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Abuse, Neglect, Exploitation, Scams, Fraud
Advanced Elder Law Review
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Representing A Fiduciary Accused of Wrongdoing (2017)
Realistically assess the strengths and weaknesses of the case brought against the corporate fiduciary for breach of duty; identify resources regarding viable defenses and potential land mines in the defense of the corporate fiduciary. Presented by Kerry R. Peck, CAP, Fellow
Representing Fiduciaries: Who Is Your Client? (2013)
Addresses the special ethical and professionalism rules related to the representation of fiduciaries, using the ACTEC Commentaries to the Model Rules of Professional Conduct, the NAELA Aspirational Standards for the Practice of Elder Law, and case studies specially prepared for this session. This interactive session will include polling participants for their reactions to common ethical and professional dilemmas in the representation of trustees, guardians, conservators, and personal representatives. Learn practical solutions for addressing conflicts when they arise in this area of your practice. Presented by Prof. Samuel A. Donaldson, and Prof. Mary F. Radford, Georgia State University College of Law.
The Fiduciary Duty and Supported Decision Making for People with Special Needs (2013)
This session will review the guardianship standards and the role of the fiduciary while balancing the rights and opportunities for people with special needs. Presented by Aimee D. Griffin, Esq., and Tina Campanella, MA, CEO of Quality Trust.
Using Trustee Discretion to Reduce Benefits (2017)
In this session, attorneys acting as Trustee or counseling Trustees of SNTs will discuss what it truly means to have sole and absolute discretion when administering a SNT. It’s important to be knowledgeable of a beneficiary’s circumstances and the benefits for which they are eligible and, with that, to be flexible in deciding what distributions should and should not be made. When is it okay to knowingly make a distribution that may reduce or replace the benefits one is receiving? How does a Trustee properly evaluate such a distribution? Presented by: B. Bailey Liipfert, III, CELA
What Do You Do When the Agent Is Unethical? (2017)
Identify the duties owed to the non-client beneficiary. Recognize unethical conduct by a fiduciary. Take steps necessary to correct the misconduct and avoid assisting in it. Presented by Erika M. Dine, Esq., Professor Roberta A. Flowers and Twyla L. Sketchley, Esq.
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