Annual May CLE Event
Robert Fleming is a well-known speaker at national events. Robert is a partner in the firm of Fleming & Curti and the author of The Elder Law Answer Book. He is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona's Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert is a member of the State Bar of Arizona. Robert is also a member of the Special Needs Alliance, the premier national organization of lawyers working with "special needs" trusts, and the Elder Law Alliance, an elite national group of a dozen lawyers with a common interest in improving the practice of elder law.
Trust Protectors and Decanting have impacted irrevocable trusts. Other tools are available under common law to modify, reform, decant or otherwise adjust the existing trust. Since asset protection trusts became popular a few decades ago, mainstream American trust practitioners have steadily incorporated a number of the ideas and innovations arising from that developing body of law and practice. Learn how these tools can be used together to draft better trusts and “fix” those that have become challenging.
As the population inexorably ages, the incidents of dementia, disability and other problems are increasing and all practitioners, from those who fill the UHNW space to those who are dealing in Medicaid crisis planning, are faced with issues relating to client capacity. Learn strategies that offer clients opportunities for autonomy and self-direction. Increase your awareness relating to issues of undue influence and capacity to better protect your client and their loved ones.
Learn more about the ethical standards that should be observed when dealing with clients whose capacity is becoming diminished. What is the role of the attorney or the financial advisor? Can you treat the client the same as you would without capacity issues? Develop a greater familiarity with the mental and psychological limitations that you will encounter in working with these clients. Learn when you need professional assistance -- and what assistance might actually be helpful.