This one-hour program is the first of a three part APA series on Serious Mental illness and Severe Emotional Disturbance (SMI/SED). The series is based on the Curriculum developed by APA for SAMHSA’s Recovery to Practice initiative. The Recovery to Practice initiative, founded in California, is what each Fiduciary commits to in working with a mental health client. The Curriculum is a tool to provide pre- and post-doctoral trainees with state of the art instruction on new approaches and treatments for individuals diagnosed with serious mental illnesses (SMI); it is also an update and review for more seasoned practitioners.
Dr. Freitag is a licensed clinical psychologist and board certified neuropsychologist. His clinical expertise includes assessment and treatment of dementia, traumatic brain injury, and sport concussion. He is a diplomate of the American Board of Professional Neuropsychology, past president of the Northern California Neuropsychology Forum and co-director of the UCSF Benioff Children’s Hospital Oakland Sport Concussion Program.
Participants will gain a better understanding of the critical components of a neuropsych exam by answering several questions: What are the domains of cognitive functioning included in an exam; how is data used for diagnosis and treatment planning; how can this information help patients and families; what is the difference between a clinical and medical/legal evaluation.
Monica Goel has been rated “superb” by AVVO and names as one of the top estate planning attorneys. With over fifteen years of legal experience, Ms. Goel advises clients on a full range of estate, trust, probate, and conservatorship matters. Her practice focuses on estate planning, trust administration, probate administration, elder law, trust and probate litigation.
Monica’s presentation focuses on presenting the ethical challenges facing fiduciaries in the estate and trust practice. She also provides case examples on how to avoid breaches of fiduciary duty and protect yourself from liability.
Yevgeny L. Belous was born in 1983 in Kiev, Ukraine. He is fluent in Russian and graduated in 2005 from the University of California Santa Cruz, majoring in Economics and Business Management. Mr. Belous completed his J.D. from Thomas Cooley Law School in 2009 and was admitted to the State Bar if California in 2009. In law school, he was a senior intern at the Sixty Plus Elder Law Clinic, which exposed him to a wide variety of legal issues facing the elderly. Since becoming an attorney, he has continued upon this path practicing exclusively in the areas of trusts and estates, conservatorships, guardianships, and probate litigation.
Judge Cowan was appointed by Governor Jerry Brown in June, 2014. He is Supervising Judge, Probate & Mental Health Depts. Stanley Mosk Courthouse in Los Angeles. Elected by Central District judges as Member, LASC Executive Committee, 2016.
Ms. Boehmer has been in practice over 15 years, serving as the President of the Professional Fiduciaries Association of California (PFAC) from 2011 t 2013. She is also a certified mediator through the Los Angeles County Bar Association. She has been an outstanding advocate and backer of legislation aimed at improving the fiduciary profession and standards in California. Ms. Boehmer, who is also a licensed tax preparer, has owned and operated Norine Boehmer Management, Inc. since 2990.
Lauriann Wright is an experienced probate litigator and estate planner located in Glendale California. For over 20 years, she has been practicing all phases of probate law and litigation, including conservatorships, guardianships, trusts, and probate estates, throughout Los Angeles, Orange and Riverside Counties. She has been named as a Southern California Super Lawyer in Trust and Estate Litigation for five consecutive years, from 2012 through 2016. For 2016, she is also listed as one of “The Best Lawyers in America” in Litigation by Best Lawyers. She was recently named as a member of the National Advocates: Top 100 of Wills, Trusts and Estates Lawyers.
The panelists will provide an in-depth analysis of the statutes and case law defining the fiduciary’s ethical duty of neutrality depending on the circumstances. The perception of neutrality of a professional fiduciary can be very important to the effectiveness of that fiduciary in solving contested in a case. The Honorable David J. Cowan, the Supervising Probate Judge of the Los Angeles Superior Court, will provide his own unique perspective on judicial expectations for fiduciary neutrality, as well as other expert panelists.
Dr. Teo Ernst is a clinical and forensic psychologist in private practice in Alameda and San Francisco. He is an assistant clinical professor in the UCSF Department of Psychiatry and a Qualified Medical Examiner for the California Department of Industrial Relations. He routinely provides evaluations and expert testimony in legal cases involving capacity, psychological injury, and violence or suicide risk.
Unpredictable, irrational, and impulsive behaviors from clients lead to significant practical challenges in fiduciary practice. The consequences often include fiduciary burnout, increased liability, and hours spent on non-billable client management tasks. This presentation offers psychological explanations for understanding problematic client behaviors including unrealistic expectations, oscillating between loving and hating one’s fiduciary, difficulty comprehending complex legal issues, and an inability to follow directions at critical moments. By drawing on the psychological literature on personality, neuropsychological functioning and relationship patterns, this presentation will review well informed strategies to manage challenging client interactions and effectively screen potential clients.
Mr. Dale is a disability rights advocate and spends much of his time attending disability rights activities, including legislative hearings and serving on boards and committees of disability-rights organizations. In addition he regularly teaches courses to the public, financial professionals, and other attorneys on special needs trusts and trust administration. His main focus is on achieving independence while maintaining essential government benefits. His courses have received accreditation by the California Department of Insurance and the California State Bar. Mr. Dale is the recipient of the 2010 Theresa Foundation Award and the 2007 NAELA Powley Award. He is also a long standing member of the Special Needs Alliance, a national, not for profit organization of attorneys dedicated to the practice of disability and public benefits law.
Jennifer L. Steneberg joined the Dale Law Firm as an associate attorney in February 2008. Jennifer graduated with honors from the Golden Gate University School of Law in May 1999, where she also earned a Public Interest Law Certificate. Jennifer’s personal and professional commit to advocating for persons with disabilities is long established, and she has spent much of her adult life working in the area of disability rights. Prior to joining the Dale Law Firm, Jennifer practiced disability civil rights law where she represented persons with disabilities in their fight to end discrimination, and in her pre-legal professional life, Jennifer spent fourteen years serving as a Congressional aide focusing on disability-related policy issues.
The presenters will describe the new law and how it provides additional financial resources to beneficiaries to achieve independence. They will discuss how the Able Act works, restrictions and rules. They will provide examples of how beneficiaries who are on government benefits can use funds from both an Able Account and a Special Needs Trust to supplement their government benefits providing them with a higher quality of life.
Ginger Silverman is a nationally known marketer and expert in the field of corporate communications. For nearly 25 years, she has been a senior marketing executive for several leading Fortune 1000 corporations, including Pizza Hut, Taco Bell, HomeBase, Prudential Real Estate and Relocation, and Ogilvy & Mather Advertising.
You give and give. You work tirelessly for the benefit of your clients, family and friends. For a while, things are great. The, one day, they aren’t. And, if you take a day off to recharge, you feel guilty. Why is this true for you? Research shows that 85% of people in a caregiving profession experience burnout on a daily basis. In Ginger Silverman’s presentation, you will learn the four personality types and how your level of self-care avoidance is pre-determined to a certain extent. But, understanding your predispositions can help you improve your ability to help yourself, which will help others.
As the Senior Member of the Law Offices of Tamila C. Jensen, Tamila has been practicing (or teaching) law since 1973. Her early work was in the area of real estate and land use with related business issues. This often involved not only public hearings before various administrative bodies but also writs and appeals arising therefrom. Her practice always involved work in probate court and this eventually grew into a practice that now focuses on elder law, the developmentally disabled, family law, and, of course, real estate. She continue to help other attorneys with appellate issues.
As we understand elder law today, it involves a variety of services to older members of the community and their families. This includes wills and trusts, conservatorship, probate and trust litigation, medi-cal planning, special needs trusts.
Tamila has represented individuals and small business for many years and strive to provide qualify services that meet the needs of her clients.
Tamila’s presentation discusses the interplay between conservatorship (Probate) and the marital relationship (Family Law). The conservatee retains the right to marry. If the relationship is abusive, what tools does the conservator have to intervene? It discusses the effects of the conservatorship on certain rights and procedures related to the marriage and the role of the conservator.
Andrew de Vries, MBA has provided expert real estate sales for private and professional fiduciaries in the Bay Area for more than a decade. With more than 600 successful fiduciary sales transacted in most major Bay Area counties, Andrew brings deep experience-based knowledge to his client’s needs. His services include initial case evaluation, property preparation and development and execution of sophisticated sales strategies to limit a fiduciary’s liability while satisfying all parties involved (including difficult family members.)
Identifying, managing and selling assets is one of a fiduciary’s most important, sophisticated and closely scrutinized duties. This presentation covers all aspects of identifying, collecting and managing assets for new and experienced fiduciaries. Identifying topics covered include demonstrating the key duties of a personal representative, inventorying and appraising assets, working with probate referees and assessor forms and filing an inventory and appraisal. Asset management topics covered include guidelines for asset management, working with cash accounts and working with tangible personal property (autos, jewelry and more.) Selling asset topics include when and how to sell assets, how to gain authority to sell, how to correctly notice for sale, the legal process for sales of real property with and without court confirmation, and how to maximize the sale while limiting liability.
In 2000, Smith started A Better Solution In Home Care (ABS) and now her staff of over 150 trained caregivers service all of San Diego County. Recently, Lia developed her Home Care Concept into a franchise model and has opened her first franchise in the Temecula area, while also licensing her agency with the state to provide nursing care, with LVN and RN as well as companion care. With over 25 years in the industry, Smith brings a wealth of knowledge to the table.
This presentation regarding the laws – Federal and State – that have affected the costs of home care over the last two years, who is responsible, and how seniors (clients needing care) are affected financially. It includes points fiduciaries should know when hiring an agency, and the difference between types of care, and types of services offered.