Integrated Estate Planning: “End-of-Life Planning”

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INTEGRATED ESTATE PLANNING SEMINAR SERIES I-IV:
Seminar IV: “End-of-Life Planning: Living Wills, Medical Directives, Conservatorships, Special Needs Trusts & Preserving a Client’s Legacy”

Integrated Estate Planning Seminar Series I-IV

• Seminar I:  The Basic Course
• Seminar II: The Advanced Course
• Seminar III: Trust Administration
• Seminar IV: “End-of-Life Planning: Living Wills, Medical Directives, Conservatorships, Special Needs Trusts & Preserving a Client’s Legacy”

Overview of Seminar
Integrated Estate Planning Seminar Series: Seminar IV: “End-of-Life Planning: Living Wills, Medical Directives, Conservatorships, Special Needs Trusts & Preserving a Client’s Legacy”

This seminar deals with legal, ethical and practical issues related to end-of-life planning. The course is designed for attorneys and other estate-planning professionals. The class covers a wide variety of complex end-of-life legal issues including living wills, medical directives, substituted judgments, conservatorships, special needs trusts, issues of elder abuse conflict of interest and more.

The second part of the course is focused on the importance of designing an ethical ‘legacy will’. By encouraging a client to create their own legacy will, they will have an opportunity to preserve their values, stories and life experiences for their loved ones. We will talk about the process of creating a legacy will and provide resources that will encourage your clientele to share their family history, wisdom and wit with the people they care about. A legacy will is a gift that goes beyond assets and material possessions and is an integral part of the end-of-life planning process. Finally, the course will provide some practical information and resources regarding the decisions that many clients overlook such as their thoughts on elder care, organization of medical/financial records, household help, funeral planning, etc.

• Information on living wills, medical directives and substituted judgments
• Issues related to conservatorships and special needs trusts
• Importance of preserving a client’s legacy with an ethical ‘legacy will’
• Resources related to elder care, household help, end-of-life care and funeral planning

Critical Issues on the Agenda & Course Outline
Integrated Estate Planning Seminar Series: Seminar IV: “End-of-Life Planning: Living Wills, Medical Directives, Conservatorships, Special Needs Trusts & Preserving a Client’s Legacy”

I. Counseling the Elderly Client

• Understanding the Client
• Interviewing the Client
• Competency
• Conflicts of interest
• Building the Relationship
• Ethical Considerations

II. Living Wills
Financial Planning Considerations:

• Developing a financial plan & Investment Strategy
• Social Security Benefits
• Lump-Sum Death Benefits
• Disability Benefits
• Government Pensions
• Reversible Mortgage Payout Option
• Private Pensions:
• Credit for Years of Service, Vesting and Accrual of Benefits, Payment of Benefits, Taxation of Contributions and Distributions, Employee Stock Ownership Plans, Rollover Distributions to IRAs
• Employee Stock Ownership Plans
• 401 (K) Plans
• Participant’s Rights on Termination or Merger
• Grievance Procedures
• Individual Retirement Accounts (IRAs)
• Public Pensions: Civil Service & Veteran’s Benefits
• Annuities
• Life Insurance
• Health Care Benefits
• The Personal Residence

III. Medical Directives Taxation Issues, & Lifetime Giving

• Health Care Decisions
• The Need for Planning
• Patient’s Right to Make Treatment Decisions
• Decision-Making for Incompetent Patients
• Planning Techniques: Durable Power of Attorney
• Planning Techniques: Living Wills
• Planning Techniques: Anatomical Gifts
• Eligibility Issues: Persons age 65+, Medicaid, Disability Beneficiaries, End-Stage Renal Disease, Federal Employees, Voluntary Purchase of Coverage, Inpatient Hospital Services, Out Patient Hospital Services, Skilled Nursing Facility Service, Home Health Services, Hospice Services
• Claims and Payment Procedures
• Long-term Care Insurance

IV. Taxation Issues
A. Planning for Incapacity

• Decision Making During Incapacity
• Durable Power of Attorney
• Revocable Living Trust
• Joint Tenancy
• Durable Power of Attorney: Form
• Revocable Living Trust: Form
• Durable Power of Attorney to Fund a Revocable Trust: Form

B. Federal Estate & Gift Tax Issues

• Gross Estate: Property Owned at Death
• Gross Estate: Property Transferred During Decedent’s Lifetime
• Gross Estate: Valuation of Property
• Deductions
• Charitable Deduction
• Marital Deduction
• Unified Credit
• Other Credits
• State Death Taxes
• Generation-Skipping Transfer Tax
• Gift Tax

Income Tax on Estates and Trusts
C. Topics Related to Lifetime Giving

• Considerations in Making Gifts
• Gifts to a Spouse
• QTIP Gifts to Spouse
• Gift to Spouse of Joint Interest
• Gifts to Children: Custodianship
• Gifts to Children: Unearned Income of Minor Children (Kiddie Tax)
• Gifts to Children: Trusts
• Providing for the Elderly: Use of Trusts
• Gifts to Parents of Grandchildren: Medical and Educational Expenses
• Gifts to Charity

V. Conservatorships, Guardians, & Special Needs Trusts)
A. Guardians and Conservators

• Nature and Use of Guardianships
• Establishing a Guardianship: Procedural Considerations
• Establishing a Guardianship: Substantive Standards
• Selection Powers and Accountability of the Guardian
• Substituted Judgments
• Adult Protective Services (Elder Abuse issues)

B. Planning to Transfer Property at Death

• Transferring Life Insurance Proceeds
• Planning for a Surviving Spouse
• Bequests to Minors
• Bequests to Charity
• Form: Will with Marital Deduction Bequest and Credit Shelter Trust
• Form: Will with Credit Shelter Trust and Marital Deduction Trust

C. Special Needs Trusts

• Planning for Adult Disabled Child

VI. Last Wishes

• End-of-Life Care, Nursing Homes and Hospice
• Nursing Home Services
• Choosing a Nursing Home
• Financing Nursing Home Care: Medicaid Discrimination
• The Resident’s Rights
• Life Care Contracts

    Funeral Planning

• The funeral process
• Burial and/or cremation
• Designing the eulogy, obituaries, reception,
• Distribution of personal property, etc.
• Assisting Client with Issues Related to Grief and Support Services

C. Conflict Mediation in resolving family difficulties post mortem

VII. Preserving a Client’s Legacy

• What is a legacy will? Why is it important? How do you write one?
  Program Summary

AudioCD Descriptions
Integrated Estate Planning Seminar Series: Seminar IV: “End-of-Life Planning: Living Wills, Medical Directives, Conservatorships, Special Needs Trusts & Preserving a Client’s Legacy”

CD/1 – Counseling the Elderly Client (Interviewing the Client, Competency, Conflicts of Interest, Building the Relationship & Ethical Considerations)

• Living Wills & Probate Avoidance
• Financial Planning Considerations (Real Estate Appreciation, Reverse Mortgages, Using Life Insurance as Liquidity & Gifting an Insurance Policy)

CD/2 – Durable Power of Attorney, Guardians, Conservators, Medical Directives & Living Wills

• Planning for Incapacity & Use of Medical Directives
• Selection Powers & Accountability of the Guardian Nature & Use of Guardians & Conservators (Procedural Considerations & Substantive Standards)
• Durable Power of Attorney Issues (Keep the House? Rent it? Sell it? ROA?)
• Patient’s Right to Make Treatment Decisions & Medical Directives, Health Care Benefits, Long Term Care Insurance, & Anatomical Gifts

CD/3 – Last Wishes, Preserving a Client’s Legacy & Succession Planning

• What Are Your Client’s & Their Caretakers Facing During End-of-Life? (Nursing Home Care, Hospice, Elder Abuse)
• Family Conflict & Disbursing the Estate Assets
• The Funeral Process (burial/cremation, designing the eulogy, obituary & service/reception)
• The Grieving Process & Supportive Resources
• Preserving a Client’s Legacy: Their Values, Family History & Memories
• Build a Team: Create Your End-of-Life Plan

CD/4 – Important Legal Considerations with End-of-Life Planning

• From a Legal Perspective, The Importance of Creating a Legacy Plan
• Malpractice Issues & Durable Powers of Attorney
• Planning to Transfer Property at Death (Bequests to Minors & Charity)
• Planning for a Surviving Spouse & Planning for Adult Disabled Child (Special Needs Trusts)
• Drafting, Planning & Terminating General Powers of Attorney
• Ethical Issues & Elder Abuse (Adult Protective Services)
• Planning Issues & Substituted Judgments
• Summary & Conclusion

Seminar Leaders:
About the Instructor: Francis Burton Doyle, Esq., WealthPLAN

• Member, State Bar of California
• California State Bar Certified Legal Specialist, Taxation Law and Probate, Estate Planning and Trust Law
• Founder, WealthPLAN, 30 years of experience in Tax, Estate-Planning Probate, Trust Administration and Litigation
• Instructor, California Continuing Education of the Bar (CEB) and National Business Institute (NBI)
• Professor; Lincoln Law School of San Jose, Wills & Trusts and Real Property
• Immediate Past President, Santa Clara County Estate Planning Council
• Chair, Planning Committee, Annual Jerry A. Kasner Symposium, Santa Clara University, School of Law
• JD, University of San Francisco Law School, MS, Taxation, Golden Gate University,
  BA Santa Clara University

About the Co-Instructor: Mary G. Anderson, Founder, Life Management Consulting

• Organizational Consultant/Coach
• Author of “My Estate Management Guide”
• Corporate Training Manager, Hewlett Packard, 25 years of experience as an Executive Trainer and Professional Speaker
• Certified Conflict Resolution/Mediator Specialist
• Consultant/Management Training Specialist @ Fortune 500 Company/Entrepreneur
• Producer and Host of “Voice of the Valley” Television Show

(4-CD Audio Set + Seminar Workbook) $350.
CLICK HERE to Order/Purchase this 4-Part Integrated Estate Planning Seminar Series and/or Seminar Workbook(s)

E-MAIL us with questions or call (650) 960-3772

Seminar Workbook and Written Materials
As a registered participant, you will receive a professionally prepared manual with each seminar recording. The comprehensive Seminar Workbook contains both forms and practical exercises to help you learn and remember everything that is covered during the seminar. It is a valuable reference tool designed to help you understand the concepts and nuances of the integrated estate planning process from start to finish.

Continuing Education Credit
Advanced Legal Training Institute is a State Bar approved MCLE sponsor and each course qualifies for 6.50 MCLE hours. Please remember to indicate your license number, ID or other necessary information on the online order form, as this will ensure timely reporting of continuing education credit. The State Bar of California has approved each seminar in the Integrated Estate Planning Seminar Series for 6.50 Credit Hours of MCLE credit, including 1.5 Credit Hours of Legal Ethics.

Each program (4-CD Audio Recording(s) in the Integrated Estate Planning Seminar Series is approved for 6.5 Credit Hours MCLE including 1.5 Credit Hours of Legal Ethics (CalBar Approved Provider No. 13751). If you purchase and study the entire 4-part Integrated Estate Planning Seminar Series, you will easily complete your 3-year MCLE requirements—(26 Credit Hours MCLE, including 6.0 Credit Hours of Legal Ethics). Each seminar recording has been edited and formatted to provide the most timely, relevant and effective continuing legal education available. Listen to your 4-CD Audio Seminar Recording (s) on your home/office computer, inside your car during commute or travel time and/or downloaded to your iPod. This set of audio recordings provides a strong foundation to both expand and enhance the practice of estate planning and trust administration.

Our Mission
Advanced Legal Training Institute is dedicated to helping attorneys meet their Continuing Legal Education (CLE) hours in a simple “All-Your-MCLE-in-a-Box” system. We offer the most relevant, state-of-the-art legal education available, including:

• Live and recorded MCLE seminar & teleseminar packages (half-day and full-day)
• AudioCD & VideoDVD self-study materials, seminar workbooks & forms
• Speaking & in-house customized training services for law firms, executives and corporate counsel
• Consulting & coaching services including complex estate planning techniques, law firm development & business succession planning
• Estate Planning Updates