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Elder Law Fundamentals (CA)
Audio program! (check our CLE Programs page for live versions)
The needs of your elderly clients differ from the norm. There is estate planning, fiduciary services, public benefits, incapacity planning, and care plans to name a few. Please join us to learn the fundamentals of elder law, including how to advise trustees and serve as a professional conservator or private fiduciary.
In our program you will also learn about public benefits, including Medi-Cal, VA, and Medi-Cal recovery to help guide your clients in their golden years.
This program promises to provide strategies and guidelines to boost your elder law practice.
This program was recorded in 2014.
Do you want to improve your public speaking skills? Get Faith Pincus’ newly published book Being Heard: Presentation Skills for Attorneys, from the ABA now (ABA members receive 10% off). It is also available on Amazon in Kindle and paperback versions.
What You Will Learn
- Intro & Fiduciary issues raised by Marguerite Lorenz Chart & Estate Planning / Incapacity Planning
- Needs of the Elderly Client: Attorney Ethics of Dynasty Estate-Planning, Advising Trustees, Serving as a Professional Conservator/Private Fiduciary
- Fiduciary Services, Financial Abuse & Exploitation. Civil and Criminal Issues
- Fiduciary services for trust and agency accounts
- Protecting Seniors from Financial Abuse: How financial institutions and professional advisors can work together
- Litigating financial abuse
- Criminal Law
- VA and Aid & Attendance Eligibility/ Benefits Eligibility
- What constitutes traditional definition of ‘Long-Term Care”?
- How much does it cost?
- How does a family pay for it?
- VA has a pension that works just like LTC insurance, called Aid & Attendance.
- Medicare has a Skilled Nursing Facility benefit
- Medi-Cal has a Long-Term Care component.
- Practitioner Guidelines
- Care Plans
- How client’s future care needs will be met
- Should the client’s plan be front-loaded or evenly spent
“I have utilized all of the service providers that I noted in the survey and truly felt I received great service from each. My favorite continuing legal education seminar provider, Pincus Professional Education is particularly noteworthy though. I have attended about five Pincus seminars. Each was phenominally packed with useful content and had presenters/speakers of the highest skill level. I would unhesitatingly recommend Pincus to other lawyers and am already planning my next couple of seminars with this CLE provider.” – Quote from The Recorder’s ‘Best of CA 2013′ survey.
Barbara Bangs, Esq.
Attorney at Law
Barbara Bangs has been a practicing attorney for 20+ years and, since 2002, has focused her attention on the field of elder law. Her company, LAWSolutions (Legal, Asset & Wealth Solutions), is a boutique law firm providing legal and tax advice to the elderly and their families.
The this type of legal work is called "asset preservation" and it allows families to save thousands of dollar on skilled nursing home expenses every year. It also helps them save their home from creditor liens and to pass on a legacy to their heirs.
Barbara earned her juris doctor in law from Santa Clara University in 1992, spending four years in their part-time program, while working full time in the hospitality sales and service industry. Thereafter she continued her legal education at Golden Gate University, again while working full time in her own law practice, earning a masters of law in taxation (LLM-Tax) and graduating with honors.
Barbara began her legal career as a solo practitioner providing legal services in the area of transactional law, estate planning and bankruptcy, however, she was soon recruited to serve as Senior Vice President, Chief Legal Counsel, and then going on to serve as the Chief Operating Officer, for a Silicon Valley start-up company associated with the healthcare field.
As the Chief Legal Counsel, Barbara incorporated dozens of affiliated companies, drafted and negotiated all of the employment contracts and land leases, and supported the human resources function for the 100+ staff and licensed professionals the company employed. Thereafter, as COO, she would over-see the day to day operations of the parent company, and each of the affiliates located in eleven separate facilities all around the Bay Area, interfacing with the doctors, managers and corporate staff and achieving increased productivity and profitability month over month.
Instead of retiring, after successfully participating in the sale, of the privately held start-up, to a much larger public company, Barbara continued her education and obtained her Series 6 & 7 licenses and her insurance license; this is when she developed her interest in assets preservation as it related to estate planning and elder law. Although not currently licensed to sell financial products, this background allowed Barbara to further her understanding of investing and asset management.
During her 10+ years working as an elder law attorney, every family who employed Barbara, to facilitate their receipt of long-term care Medi-Cal benefits, has had their application approved. She has also never lost a Fair Hearing and, recently, she successfully settled an Administrative Writ of Mandamus against the California State Department of Health Care Services recovering ,000.00+ in wrongfully assessed share of cost (SOC) payments for her elderly clients.
She is currently developing a series of manuals and seminars, specifically aimed at educating attorneys in the area of elder law, asset preservation and Medi-Cal, which should be available for purchase in 2014.
Clare R. Ceplecha, Esq.
Senior Vice President, Senior Trust Officer
Clare has over 25 years of experience handling Estate, Trust, Probate, Tax, ERISA, banking and investment matters in positions working in banking, a premier pension consulting firm, a national tax law firm in Los Angeles, and as a solo practitioner in private law practice since 2003.
Clare’s law practice focused on Estate Planning and Special Needs Trust Planning, Trust and Decedent Administration, Probate, Conservatorships and Guardianships. She acquired a comprehensive knowledge and understanding of trust and probate law from experience gained from preparing 300+ estate plans including living trusts, wills, special needs trusts, powers of attorney, advance healthcare directives, and irrevocable trusts such as life insurance trusts. In addition, she developed an extensive base of recurring and new clients by building strong relationships with professionals, married persons, domestic partners, seniors, multi-generational and blended families and business owners.
Clare was appointed by the Los Angeles Superior Court to the Probate Volunteer Panel representing seniors and developmentally disabled clients in probate and limited conservatorship proceedings. She performed special needs trust planning for disabled persons and represented court supervised special need trust fiduciaries.
Prior to opening her law practice, Clare gained extensive fiduciary knowledge at nationally reputed ERISA and tax law firm by researching and writing analysis regarding fiduciary standards for investments and trustee compliance for nationally known publications such as “The Pension Answer Book” and “The Fiduciary Answer Book”.
After law school, Clare was recruited by a firm in Austin, Texas as the Vice President of Operations which offered recordkeeping and administrative services to defined contribution plans such as 401(k), money purchase and ESOP plans with a total asset base of + billion.
While going to law school in the evenings; Clare worked at US Bank as a trust accountant with the goal of becoming a trust officer upon completion of her JD. Clare received her Juris Doctorate in 1993 from William Mitchell College of Law, St. Paul, Minnesota and her B.A. in Financial Management 1986 from the University of St. Thomas, St. Paul, Minnesota.
Clare was admitted to California Bar as a Member in 2002 and to the Minnesota Bar as a Member in 1993.
Clare lives with her two teenage children and their dog, “Gunner”, in La Canada. Clare and her children love to participate in triathlons and each have competed in over 25 races from San Diego to Monterey Bay.
Christopher B. Johnson, Esq.
Attorney at Law
Law Offices of Christopher B. Johnson
Christopher B. Johnson focuses his practice on the areas of trusts, wills, estate planning, probate and trust litigation and elder law. He is based in Pasadena and is of counsel to the Skapik Law Group in Chino Hills.
He is a 1994 graduate of Pepperdine University School of Law in Malibu, California. He was a Dean’s Scholar, and an extern at the legal department of Toyota Motor Sales, U.S.A., and for the Honorable Barry Russell, Judge of the U.S. Bankruptcy Court and Bankruptcy Appellate Panel. He graduated with a Bachelor of Arts in Communications from Wheaton College in 1991. He is admitted to practice in all California state courts and the United States District Court, Central District.
Prior to establishing his own practice, he was a Senior Vice President and Senior Trust Officer with U.S. Trust, serving Southern California high net worth and ultra high net worth families in their wealth transfer planning and with trust services. Before U.S. Trust, he was a founding member of the Arroyo Law Group, Russakow | Ryan | Johnson, and his own estate planning and probate practice in Pasadena, as well as a civil litigation lawyer for the Law Office of Errol Berk in Ventura. He has appeared on NBC-TV news and radio programs to discuss estate planning and probate issues and is a frequent speaker to attorneys and community groups, and has just been named to MyLawCLE’s advisory board. He is a member of the Trusts & Estates sections of the Los Angeles County and Pasadena Bar Associations, the City of Hope Music and Entertainment Industry Committee and the board of the Cancer Support Community – Pasadena.
He is also the proud father of two sons and enjoys biking, tennis, traveling and architecture appreciation in his spare time. He is a Southern California native, having grown up in Arcadia and Palm Springs, and is the third generation of his family to work in estate planning.
Michael McGuire, Esq.
Attorney at Law
California Elder Law Center
Michael McGuire’s depth of experience is unique and has proven very valuable to the clients of the California Elder Law Center and in his role as an active advocate for seniors on the national and state level.
McGuire was born and raised in Pittsburgh, Pennsylvania, received his college education at Arizona State University and went to law school in West Los Angeles.
McGuire is a recognized speaker, having appeared on television and addressed national audiences on senior issues. His radio show, “Elder Answers” is currently on KPSI 920AM, Sunday@10:00am and KWXY 1340AM, Saturday@ 8:30 and MoneyTalk 1200AM, Saturday 10:00am. “Elder Answers” was also on KRLA 870AM and Charter Cable in Long Beach, Ca.
A great believer in our duty to be of service to others, McGuire is active within his community and profession and speaks regularly before seniors throughout California. In addition, he provides leadership and educational experiences for professionals serving the needs of seniors.
McGuire has been a member of the State Bar of California’s Speaker Bureau and provided continuing education sessions for other attorneys through the National Academy of Elder Law Attorneys (NAELA) in Washington, D.C., San Francisco and San Diego and Los Angeles. He has also provided educational sessions for professionals throughout So. California, including CPAs and Enrolled Agents, financial representatives, medical personnel, hospitals and physician groups. McGuire served a three year term on the California Department of Insurance’s Curriculum Board, a member of workgroups that created the current educational outlines for annuities and long-term care insurance training standards for California. He has served at the state and national level for National Academy of Elder Law Attorneys, been a member of the Annuity Task Force of NAELA, served as the president of the So. California Chapter of the National Academy of Elder Law Attorneys (NAELA) and has held many elected offices within that organization. In additional, he has organized and presented the largest national meeting for attorneys based upon diversity for the benefit of NAELA. As a member of the LA County Bar Association, he has served on the Elder Law Committee and the Veterans Committee.
An advocate for seniors, the disabled and veterans in California, McGuire, as the Chairman of the Joint Advocacy Committee for California NAELA since 2004, has participated in on-going efforts to protect benefits and entitlements in California, participating in meetings in Sacramento and teleconferences with DHCS management and leadership. McGuire was chosen as the Member of the Year by the Northern California and Southern California Chapters of NAELA in recognition of his advocacy effectiveness and success. McGuire is a member of the Life Care Planning Law Firms Association, seeking to create a better outcome for seniors and the families caring for them. McGuire was a member of the National Organization of Veterans Attorneys (NOVA) and is accredited by the Veterans Administration to represent vets and their spouses before the Veterans Administration and frequently volunteers his own time and that of his organization to serve the needs of veterans and their families in So. California.
Under the leadership of McGuire, the So. California Chapter of the National Academy of Elder Law Attorneys has expanded membership, professional training programs and positioned itself at the leading edge of safeguarding the rights of seniors and the disabled by his participation in regular stakeholders meeting with high ranking government agency management, ever vigilant as to the actions of government.
McGuire has litigated aggressively against the DHCS, winning major cases that preserve the rights of seniors and the disabled, assuring that the law is followed in every instance.
In his community, McGuire has served in service organizations for over thirty years. He has been president of the Kiwanis Club of Long Beach and currently serves as the Chair of the Endowment Fund and participated in international meetings to serve the needs of children. He served as a member of the Board of the Community Hospital Foundation and worked on that Board’s Executive Committee for two years. After a three year term as president of the Beacon House in San Pedro, he was recognized by elected officials from the City of Los Angeles, the County of Los Angeles and the State of California. McGuire served as the first non-medical professional on the Southern California Organ Procurement Committee and the Regional Organ Procurement Association.
McGuire and the California Elder Law Center specialize in obtaining entitlements to pay for the quality of care seniors facing long-term care issues need. McGuire is also an expert in helping seniors protect their homes from liens, legally keep their life savings and obtain the best possible care. Over the years, the firm has developed unique resources and insights into senior issues, including Alzheimer’s disease and dementia issues. Under McGuire’s leadership, the California Elder Law center has now expanded in the Coachella Valley with offices in Palm Springs and Palm Desert.
McGuire, and his wife, Vivien, also an attorney, currently live in Long Beach and La Quinta. His son, Sean, joined the firm as a Veterans Benefits Coordinator, providing counseling and services to veterans.
Carol A. Peters, Esq.
Attorney at Law
Law Office of Carol A. Peters
Check back soon for a full biography!
For more than 30 years, Carol A. Peters, Esq. has represented a diverse array of clients throughout Los Angeles and the surrounding counties as an attorney in civil matters. An elder law attorney in Pasadena, California, Carol Peters, Esq. has more than 11 years of Department of Public Social Services (DPSS) experience making welfare eligibility determinations for Medi-Cal and Medic-Aid cases. She serves as an attorney and counselor at law representing clients throughout Southern California. She also serves as a teacher at California State University in Fullerton, an expert witness and mediator.
Carol Peters’ practice areas include Bioethics; Elder Law; Estate Planning Documentation; Estate Settlement for Fiduciary Clients and Heirs; Real Property; and Legal Ethics & Professional Responsibility.
Audio Course and Materials Package – Download: $425
Audio Course and Materials Package – CD: $425
CDs: plus $8.50 shipping and, in CA, sales tax.
CA General: This program is approved for 6.0 units of general CLE in California.
CA Certified Legal Specialist: This program is approved for 5.75 units of Certified Legal Specialist CLE in California in Estate Planning Law as follows:
- A: 3.5 hours; B: 1.00 hours; D: .75 hours; E: .50 hours.
This program is approved for CLE in the states listed above. Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.
Terms and Policies
Recording policy: No audio or video recording of any program is permitted.
Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.
Substitutions may be made at any time.
Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available. Conversions to CD require a $8.50 shipping fee, and in CA, 9% sales tax.
Downloads/CDs/DVDs – Refund policy:
Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.
Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.