Legal Assistance for Seniors 11th Annual Conference on ... · Legal Assistance for Seniors 11th Annual Conference on Elder Abuse | 5 9:00 – 10:45 AM Opening Remarks and Keynote

Legal Assistance for Seniors 11th Annual Conference on Elder Abuse | 1

Legal Assistance for Seniors

11th Annual

Conference on

Elder Abuse

Tuesday, May 17, 2016

UC Hastings College of the Law

San Francisco, CA

Conference presented by


in collaboration with the

UCSF/UC Hastings Consortium on

Law, Science and Health Policy

2 | Legal Assistance for Seniors 11th Annual Conference on Elder Abuse

Welcome to the 11th Annual Conference on Elder Abuse

Thank you for joining us for the 11th Annual Conference on Elder Abuse. In addition to the educational opportunities this conference affords, we hope that you take advantage of the opportunity to connect with the people around you to cultivate possibilities for future partnership and collaboration. By working together, we can provide a safer and more secure future for seniors.

The 11th Annual Conference on Elder Abuse Conference is organized by Legal Assistance for Seniors in collaboration with the UCSF/UC Hastings Consortium on Law, Science and Health Policy.

We are also grateful for the generous support of our sponsors, partners, and volunteers, without whom this conference would not be possible.

Continuing Education Credit Information

To receive continuing education credits for a session, sign in at each class you attend on the appropriate sign-in sheet. See Addendum for additional CE information. If you have concerns about your credits, ask at the conference registration table or contact the CE Coordinator at [email protected] or 510-832-3040 x 311.

Win Valuable Prizes Today!

Make sure to get an Exhibitor Passport Stamp game (available at the registration desk if you don’t find a sheet in your tote bag) and stop by exhibitor tables for the chance to win prizes! Winners will be selected in a random drawing during the afternoon break, so turn in completed sheets by 3:00 pm to be entered for a chance to win!


Legal Assistance for Seniors' mission is ensuring the independence and dignity of seniors by protecting their legal rights through education, counseling, and advocacy. LAS attorneys and advocates work in the areas of Elder Abuse, Guardianship of Minor Children, Public Benefits, Health Law, Naturalization, and Conservatorship. LAS also operates Alameda County's Health Insurance Counseling and Advocacy Program (HICAP) to provide free counseling to Medicare-eligible individuals, and our Community Education and Outreach program educates thousands of seniors, caregivers, and service providers each year.

In addition to providing free legal assistance, community education, and health insurance counseling to the seniors of Alameda County, LAS is committed to providing dynamic and cutting-edge trainings to professionals who serve the senior community. LAS is proud to announce a series of educational trainings held throughout the year to complement the Conference on Elder Abuse. These trainings will be presented by the leaders in the legal and other fields related to senior care on a broad array of topics. For more information, please visit the LAS website at www.lashicap.org or call our office at 510-832-3040.

With your help, LAS can help even more seniors in our community secure their income, obtain medical services, and protect themselves from abuse. To learn more about our services, join our mailing list, or to lend a hand by donating or volunteering, please visit our website at www.lashicap.org. LAS is a 501(c)(3) public charity.

UCSF/UC Hastings Consortium on Law, Science & Health Policy

The Consortium is a joint initiative of UC San Francisco and UC Hastings College of Law to create and facilitate interdisciplinary collaborations in three core and intersecting areas: education, research, and service. The Consortium develops innovative approaches to cutting edge issues which lie at the intersections of science and law. It seeks a fresh understanding of

the institutions, policies, and practices that shape the lives of professionals working in science and law, and of the public they ultimately serve.

http://www.lashicap.org/

http://www.lashicap.org/


Conference at a Glance

8:00 – 9:00 AM

LBM: Registration & Breakfast

– Coffee sponsor: Susan E. Firtch

9:00 – 9:15 AM Opening Remarks

LBM: Welcome and Opening Remarks

– James Treggiari, Executive Director, LAS

– Sarah Hooper, J.D., Executive Director & Adjunct Professor of Law, UCSF/UC Hastings Consortium on Law, Science & Health Policy

9:15 – 10:45 AM Keynote

LBM: Hoarding Behavior in Older Adults

– Michael A. Tompkins

10:45 – 11:00 AM Morning Break

11:00 AM – 12:30 PM Breakout Sessions

A: Elder Abuse Prevention and Professional Ethics for Attorneys, Fiduciaries, and Real Estate Professionals

– Susanne B. Cohen

– Andrew de Vries

– Julie Menack

B: Undue Influence, Capacity & Over-Medication: Messy Tales from the Front Lines

– Nancy Hoffman

– Elizabeth Landsverk

C: The Big Business of Trust: Standing up for Elders in a For Profit World

– Michael Molland

F: Mediating an Elder Abuse Case

– Bette Epstein

– Hon. Marshall Whitley (Ret.)

12:30 – 1:30 PM Lunch

LBM: Networking Lunch

1:30 – 3:00 PM Breakout Sessions

A: The Latest Research and Prevention Models on Various Forms of Elder Abuse

– Marti DeLiema

– Julie Schoen

B: Probate Conservatorship (A Public Guardian Perspective)

– Jennifer Stephens-Pierre

C: Estate Planning and Probate Litigation- Where is the Connection?

– Ernest F. Der

– Matthew P. Matiasevich

3:00 – 3:15 PM Refreshment Break

– Sponsored by Michael Stephens, Realtor, Probate, Trust & Estate Specialist

3:20 – 4:50 PM Breakout Sessions

A: Undue Persuasion and Free Will in Financial Elder Abuse: Insights of Psychological and Neurobiological Studies into the Assessment of Elder Abuse Claims

– Dominic J. Campisi

B: Building an Elder Justice Movement in California and Beyond

– Lisa Nerenberg

– Shawna Reeves

C: Litigating in Probate Versus Civil Court: Factors to Consider

– Anne Marie Murphy

– Melissa R. Karlsten

Check signs and Addendum for schedule or room changes. LBM Auditorium and Rooms A and B are on the first floor.

Rooms C and F are on the second floor.


11th Annual Conference on Elder Abuse


9:00 – 10:45 AM Opening Remarks and Keynote

Hoarding Behavior in Older Adults

Hoarding disorder (HD) is the acquisition and failure to discard a large number of possessions that appear to be useless or of limited value in an attempt to postpone or decrease distress or anxiety. Hoarding disorder, as well as other hoarding behaviors, is a serious and growing problem that can lead to eviction, homelessness, and death, and comprises some 40% of the hoarding complaints to local health departments. Those most at risk are frail older adults with poor physical and social capacity who live in these highly cluttered and unsafe environments. Furthermore, those with the problem often have other psychiatric disorders as well as little awareness of the consequences they face living in a hoarded environment. In the keynote lecture, Dr. Tompkins will define hoarding disorder and describe other psychiatric conditions in which hoarding behaviors can be a problem for older adults. He will review the particular factors that increase the harm potential for older adults who hoard and live in highly cluttered environments. He will then describe signs that older adults may struggle with hoarding behaviors and the current options for helping older adults who are at risk.

Session Objectives Attendees will be able to define hoarding and hoarding disorder.

Attendees will be able identify factors that influence harm potential.

Attendees will able to describe current interventions to assist older adults who hoard.

Keynote Speaker:

Michael A. Tompkins, Ph.D. Co-Director, San Francisco Bay Area Center for Cognitive Therapy, Assistant Clinical Professor, University of California, Berkeley, CA

Michael A. Tompkins, Ph.D. is a licensed psychologist (PSY 13822) and co-director of the San Francisco Bay Area Center for Cognitive Therapy where he specializes in the treatment of anxiety disorders and obsessive-compulsive spectrum disorders in adults, adolescents, and children. Dr. Tompkins is Assistant Clinical Professor at the University of California, Berkeley, Diplomate and Certified Supervisor of the Academy of Cognitive Therapy, and a supervisor and adjunct faculty member for the Beck Institute for Cognitive Behavior Therapy. He is the author or co-author of numerous articles and chapters on cognitive-behavior therapy and related topics, as well as seven books, including Digging Out: Helping Your Loved One Manage Clutter, Hoarding, and Compulsive Acquiring (with Tamara L. Hartl) (New Harbinger, 2009) and the Clinician’s Guide to Severe Hoarding: A

Harm Reduction Approach (2015), a book for clinicians who work with people with severe hoarding behavior. Dr. Tompkins has been featured in The New York Times, The Wall Street Journal and on television (The Learning Channel, Arts & Entertainment) and radio (KQED, NPR) and has presented widely on cognitive behavior therapy, hoarding, and related topics. He is the recipient of 2013 Lifetime Achievement Award from the Mental Health Association of San Francisco.



11:00 AM – 12:30 PM Breakout Session: Room A

Elder Abuse Prevention and Professional Ethics for Attorneys, Fiduciaries, and Real Estate Professionals

Attorneys, professional fiduciaries, case managers and real estate professionals are essential in helping prevent elder abuse. Find out more about governing ethics for these professionals that can help keep elders safe from abuse. Topics covered include identifying the client and duties owed to the client including confidentiality, how to maintain confidentiality, mandated reporting of elder abuse, identifying potential conflicts and avoiding actual conflicts between professional and client, communicating with clients and mandatory disclosures, rules governing fees and service agreements, and where to find out if a professional is licensed and how to make ethics complaints.

Session Objectives

Learn ethical requirements for attorneys, professional fiduciaries, case managers, and real estate professionals in serving elder clients.

Learn what statutory and other ethical guidelines apply, what licensing authority governs each profession and how to lodge complaints.

Analyze and discuss how specific ethical issues arise in serving elder clients and working with other professionals on cases.

Attorneys can receive MCLE 1.5 hours of subfield credit for Legal Ethics for attending this session.

Speakers

Andrew de Vries, MBA Probate, Estate, Trust and Conservatorship Real Estate Broker

Andrew provides expert real estate sales for private and professional fiduciaries in all major San Francisco Bay Area counties. With more than 600 successful fiduciary sales over the

past decade, Andrew has unparalleled experience in initial case evaluation, property preparation and sales strategy for all parties involved (including difficult family members and tenants), and how to negotiate the highest sales price while limiting the fiduciary's liability.

Susanne B. Cohen, J.D. Law Offices of Susanne B. Cohen

Susanne B. Cohen, an attorney in private practice in San Francisco and Berkeley specializes in conservatorships and trust administration, elder financial abuse and trusts and estates litigation, and public benefits and estate planning.

She is an author for legal publishers Continuing Education of the Bar (CEB) and Matthew Bender with chapters in CEB’s California Elder Law Resources, California Conservatorship Practice, and Complete Plans for Small and Mid-Sized Estates and Matthew

Bender’s California Trust Litigation, and California Pleading & Practice.

A former legal services attorney, she was a staff attorney at Legal Aid of San Jose, Legal Assistance for Seniors in Oakland, California Rural Legal Assistance in Modesto, and The Arizona Center for Disability Law. She received her B.A. degree from Vassar College in 1984 and her J.D. from Loyola Law School of Los Angeles in 1989.

Julie Menack California Licensed Professional Fiduciary (CLPF), Certified Care Manager (CMC), MA Gerontology, 21st Century Care Solutions

Julie is a Certified Care Manager and a California Licensed Professional Fiduciary. Julie’s calling comes from a deep

commitment to supporting an individual’s quality of life, independence, and dignity and providing trusted management of a person's estate plan. She is a devoted advocate and works to provide each client with a holistic plan of care that includes both personal and financial support. Julie holds an MA degree in Gerontology and has written and presented on elder abuse, long distance caregiving and the use of technology to assist individuals with issues of safety, health monitoring, and communication. Julie holds a Masters Degree in Gerontology from San Francisco State University and Certificates in Fiduciary Management from California State University at Fullerton.


11:00 AM – 12:30 PM Breakout Session: Room B

Undue Influence, Capacity & Over-Medication: Messy Tales from the Front Lines

Over-medication in issues of capacity and undue influence: does he have capacity if he is snowed by medication? When the family members are the perpetrators, how do you get your client out of trouble? Capacity, medication & divorce: Can she leave him when he is so debilitated? He's illiterate and he failed the neuropsychological testing: Does he really lack capacity? Who is best suited to perform a capacity evaluation? (Hint: It's not the primary care physician and here's why.)

Session Objectives Participants will be able to identify at least two risk factors for undue influence.

Participants will be able to give a basic definition of undue influence.

Participants will be able to understand the role of overmedication in cognitive issues and potential undue influence with a client.

Speakers:

Nancy Hoffman, PsyD Geriatric Neuropsychologist

Nancy Hoffman PsyD is a geriatric neuropsychologist with a specialty practice focusing on consultation and assessment in forensic cases involving issues of mental capacity, undue influence, and financial abuse in the older adult. She has

offices in San Rafael, Santa Rosa, and Vallejo. She also works part time as the senior staff neuropsychologist at Kaiser Permanente in Union City.

Elizabeth Landsverk, MD Adjunct Clinical Professor at the Stanford University School of Medicine, Founder of ElderConsult Geriatric Medicine

Elizabeth Landsverk, MD, has over twenty years of experience providing medical care to the elderly. She is board-certified in Internal medicine, Geriatric

medicine and Palliative care medicine. Dr. Landsverk founded ElderConsult Geriatric Medicine, a house calls practice, to address the challenging medical and behavioral issues often facing older patients and their families. Dr. Landsverk is an Adjunct Clinical Professor at the Stanford University School of Medicine. She is also currently the Medical Director at Silverado Senior Living in Belmont and has been a Hospice Medical Director. She is the Medical Advisor for the Stanford Red Barn “Connected Horse” Research Study for people with early stage dementia. As a House Calls

Geriatrician, she collaborates with local physicians to address the needs of complicated vulnerable elders to alleviate pain, agitation and discomfort through the utilization of geriatric and palliative care techniques. Dr. Landsverk is a graduate of Stanford University and trained at Cambridge Hospital, Harvard University.


11:00 AM – 12:30 PM Breakout Session: Room C

The Big Business of Trust: Standing up for Elders in a For Profit World

To understand and address corporate abuse of elders, one must follow the money that fuels it. This presentation examines the home care, residential facility and nursing home businesses from this perspective. It examines the conflict of interest at the core of the corporate care business, which sets the fiduciary duty corporations owe those they care for against the fiduciary duty the same corporations owe their shareholders to profit from that care. These conflicts of interests are discussed through legal theories of tort, unfair competition, constructive fraud and consumer remedies that apply to corporate litigation, in general, and elder abuse, specifically.

Session Objectives

How to follow the money: Why Elder Care is now Corporate Care and how these enterprises aggregate resources and capital to profit from the trust the aged must place in them

How to spot enterprise fraud: The conflicts of interest at the heart of the trust and fiduciary businesses that serve elders and how these conflicts fuel its abuses

Six legal tools to defend elders from corporate abuse: The principles of fiduciary duty, constructive fraud, unfair competition, consumer remedies, and their connection to the two primary elder abuse statutes in California

Speaker:

Michael Molland Trial Attorney, Molland Law

For over two decades Michael was a trial lawyer at two of America’s largest corporate law firms. There he was lead trial counsel in over forty trials, going to final verdict in twenty and amassing 150 weeks of jury trial experience. He was one of the

plaintiff trial lawyers in the historic Fibreboard and Western MacAuthur insurance coverage litigations which resulted in some of the largest reported insurance recoveries in California, totaling many hundreds of millions of dollars. He has been the lead trial lawyer in cases resulting in several reported decisions, including most recently in O'Neil v. Crane Co. 53 Cal. 4th 335 (2012).

In 2013 Michael started his own firm, Molland Law, in order to use his trial skills as a corporate lawyer to help the most vulnerable in our Bay area communities, seniors and the families who care for them. He continues to practice trial law focused on corporations, but now on the side of those who have been injured by the businesses they have trusted with their health or money. He is currently litigating cases involving both financial fraud and elder abuse in Northern California courts.


11:00 AM - 12:30 PM Breakout Session: Room F

Mediating an Elder Abuse Case

Mediation can be a successful tool to help resolve elder abuse cases. Mediation allows for more creative solutions that can be more satisfying to the parties than a court decision. Bette Epstein and the Honorable Marshall Whitley will draw upon their extensive courtroom experience to explain why they both believe practitioners should consider using a neutral in many of their elder abuse cases. The speakers will discuss specific scenarios to help practitioners begin to expand their thinking about when to bring in a neutral.

Session Objectives Upon completion of this session, attendees will be able to:

Understand the basics of mediation and how it can be helpful in elder abuse cases

Advise their clients about mediation and its use towards creative solutions that go beyond court orders

Consider using mediation in other types of cases involving seniors such as conservatorships and evictions

Speakers:

Bette Epstein, Esq. Mediator/Discovery Referee, ADR Services, Inc.

Bette Epstein, Esq. has been mediating trust and estate disputes since 2000. Following a remarkable career as a litigator for over 28 years, she turned her focus to alternative dispute resolution 15 years ago

and has been helping parties settle their disputes ever since. She is now available as a full-time mediator and discovery referee.

Ms. Epstein is highly regarded as one of the Bay Area’s leading probate specialists. She spent the last 25 years of her litigation career handling trust and estate disputes, contested conservatorships, and elder abuse claims. As an associate and partner at Crosby Heafey Roach & May (now Reed Smith), she was responsible for building up its trust and estate litigation practice, and eventually went on to become a managing partner of its Oakland office in 2007.

Hon. Marshall Whitley (Ret.)

Mediator/Arbitrator/Special Master/Consultant Evaluator at ADR Services, Inc. and American Arbitration Association; Professor/Director, LLM Tax & Estate Planning Programs at GGU Law School

For 10 of Judge Whitley's 20 years on the bench he presided over all types of probate litigation. As such he has heard thousands of litigated matters relating to conservatorships, powers of attorney, adults without conservators, special needs trusts, financial elder abuse, and end of life issues. Since retiring from the bench he has provided mediation and consulting services on over 100 matters relating to elder care, financial abuse, undue influence, and fraud. He also teaches graduate law courses to attorneys in Probate Procedure and the techniques involved in Mediating Trust & Estate Disputes.



1:30 – 3:00 PM Breakout Session: Room A

The Latest Research and Prevention Models on Various Forms of Elder Abuse

Elder abuse takes myriad forms, from the more blatant physical to more subtle emotional and financial forms, requiring a multi-faceted approach to prevention and intervention. During this two-part session, risk factors for different types of elder abuse will be discussed, along with innovative ways the National Center on Elder Abuse (NCEA) and financial institutions are working to prevent and respond to these types of elder abuse. During part one, Julie will discuss the services provided by the NCEA, which offers multi-faceted responses to elder abuse, promoting the safety of older adults. She will explain the various forms elder abuse can take, the risk factors involved and the special category of Medicare/Medi-Cal Fraud and Abuse. During part two, Marti will present research on the differences between elder fraud (committed by predatory strangers) and elder financial abuse perpetrated by “trusted others” and the risk factors for both. She will discuss the role of the financial service industry in protecting older clients from fraud and financial abuse and will share some promising practices for prevention and intervention that are taking place at banks and financial advisory firms throughout the U.S.

Session Objectives Understand how new rules for broker-dealers may improve the financial industry’s response to financial

exploitation

Recognize how an elder’s social network may reduce or increase risk of fraud and financial abuse

Introduce audience to the National Center on Elder Abuse and available resources

Speakers:

Marti DeLiema, PhD Postdoctoral Fellow, Stanford Center on Longevity, Stanford University

Marti DeLiema is a postdoctoral researcher at the Stanford Center on Longevity in the Financial Security Division. Her work focuses on identifying the demographic, cognitive, and

contextual factors related to financial victimization of seniors, and identifying the prevalence and cost of financial fraud in the US. During her graduate work at USC Davis School of Gerontology, Marti conducted research on elder abuse and neglect in community settings and the tactics scam artists use to deceive older victims. She has published studies on how older adults from different racial/ethnic backgrounds define elder abuse and how mandatory reporters and adult protective services workers perceive response to elder abuse. Before joining the financial fraud research team at Stanford, Marti received her Ph.D. in Gerontology from USC and a B.S. in biological psychology from UCLA.

Julie Schoen, JD Deputy Director NCEA, Department of Family Medicine, Keck School of Medicine, USC

Julie Schoen (Shane) brings her passion for all aspects of aging issues to her new role as Deputy Director of the National Center on Elder Abuse (NCEA) at the Keck School of Medicine at USC.

She is an attorney with a strong background in Medicare Advocacy who is now having impact in the area of Elder Abuse. Like you, she hopes to build public awareness by collaborating with experts in the field. She is an active board member of the Elder Financial Protection Network (EFPN) and the National Organization of Victim Assistance (NOVA). Julie’s influence in the aging field has been well documented in the Wall Street Journal, the New York Times and USA Today and on radio. Before joining the NCEA team at USC, Julie devoted the first 20 years of her career as the director of the Health Insurance Counseling Advocacy Program and the CA Senior Medicare Patrol. Julie is a University of Wisconsin

Madison graduate.


1:30 – 3:00 PM Breakout Session: Room B

Probate Conservatorship (A Public Guardian Perspective)

The Public Guardian’s Office is often referred egregious cases and is tasked with the responsibility to resolve an array of complicated financial issues, including fraudulent real estate transactions, reverse mortgages, home equity lines of credit (HELOC), deed transfers/modification, and trust issues. The session will provide a brief overview of the different types of conservatorships and will primarily outline probate conservatorship requirements and how they’re established. The session will also discuss the medical documentation needed to establish a Probate Conservatorship and how to obtain the information.

Objectives: Identify the different types of conservatorships and how they are established

Familiarity with how the Public Guardian’s Office investigates and establishes Probate Conservatorships

Able to understand the type of medical documentation needed to establish a Probate Conservatorship

Familiarity with the Probate Court oversight over the Public Guardian program

Speaker

Jennifer Stephens-Pierre, MA Adult Protective Services Supervisor, Alameda County Public Guardian/ Public Administrator’s Office

Jennifer Stephens-Pierre, MA, is employed by Alameda County Social Services Agency (SSA) as an Adult Protection

Service (APS) Supervisor in the Division of Adult Protection. She has worked in SSA for over 8 years. In her role as an APS Supervisor, she directly supervises the Estate Investigators/Manager and Asst. Public Guardian/Conservators for the Public Administrator and Public Guardian Office. Her duties include overseeing the marshaling, protecting, and reclaiming lost assets of elderly victims of financial abuse and managing decedent affairs. Ms. Stephens-Pierre has a Bachelor’s Degree in Criminology/Public Administration from Florida State University, a Master’s Degree in Counseling Psychology from Holy Names University, and she is a registered Marriage and Family Therapist Intern with the California Board of Behavioral Science. She has also cross-trained local police departments and the District Attorney’s Office to improve their elder abuse investigations and to build relationships with other entities that are in the position to identify elder abuse victims.


1:30 – 3:00 PM Breakout Session: Room C

Estate Planning and Probate Litigation ̶ Where is the Connection?

For many estate planners, probate litigation is something to be avoided at all costs! In this presentation, an estate planner and probate litigator will explore, through detailed case vignettes, how the worlds of estate planning and litigation are related and when an estate planner should consider working with a litigator to find their client the best possible result. Through these fact patterns, attendees will learn to identify, at various stages of the estate planning process, when an estate planner would consider teaming up with a litigator and giving practical tips of when civil litigation needs to be considered. Topics included will be wills, trusts, taxation, bankruptcy and various other related topics.

Session Objectives: Upon completion of this session, attendees will:

Be able to identify common situations where estate planning and probate litigation will overlap

Understand the interplay between estate planning and litigation and the benefits/risks of each approach in various situations

Understand how estate planners can leverage the tools of litigators to obtain the best results for their client

Speakers:

Ernest F. Der, Esq. Partner, Skootsky & Der LLP, LL.M. Taxation, Golden Gate University School of Law, Certified Specialist in Estate Planning, Probate and Trust, California State Bar Board of Legal Specialization

I was born and raised in San Francisco, CA and have been practicing law since 1992 primarily in the area of estate planning, estate and trust administration, conservatorships elder law, and all related disputed matters. I also serve as court-appointed counsel with the San Francisco Probate Department and will often be appointed in matters with difficult family dynamics and must often be creative when problem solving. Representing individuals with questioned capacity requires attention to detail and an understanding of the capacity issues. This is one of the most common places where working with an estate and trust litigator is critical.

Matthew P. Matiasevich Shareholder, Evans, Latham & Campisi PC

I specialize in the litigation of trust and estate matters and am a co-author of the CEB treatise California Trust and Probate Litigation and a past chair of the Litigation, Ethics and Malpractice Group for the Trust and Estate Law section of the American Bar Association. I have handled a wide variety of complicated matters, including internal trust disputes, surcharge litigation, contests, fiduciary defense, elder-abuse litigation, and litigation to recover assets on behalf of a trust or estate, and the topic at hand is notable because the estate planner’s initial work can be an important factor in all of these cases when it comes to either bringing about a just result or making it more difficult for the subsequent litigation to protect the interests of the estate planner’s client.


3:20 - 4:50 PM Breakout Session: Room A

Undue Persuasion and Free Will in Financial Elder Abuse: Insights of Psychological and Neurobiological Studies into the Assessment of Elder Abuse Claims

The assessment of whether there has been “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity” has moved into areas of substantial ambiguity. The program will explain recent research which discovered how decisions are actually made, how the ambiguity of available information affects the ability to make appropriate decisions, and the various templates and behavioral norms which shape the ability of people, elderly and otherwise, to exercise their “free will.” We will examine the gray area between normal persuasion and excessive conduct which should trigger elder abuse liability. Is this Dale Carnegie winning friends and influencing people or Phishing for Phools? These are the technical and evidentiary issues needed to defend or dissect the theories and experts who have historically testified without the insights of modern psychology and decision making studies. Arm yourself and your experts before venturing into Court.

Session Objectives Learn the insights into how people make decisions, so that you and your experts can explain whether the

process was improperly impacted by the alleged financial elder abuse. Lay and expert sources will be cited.

Understand the distinction between normal persuasion and excessive conduct by examining expert sources on normal persuasion and a host of thieves, scammers, and predators. The ability to assess whether someone has conflicts which taint his or her suggestions or is insincere is a difficult task. Recent studies on decreases in various mental ability as part of aging will be discussed, as well as resources to be examined by you and/or your expert.

As people age, their ability to undertake complex decisions is compromised, forcing them to rely on “strategies that use biases or heuristics to help than make decisions.” Learn about the anterior cingulate cortex and its role in “thinking fast” or avoiding thinking slow when cognitive abilities decline. Situations dealing with “large world” or ambiguous models for decisions often are difficult to assess, since the choice of favoring a single child deals with competing norms or objectives—what were the values that the elder freely chose or was improperly induced to reject?

Speakers:

Dominic J. Campisi Attorney, Evans, Latham & Campisi

Dom Campisi has completed 45 trials in probate and trust matters and is an author and editor of CEB’s Trust and Estate Litigation. He cross examined his first psychiatrist in 1978 and since then has dealt with preparing and attacking

psychologists, neurologists, psychiatrists, gerontologists and medical professionals in numerous cases. He has lectured and published articles on probate and trust litigation since 1981, including mock trials for the San Francisco Bar and the Heckerling Institute.


3:20 - 4:50 PM Breakout Session: Room B

Building an Elder Justice Movement in California and Beyond

Members of the California Elder Justice Coalition (CEJC) will describe how this multidisciplinary network was launched to harness the expertise and insights of professionals in the fields of adult protective services (APS), civil and criminal law, mental health, nursing home reform, long term services and supports, consumer rights, and others to help shape California’s elder justice system. They will introduce the recently released From Blueprint to Benchmarks: Building a Framework for Elder Justice; and describe CEJC initiatives to strengthen the state’s APS program, extend Victim Assistance and Victim Compensation to victims of elder abuse and financial exploitation, and alert policy makers about barriers to elder justice and the need for policy reform.

Session Objectives Upon completion of this session, attendees will:

Understand the principles of elder justice, barriers to justice, and how barriers can be addressed through public policy

Be aware of recently enacted or pending legislation and policy initiatives to protect the safety, security, assets, and rights of older Californians

Be acquainted with the California Elder Justice Coalition (CEJC) and its policy agenda, and learn how they can promote elder justice in California and beyond

Speakers:

Lisa Nerenberg Executive Director, California Elder Justice Coalition

Lisa Nerenberg, MSW, MPH is Executive Director of CEJC; a consultant in elder justice to local, state and national organizations; and an instructor at City College of San Francisco. She has testified before

Congressional committees, served on governmental advisory committees, and written extensively about elder abuse and related issues.

Shawna Reeves Director of Elder Abuse Prevention, Institute on Aging

Shawna Reeves, MSW, is Director of Elder Abuse Prevention at the Institute on Aging. Her areas of expertise include predatory lending, investment scams, reverse mortgages, and working with

traditional and alternative media to raise public awareness of elder abuse.


3:20 - 4:50 PM Breakout Session: Room C

Litigating in Probate Versus Civil Court: Factors to Consider

For the elder law attorney who primarily practices in either the Probate Department or Civil Department, having to litigate a case in the other department can be unfamiliar territory, leading to many questions of procedure and best practices. This session is aimed at demystifying this process, including the most important things an attorney should know when practicing in either Probate or Civil Court for the first time.

Session Objectives Questions that will be addressed in session:

What are the benefits and drawbacks of litigating in the Probate Department versus a General Civil Department?

If you do not normally practice in the Probate Department, what must you know?

If you do not normally practice in the General Civil Department what must you know?

If you have a case where claims could be pursued in either the Probate Department or in a General Civil Department, what factors should you consider?

Speakers

Anne Marie Murphy Partner, Cotchett, Pitre & McCarthy, LLP

Anne Marie Murphy is a Partner at Cotchett, Pitre & McCarthy LLP, where she practices civil litigation focusing on complex commercial litigation, class actions, consumers’ rights and elder abuse (including both

financial abuse and nursing home abuse). In 2015 Ms. Murphy was named to the Daily Journal’s list of the top 100 women lawyers in California. Ms. Murphy serves on the Board of California Advocates for Nursing Home Reform (CANHR).

Melissa R. Karlsten Shareholder, Attorney, Aaron, Riechert, Carpol & Riffle, APC

Melissa R. Karlsten is a shareholder of Aaron, Riechert, Carpol & Riffle, and has been practicing in the area of Estate Planning, Trust and Probate Law since 2002. The State Bar of California Board of Legal

Specialization has certified Ms. Karlsten as a specialist in Estate Planning, Trust, and Probate Law.

Earn your LLM in Estate Planning, Trust, and Probate Law today!

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Legal Assistance for Seniors Board of Directors – Priscilla Camp – President – Monica Dell’Osso – Vice

President – Phillip Campbell – Treasurer – Joy Soulier – Secretary – David C. Lee – Board

President Emeritus

– James Treggiari – Executive Director

– Jonathan Canick – David Durant – Ingrid Evans – Susan E. Firtch – Maria Lawless

– Ann O’Hara – David Oh – David Scharff – Karen Vasudavan

Legal Assistance for Seniors Staff & Volunteers Staff – Anupa Batra, Volunteer Coordinator – Milo M. Beitman, Staff Attorney – Kristen Boney, Senior Staff Attorney – Alex Boskovich, Community Education Coordinator – Katy Brady, Interim Community Education

Coordinator – Caitlin Chan, Legal Advocate and Legal Volunteer

Coordinator – Grace Chang, HICAP Advocate – Elizabeth Combs, Staff Attorney – Kate Doyle, Staff Attorney – Diana Gray, HICAP Advocate – Gene Hacker, Administrative Operations Manager – Eugenia Harris, Legal Advocate – Jolemelle Johnson, Administrative Assistant – Kierra Johnson, Project Assistant – Karen Kavanagh, HICAP Advocate – Mariel Kusano, Senior Staff Attorney – Edita Mercado, Finance & Contracts Admin. – Lenora Merlander, Chief Financial Officer – Nancy Reno, Administrative Assistant – Kate Rosenbaum, Development Associate – James Treggiari, Executive Director – Janet Van Deusen, HICAP Program Manager – Kirsten Voyles, Managing Attorney Volunteers – Marti Burchell – Alan Goldhammer – Charlotte Johnston – Jun Kodani – Martin Kresse – Dawn Patterson – Joseph Price – Stephanie Ross – Kristen Southworth

HICAP Volunteer Counselors – Ken Arora – Erik Bailey – Arnie Becker – Katy Brady – Brent Cohen – Marilyn Cutting – Ashok Desai – Gerry Eiselman – Shubha Fanse – Cynthia Flaherty – Alice Gates – Bob Gibney – Mary Gilkerson – Edith Goldstein – Kelly Harp – Belle Huang – Marshall Johnson – Robby Kiley – Terry Kranitz – Nancy Kung – Edmund Lam – Paul K. Lee – Patricia Macholl – Lucy Morgan – Lynn Powe – Janet Quilici – Barry Rader – Jane Reid – Johnny Roland – Carol Sandoval – Monica Schaeffer – Ada Schoch – Eve Trimble – Leslie Walker – Mary Wilson

Conference Committee – Donna Booher – Priscilla Camp – Jonathan Canick – Elizabeth Combs

– Caitlin Doyle – Ingrid Evans – Maria Lawless – Kate Rosenbaum

– David Scharff – James Treggiari – Kirsten Voyles


A Special Thank You to:

We appreciate the contributions so many have made to this conference, especially:

UCSF/UC Hastings Consortium on Law, Science & Health Policy for providing the conference venue along with a wonderful staff to accommodate conference needs

The Institute on Aging for again making available continuing education units for Behavioral Scientists and providing domestic violence scholarships with support from the SF Department on the Status of Women

Scott Phipps for his contribution

The Alameda County Area Agency on Aging for sustained program support

The presenters who generously shared their knowledge, expertise and experience

The 11th Annual Conference on Elder Abuse committee for their help, inspiration, guidance & diligence

Refreshment Sponsors

Coffee Sponsor - Susan E. Firtch

Afternoon Refreshment Sponsor - Michael Stephens, Realtor, Probate, Trust & Estate Specialist

Save the date for

Legal Assistance for Seniors’

40th Anniversary

Celebration

When: 5:30 - 8:30 pm

October 20, 2016

Where: USS Potomac

540 Water Street

Oakland, CA

94607


Gratefully Acknowledging Our Sponsors who Made this Conference Possible

Platinum Sponsors

Gold Sponsors

Silver Sponsors

Bronze Sponsors

- Priscilla Camp - The Kevins - Zephyr

Real Estate - Law Office of Ann E. O'Hara - IMT Associates - Sharon Toth

& Meredith Taylor - Merlander Company

- Daniel Cutter - Merrill Lynch Fiduciary & Special Needs Group

- Needham Kepner & Fish LLP, Attorneys at Law

- Law Office of Srinoi G. Rousseau

- Leslie Byrne, Senior Care Consultants

- Jonathan Canick, Ph.D. - Mowat Mackie & Anderson

LLP CPAs - A.R.M. Homes

Documents

Legal Assistance for Seniors 11th Annual Conference on ... · Legal Assistance for Seniors 11th Annual Conference on Elder Abuse | 5 9:00 – 10:45 AM Opening Remarks and Keynote