Trusts and Estates

Third Annual Financial Elder Abuse Symposium

Trusts and Estates Financial Elder Abuse
Financial Elder Abuse Symposium graphic

This event has been postponed. Please stay tuned as we will be presenting this program again in the near future.

Friday, March 20, 2020

McGeorge School of Law
3200 5th Avenue
Sacramento, CA 95817

Earn 7.50 Hours of MCLE Credit; Includes Legal Specialization

Schedule | Essential Info | Brochure | Registration Form

Schedule

Registration Open 8 a.m. – 5:30 p.m.

8 a.m. – 8:30 a.m. | Continental Breakfast

Continental breakfast provided.

8:30 a.m. – 10 a.m. | Overview of Financial Elder Abuse: Detecting Undue Influence and Potential Abuse, and the Investigation of Financial Elder Abuse of Seniors

This panel will define financial exploitation and abuse, and address indicators of financial abuse, the investigation of frequently reported financial abuse allegations, the roles of district attorneys, civil litigators, and victim advocates. Also included, the approach of financial institutions to detecting, handling and reporting suspected financial elder abuse of seniors.

Speakers:

  • Aaron Cadore, Adult Protective Services, Sacramento
  • Courtney Linn, Esq., General Counsel, Golden One Credit Union, Sacramento
  • Prescott Cole, Esq., Senior Staff Attorney, California Advocates for Nursing Home Reform, San Francisco
10 a.m. – 10:10 a.m. | Break

Break

10:10 a.m. – 11:40 a.m. | Delusions’ Impact on Testamentary Capacity & Susceptibility to Undue Influence

This panel will cover the impact of delusions on testamentary capacity and susceptibility to undue influence, reviewing relevant statutes and case law from the perspective of the planner, physician, litigator and judicial officer.

  • Honorable Reva G. Goetz (Ret.), Los Angeles County Superior Court, Alternate Resolution Centers (ARC)
  • James E. Spar, M.D., Professor Emeritus, Department of Psychiatry and Bio-behavioral Sciences, UCLA David Geffen School of Medicine
  • Mary K. deLeo, Esq., Weintraub Tobin, Sacramento
  • Christopher D. Carico, Esq., Carico Macdonald Kil & Benz, El Segundo
11:40 a.m. – 12:30 p.m. | Lunch

Lunch.

12:30 p.m. – 2 p.m. | In Defense of Conservatorship Law and the Value of Protective Proceedings

This panel will focus on certain current public misconceptions about conservatorship law and related criticisms, answers to those concerns focused on the purpose of the law and how it can in many cases provide a critical safety net for elders in need of assistance for their welfare. The panelists intend to discuss practical advantages associated with judicial oversight focused on ensuring often vulnerable seniors are protected. Specifically, they will discuss how conservatorships can ensure those around conservatees are in fact providing agreed upon care and or in preventing elder abuse. The panelists will also discuss the revision of the Judicial Council’s Capacity Declaration form. Finally, the panelists will discuss recently enacted conservatorship legislation.

Speakers:

  • Honorable David J. Cowan, Los Angeles County Superior Court
  • Honorable Jayne C. Lee, San Joaquin County Superior Court
2 p.m. – 2:15 p.m. | Break

Break.

2:15 p.m. – 5:30 p.m. | Litigation Tools: The Nuts And Bolts Of A Civil Financial Elder Abuse Claim

This session includes a 15-minute intermission

This panel will provide a comprehensive overview of the litigation process including: Pleadings (Standing, Statue of limitations, Where to file (civil v. probate, jury v. bench), Immediate relief (TROs), Responses (demurrers, motions to strike, evidentiary hearing on TRO) and affirmative defenses), Discovery (3rd Party subpoenas, Written discovery, Depositions (party and non-party lay witnesses), Expert Retention and Disclosure (reports and depositions)), Mediation/MSC (Proper case and client preparation, Brief, Settlement Agreement), Trial (Pretrial motions, Motions in limine, Opening, Witnesses, Exhibits, Use of technology as evidence, Closing), Statement of Decision, Judgment, and Appeal.

  • Honorable David J. Cowan, Los Angeles County Superior Court
  • Daniel I. Spector, Esq., Law Office of Daniel I. Spector, Sacramento
  • Ciaran A. O’Sullivan, Esq., Law Office of Ciaran O’Sullivan, San Francisco
  • Nicholas Van Brunt, Sheppard Mullin Richter & Hampton LLP, Los Angeles
  • Erin A. Norcia, Esq., Temmerman, Cilley & Kohlmann, LLP, Danville

Essential Information

Program package includes 7.50 hours of MCLE credit, 7.50 hours of Estate Planning, Trust, and Probate Law Legal Specialization credit, program materials on a USB drive, continental breakfast and lunch.

HOW TO REGISTER

  • Register Online Here
  • Send this form to: Program Registrations, California Lawyers Association, 400 Capitol Mall, Suite 650, Sacramento, CA 95814
  • Email Program Registrations at ProgramRegistrations@CAlawyers.org. In order to email your registration, credit card information is MANDATORY. (Photocopies of checks will NOT be accepted.)

Registration Fees

In order to pre-register, your form and check, payable to California Lawyers Association, or credit card information, must be received no later than Friday, March 13, 2020.

  • $315 Current Trusts and Estates Section Members
  • $410 Non-Section Members (Includes enrollment in the Trusts and Estates Section)
  • $215 CYLA Members and Students (Non-Attorney)

On-site registration will be on a space-available-basis. Call 916-516-1757 to confirm space availability. Registration fees will not vary between preregistrations and on-site registrations.

Program Materials

Registrants will receive a USB storage device with an electronic version of all program materials the day of the conference. Before the conference, registrants will receive a link with information on how to review and download the program materials. It may be helpful to review a program’s reference material before the conference. This website is not available to the public, and access is given only to conference registrants. Late-breaking supplemental materials not available before the conference will be added to the website at a later date.

Cancellations & Refunds

Cancellations and requests for refunds must be received in writing no later than Friday, March 13, 2020 and are subject to a $50 service charge. Refunds will not be available after March 13, 2020.

Special Assistance

For special assistance please call 916-516-1755.

Questions

For registration information please call 916-516-1757. For information regarding the program or the Trusts and Estates Section please call 916-516-1755.

The California Lawyers Association is an approved State Bar of California MCLE provider.

This event may be recorded. By attending this event, you consent to be photographed, filmed, and/ or otherwise recorded, and to any use, by the CLA, of your likeness, voice, and name in any and all media including social media. If you do not want your name or photo to be used, please let us know in advance. We cannot, however, honor requests to opt out of the use of your image or voice if you choose to ask a question during one of the event sessions.

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Enter the email associated with you account. You will then receive a link in your inbox to reset your password.

Personal Information

Select Section(s)

CLA Membership is $99 and includes one section. Additional sections are $99 each.

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