One or more presenters to be selected from Call for Papers.
While many aspects of an estate and trust practice harmonize with an elder law practice, the fit is not always perfect: there are some distinct legal, practical, and ethical issues about which attorneys from the two disciplines often have conflicting views. In many law schools, where classes in both areas are offered as electives, the professors who teach one of the topics never talks to the professors who teach the other, and students are often left wondering how to reconcile the different planning, litigation, and counseling strategies taught in each class. This joint session is designed to help teachers in one area better understand the other so that all of us can improve our syllabi, forms of instruction, selection of guest instructors, and methods of assessment to better reflect the skill set needed by future attorneys. The first panel will look at mental capacity issues and conflicts between typical provisions of estate and trust documents and elder law documents. The second panel will explore conflicts of interest faced by family members who are beneficiaries named in trust and estate documents and are also agents, guardians or conservators under documents such as durable powers of attorney and as court appointed fiduciaries. The third panel will highlight some emerging conflicts with trust protector clauses in trust and estate documents with the needs of the grantor while still alive and possibly in need of expensive long term care management.
Business Meeting at Program Conclusion.