End-of-Life Planning for the Low-Income Client

June 28, 2013
9:00 a.m. - 12:30 p.m.
PLI San Francisco Conference Center & Via Live Webcast
Free!

To Register Visit the PLI Website:
http://www.pli.edu/Content/Seminar/End_of_Life_Planning_for_the_Low_Income_Client/_/N-4kZ1z12gfw?fromsearch=false&ID=171907


Why You Should Attend
End of Life Planning is, like Death and Taxes, one of those things that can go from an easy, informative and straightforward conversation to a drawn-out nightmare if ignored. Low income and very low-income clients, unlike the average middle class client, frequently do not understand the importance of, for example, having identified caretakers for their minor children in place. They frequently resort to "no planning" or improvised planning which does not take into account that, for example, transferring the title on a car or house does not address the issue of the mortgage or other lien. Because their day-to-day issues are so difficult, they frequently have difficulty making the time, and have no money to seek professional advice, on these issues. This program will explain appropriate planning techniques for medical, financial and personal issues, while providing an understanding of the medical framework in which medical advance planning operates. The program is being presented by two legal providers who bring a wealth of experience dealing with end-of-life issues of the low-income client, as well as one medical provider who will discuss how medical advance planning is being taught today.

What You Will Learn:
After this program you will be able to interview and prepare a plan for the low-income client that includes a discussion of and preparation of the Advance Health Care Directive, Power of Attorney, Will and advise on other end-of-life planning techniques. You will also understand the medical view of advance planning for end-of-life, the differences between palliative and hospice care, and the intersection of the two approaches.

Who Should Attend
Attorneys assisting pro bono clients with end of life planning matters through representation or in a variety of clinical settings, including medical-legal partnerships, senior services collaboratives, family-focused legal services opportunities, and other pro bono programs. In addition, the presentation may be of interest to firm pro bono coordinators and partners, corporate law department pro bono managers, law clinic students and faculty, public interest and non-profit organization attorneys and staff.


Program Schedule

9:00
Program Overview and Introductions
Leslie Bigler Lindgren

9:15
Introductory Considerations
• The Low Income Client: When and Why?
• Ethical and Other Up-Front Considerations
o Who is your client?
? Potential conflicts of interest
o How to handle relatives?
? Considerations with families
o Getting the facts:
? The importance of a questionnaire
? Giving the client time to figure it out
o Capacity
o Undue influence
? Considerations with the elderly
o Dealing with non-English speakers
? Do you have a translator with no conflicts?
• Warning Signs: When You May Need a Specialist
o Is the client on MediCal?
o Does the client have a home?
o Is there a special needs individual in the picture?
• The Pieces of the Puzzle: Advance Directive, Powers of Attorney and Wills
o How the pieces work together
o A word about Trusts and Special Needs Trusts
Anthony Chicotel, Leslie Bigler Lindgren

10:15
Advance Directives, POLST, Powers of Attorney and Working with the Medical System
• History of the Advance Directive and Legal Authority
o ABA position
• Current Thinking on Advance Planning - Advance Planning as a Process
o When does the conversation get started?
o How does it progress?
o What are the considerations?
o Advance Directive Forms
? Statutory
? CMA Form
? SF Dept of Health Form
o What is a POLST?
o When is it too late?
? A brief discussion of mental capacity
o What is Palliative Care?
o What is Hospice?
• Some Drafting Considerations
o The role of the agent
o Drafting 101 considerations
• Nursing Home Issues
o Special Witness Requirements
o Involuntary Care
o Pre-dispute Arbitration Agreements
• Powers of Attorney
o Legal authority
o Definitions & Terminology
? Capacity: Due Process in Competence
Determinations Act, Probate Code
? Medical provider point of view
o Execution
o Duration
o Consistency
o Standard of care for agent/authority of agent
? Eligible individuals
? HIPPA
? Duties
o Possible statutory powers and limitations thereof
Jana Broadhurst, Anthony Chicotel, Leslie Bigler Lindgren

11:15
Networking Break

11:30
Wills and Other Methods of Settling a Small Estate
• What is a Will?
• Who Should Have a Will?
• Testamentary Capacity
o Unusual bequests
• Will vs. Trust
• Elements of a Will
o Declarations
o Statement of Intent
o Disposition
o Executor
o Standard Clauses
• Signing and Witnessing
• Post Execution Instructions
• Simple Will Administration
Anthony Chicotel, Leslie Bigler Lindgren

12:30
Adjourn