in the Office of Financial Protection for Older Americans at the Consumer Financial Protection Bureau), and Talitha Guinn-Shaver (the Elder Abuse Multidisciplinary Team Technical Assistant for the Elder Justice Initiative at the US Department of Justice). The event is hosted by the American Elder Abuse Conference, the leading multi-disciplinary national conference dedicated to protecting our elders.

If you need further information, contact the American Elder Abuse Conference at: [email protected].

Click here to register for the conference.

Upcoming in July: AALS/CLEA Virtual Clinical Conference to include Pandemic-Impact Speakers on Clinics that Serve Older Adults

AALS's Clinical Section and CLEA are hosting a free Virtual Clinical Conference that begins Tuesday, July 21, running through Thursday, July 23.  The conference offers two plenary sessions, a webinar, asynchronous videos, large group discussions, small group discussions focued on specific topics or within affinity groups, very timely programs sponsored by Clinicians of Color, and a final community building session.

Jam-packed! -- but also easy to navigate through the virtual platform.  Here's the link to the full schedule.  The sessions will begin each day at noon, Eastern Daylight Savings Time. Register for the Conference here.  

And did I mention it is FREE?!

Elder Law/Disability Law Clinical gurus Martha Mannix (University of Pittsburgh) and Mary Helen McNeal (Syracuse) will be facilitators for three afternoon sessions on "Student Representation of Elderly and Special Needs Clients in Virtual and COVID World" and the brainstorming topics include: 

    1. Discussion on how we might reimagine our encounters with our elderly clientss or clients with disabilities through communications technology or creative reconfiguring of in-person client meetings.

    2. Discussion on the role of students.  Does the COVID-19 emergency require us to restructure or reimagine the role of the clinic student and our supervision of them in light of the challenges presented by remote learning and representation and institutional desires to shield student from risk?

    3. Discussion on whether we might consider altering the nature of our legal work in clinical settings: Is this the moment best met by continuing individual representation or should we turn our ckubucak efforts to addressing systemic issues or engagement in policy advocacy?  

And to add to the intrigue -- the final session of the three-day program includes a Dance Party!  Let your inner "Hairspray" shine! 

Oklahoma Legal Aid Services Update: 3rd Annual Memorial Elder Abuse Symposium Goes Virtual, Starting June 15

This year, the Sonya L. Patterson Elder Abuse Symposium hosted annually by Legal Aid Services of Oklahoma, will take place over the course of several weeks, in bite-size programming, rather than in a single, all-day conference format.  In light of the online setting, the organizers are also able to open up registration and attendance to interested people outside of Oklahoma; however, there are limits on the number who can attend each session, so I recommend registering early. In past years, the symposium has drawn an audience of attorneys, law enforcement and social workers, with CLE credits available.

I'm very pleased for the opportunity to be a speaker this year. In addition to attorneys and judges, the speakers include health care professionals and bankers.  The program honors the life and advocacy of a young Oklahoma public interest attorney, Sonya L. Patterson, who passed away far too soon in 2015, as the result of an accident at the age of just 30. 

Here's the line up for the midday Symposium Webinar Series , with all sessions taking place on Central Daylight Savings Time:

Session 1: Monday, June 15th (11:00 am to 1:45 pm)

1. The Psychic Effect on Victims of Elder Abuse by Family and/or Caregivers- Dr. Nancy Needell, M.D., Weill Cornell Medicine
2. Attorney Responsibility to Client’s Ward or Principal- Rick Goralewicz, Staff Attorney, Legal Aid Services of Oklahoma

 

Session 2: Monday, June 22nd (11:00 am to 1:15 pm)

1. Financial Exploitation of the Elderly- Justice Scott Roland, Oklahoma Court of Criminal Appeals with Elaine Dodd, Executive Vice President/ Fraud Division at Oklahoma Banker's Association and Jennifer Shaw, Oklahoma Securities Commission
2. Extreme Home Takeover: Dealing with the “Concerned Relative”- Katherine C. Pearson, Professor of Law at Dickinson Law, Pennsylvania State University, Carlisle Pennsylvania

 

Session 3: Wednesday, June 24th (11:00 am to 1:15 pm)

1. Elder Abuse General Topic- Stacey Morey, Oklahoma Attorney General’s Office, Chief of Consumer Protection Division
2. Experts: Identifying and Utilizing in Elder Abuse Litigation- Kara Vincent, Attorney, Barber and Bartz

 

Session 4: Monday, June 29th (11:00 am to 1:15 pm)

1. Domestic Violence and Seniors- Melissa Brooks, Staff Attorney at Legal Aid Services of Oklahoma and Gail Stricklin, Attorney at Law
2. Abuse in Institutional Settings- William Whited, State Long Term Care Ombudsman and Nicole Snapp-Holloway, Attorney at Maples, Nix and Diesselhorst

 

Session 5: Wednesday, July 1st (11:00 am to 1:15 pm)

1. Incompetency, Incapacity and Vulnerability- Mark Holmes, Attorney at Holmes, Holmes and Niesent, PLLC, Travis Smith, Attorney at Holmes, Holmes and Niesent, PLLC and Cathy Wood, Adult Protective Services
2. Isolation and Loneliness- Laurel Dinkel, LCSW, Norman, Oklahoma

Click HERE for access to registration information for individual sessions or  the entire series. My thanks to Oklahoma Legal Aid Staff Attorney Rick Goralewicz for the invitation.  

Webinar: State Elder Justice Coalitions

Busy tomorrow, June 2, at 2 edt? Take a break and register for this webinar from DOJ's Elder Justice Initiative. State Elder Justice Coalitions: Informing Services and Influencing Public Policy:

Join us for the webinar, State Elder Justice Coalitions: Informing Services and Influencing Public Policy. With increased attention to elder justice, Elder Justice Coalitions are forming throughout the country. While their composition varies, state Elder Justice Coalitions address such issues as public policy, practice, professional training, and public awareness. Members of the National Network of State Elder Justice Coalitions (NNSEJC) Steering Committee will illustrate examples from coalitions across the nation. Topics include development and structure; priorities and notable accomplishments; sustainability; and the roles of the NNSEJC. Time will be allotted to answer attendee questions. 

Please view our recent article, Building a National Elder Justice Movement, State by State
(pp. 111-116), at: https://online.flippingbook.com/view/185807/112/

Click here to register for this webinar.

Sign Up for This Webinar on Medicare Appeals

The Center for Medicare Advocacy (CMA)  is hosting a webinar on May 13, 2020 at 3 p.m. edt, sponsored by the Christopher and Dana Reeve Foundation. Here's the description:

An overview of the Medicare appeals process from attorneys who have extensive experience handling Medicare appeals. The program will include:

• Medicare rules and requirements;

• Helpful resources to use while preparing a Medicare appeal;

• Appeal tips to help maximize the chance of a successful appeal; and

• Case studies to illustrate the appeals process.

Click here to register for the webinar.

AALS Call for Papers/Presenters on Intersectionality, Aging and the Law

The AALS Section on Law and Aging is joining forces with the Sections on Civil Rights, Disability Law, Family and Juvenile Law, Minority Groups. Poverty, Sexual Orientation, Gender-Identity Issues, Trusts & Estates and Women in Legal Education to host a program for the 2021 Annual Meeting, scheduled to take place in San Francisco in January.  The theme for the program is appropriately broad -- "Intersectionality, Aging and the Law."  

I like this definition of "intersectionality": 

The interconnected nature of social categorizations such as race, class, and gender as they apply to a given individual or group, regarded as creating overlapping and interdependent systems of discrimination or disadvantage.  Example:  "Through an awareness of intersectionality, we can better acknowledge and ground the differences among us."

We need great presenters!  

From Naomi Cahn at George Washington Law:

We are interested in participants who will address this subject from numerous perspectives. Potential topics include gray divorce, incarceration, elder abuse (physical or financial), disparities in wealth, health, housing, and planning based on race or gender or gender identity, age and disability discrimination, and other topics.  The conception of the program is broad, and we are exploring publication options.

If you are interested in participating, please send a 400-600 word description of what you'd like to discuss.  Submissions should be sent to Professor Naomi Cahn, [email protected], by June 2, 2020, and the author[s] of the selected paper(s) will be notified by July 1, 2020.  

AALS is planning on hosting the annual meeting from January 5-9 and I personally feel the overall theme for the conference is apt in these fraught times:  The Power of Words

 

Webinar Series on Elder Abuse

The California District Attorneys Association (CDAA) is offering a series of  five webinars during the last week of April.  The registration is $95 per webinar for non-members.  Information about the webinars and registration info is available here.  Here are the topics:

Elder Scams - Following the Paper Trail	4/27/2020
Expert Witnesses in Elder Abuse	4/28/2020
Accidental Injury or Criminal Elder Abuse?	4/28/2020
Elder Forensics: Over Grandma's Dead Body	4/30/2020
Not Just a Civil Matter - Inv. Complex Financial Elder Abuse	4/30/2020

Two Upcoming Webinars: COVID-19 & SSA and Medicare

Justice in Aging  has announced two upcoming webinars  on important topics. First up is a free webinar on April 10, 2020 on New Policies Related to COVID-19 at SSA  that covers the following:

The Social Security Administration (SSA) has made many changes to its policies and procedures in response to the COVID-19 pandemic. These changes impact all areas of the agency – the local offices, each state’s Disability Determination Service, and the hearing offices. This webinar will provide an overview of these changes, and offer suggestions for how advocates can interact with SSA during this unusual time.

Registration info is available here,

The second webinar, on April 14, 2020 covers Medicare and COVID-19.  Scheduled for 2 p.m. edt, this webinar will cover "The Centers for Medicare & Medicaid Services (CMS) and new legislation have changed many of the rules in Medicare to respond to COVID-19. This webinar will focus on the changes to Medicare that most impact low-income older adults."

To register for this webinar, click here.