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Seminar Detail

Oregon Elder Law - 2019

Friday, May 31, 2019 at 8:30 AM - 4:00 PM

This event is not currently available for purchase.

For more information: Call (800) 844-8260
Course Description:

If you provide services to geriatric populations, your organization faces a legal and regulatory maze. In order to understand the needs and concerns of patients and their families, and to provide appropriate services and referrals, you are expected to have a thorough understanding of common and complex issues related to planning for health and financial decisions including advance directives; Oregon’s Medicare insurance policy changes; Medicaid eligibility, answers to commonly asked questions regarding Medicaid; guardianship/conservatorship issues – and more.

Mr. Fitzwater, Ms. Hylton, and Mr. Hale will provide current information that is crucial to understanding the legal and financial issues which impact the everyday aspects of providing health care services. You will leave this seminar with more confidence in care planning and case management of your geriatric patients.
  1. Explain informed consent and financial and health care advance directives.
  2. Discuss Oregon Medicare insurance policy changes.
  3. Explain transitions to Medicare from OHP and Marketplace Plans.
  4. Discuss new developments in Medicaid.
  5. Define transfer penalties and look back periods.
  6. Identify duties/powers of a guardian/conservator and explain the guardianship/conservatorship process.

8:00 am - Registration, Sign-In, & Course Materials (Morning Coffee & Tea)

8:30 am – Health & Financial Planning for Seniors – Wes Fitzwater .5 Ethics
  • The “Aging” Demographics
  • What is Legal “Incapacity”? Working with a Questionably Competent Client
  • Planning for Health Decisions
    • The Oregon Advance Directives
    • POLST
    • Decision-Making with No Advance Directives
    • Health Care Representative
  • Planning for Financial Decisions
    • Power of Attorney
    • Wills
    • Revocable Living Trusts
    • Consequences of Joint Ownership of Assets
9:30 am - Break

9:45 am – Medicare for 2017 – Donna Delikat
  • Quick Medicare Basics & How Can SHIBA Help
  • Transitions to Medicare from OHP and Marketplace Plans
11:45 am - Lunch (On Your Own)

12:45 pm – Medicaid Rules & Planning – Wes Fitzwater
  • Medicaid for a Single Person
  • Protecting the Well Spouse
  • Health Care Need – Service Level Priorities
  • The Income Cap & Income Cap Trusts
  • Transfer Penalty/Look Back
  • Annuities
  • Spousal Impoverishment Rules
  • Spend-down
  • Disability Trusts
  • Resource Assessment
  • Strategies to Protect the Family Home
  • Latest Developments
2:15 pm - Break

2:30 pm – Guardianship/Conservatorship – Theressa Hollis 1.0 Ethics
  • Guardianship – A Last Resort
  • Least Restrictive Alternative
  • Who Can Act as a Guardian?
  • How Much Does it Cost?
  • Conservatorship of the Estate
  • Removal/Termination
  • Inventory Bond & Accountings
  • Powers & Duties of Guardian/Conservator
  • The Protected Person – Legal Status & Rights
  • Temporary & Emergency, Limited & Full Guardianship
  • Contested Guardianship & Conservatorship
  • Latest Developments
4:00 pm - Evaluations, Adjournment, & Certificates
Target Audience

  • Social Workers
  • Nursing Home Administrators
  • Nurses
  • Counselors
  • Admissions Directors
  • Case Managers
  • Discharge Planners
  • Health Care Facilities
  • Financial/Business Office Managers
  • Patient Care Coordinators
  • Psychologists
  • Professionals working with, caring for & advising the elderly & their families will greatly benefit from this intense one-day seminar


Wes Fitzwater, J.D., is a partner in the law firm of Fitzwater Law, LLP. His practice focuses on the crisis issues faced by the elderly and their families, including incapacity, guardianship and conservatorship, long-term care, and end-of-life concerns. Mr. Fitzwater is an author and instructor on topics including long-term care, incapacity, guardianships and conservatorships, legal ethics and professionalism and is the co-editor of the Oregon State Bar publication entitled, The Elder Law Handbook He holds a JD from the University of Puget Sound, School of Law in Tacoma, Washington. Mr. Fitzwater is a member of the National Academy of Elder Law Attorneys (NAELA); is past chair of both the Oregon State Bar Elder Law Section and the Estate Planning and Administration Section; and is a member of the Multnomah County Inter-Agency Committee for Adult Protection. He received the Volunteer of the Year Award from the Alzheimer’s Association and Mr. Fitzwater received the OSB President’s Membership Service Award for volunteer law-related services. Mr. Fitzwater was named an Oregon Super Lawyer for the past seven years.

Speaker Disclosures:

Financial: Wes Fitzwater is a partner for Fitzwater Meyer Hollis & Marmion, LLP. He receives a speaking honorarium from PESI, Inc.

Non-financial: Wes Fitzwater is a member of the National Academy of Elder Law Attorneys.


Theressa Hollis, J.D., is a partner with the law firm of Fitzwater Meyer Hollis & Marmion, LLP. Her practice emphasizes legal issues unique to the elderly and their families, including guardianship and conservatorship proceedings, probate estates, trust administration, and estate planning. She specializes in emergency (“temporary”) guardianships and conservatorships.

Ms. Hollis is a frequent volunteer at the Legal Aid Services’ Senior Law Project; a faculty speaker for the Oregon Law Institute and the Multnomah Bar Association on the issues of probate administration and guardianships; she is a member of the Clackamas Adult Abuse Training and Staffing team, the Guardian/Conservator Association of Oregon, the Clackamas, Multnomah and Oregon State Bar Associations, and a member of the Elder Law and Estate Planning Sections of the Oregon State Bar Association. She is also president of the board of trustees for Guardian Partners, a non-profit that monitors guardianships and trains newly appointed fiduciaries. Ms. Hollis holds a J.D. from Willamette University College of Law in Salem, Oregon.


Donna Delikat, field/training officer for the Senior Health Insurance Benefits Assistance (SHIBA) program, has focused her work life on the aging population since 2004. She re-careered into the field of gerontology and spent the summer of 2005 working on the Oregon AARP publication Resources on Caring for your Aging Relative or Friend, A Guide for Employers and Employees. Since then she has studied Medicare and its related insurances extensively. She provides training throughout Oregon to groups and individuals, some of whom decide to serve as certified Medicare counselors in their community. SHIBA counselors offer assistance with insurance choice counseling as well as issue resolution and advocacy.


Christopher Ray, is a an attorney at the law firm of Fitzwater Law, LLP. His practice concentrates on special needs planning, probate, Medicaid, and adult guardianship and conservatorship matters. Mr. Ray has always enjoyed working with individuals and families to help loved ones. Prior to joining Fitzwater Law, he worked with clients in northwest Indiana to achieve their goals in probate, guardianship, and Medicaid matters. Mr. Ray earned his J.D. from the Valparaiso University School of Law and his undergraduate degree (biology) and MBA from Valparaiso University in northwest Indiana. He is a member of the Academy of Special Needs Planners (ASNP) and Guardian/Conservator Association (GCA) of Oregon.
Credits listed below are for full attendance at the live event only. After attendance has been verified, pre-registered attendees will receive an email from PESI Customer Service with the subject line, “Evaluation and Certificate” within one week. This email will contain a link to complete the seminar evaluation and allow attendees to print, email or download a certificate of completion if in full attendance. For those in partial attendance (arrived late or left early), a letter of attendance is available through that link and an adjusted certificate of completion reflecting partial credit will be issued within 30 days (if your board allows). Please see “live seminar schedule” for full attendance start and end times. NOTE: Boards do not allow credit for breaks or lunch.

If your profession is not listed, please contact your licensing board to determine your continuing education requirements and check for reciprocal approval. For other credit inquiries not specified below, or questions on home study credit availability, please contact or 800-844-8260 before the event.

Materials that are included in this course may include interventions and modalities that are beyond the authorized practice of mental health professionals. As a licensed professional, you are responsible for reviewing the scope of practice, including activities that are defined in law as beyond the boundaries of practice in accordance with and in compliance with your professions standards.

The planning committee and staff who controlled the content of this activity have no relevant financial relationships to disclose. For speaker disclosures, please see speaker bios.

PESI, Inc. offers continuing education programs and products under the brand names PESI, PESI Healthcare, PESI Rehab and Psychotherapy Networker.

This seminar includes 1.5 hours of state specific ethics instruction. If ethics is not specified within your licensing board’s approval statement below, please contact your board to determine the applicability and amount of ethics allowed.

Respiratory Care Practitioners
This program has been approved for 6.33 contact hours Continuing Respiratory Care Education (CRCE) credit by the American Association for Respiratory Care, 9425 N. MacArthur Blvd. Suite 100 Irving TX 75063. Course #. Full attendance is required to receive a certificate of successful completion.

This intermediate activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from the activity and contact your state board or organization to determine specific filing requirements.

Oregon Counselors: This intermediate activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please contact your licensing board to determine if they accept programs or providers approved by other national or state licensing boards. A certificate of attendance will be awarded at the end of the program to participants who are in full attendance and who complete the program evaluation.

Nurses, Nurse Practitioners, and Clinical Nurse Specialists
This activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from this activity and contact your state board or organization to determine specific filing requirements.

Nursing Home Administrators
This educational offering has been reviewed by the National Continuing Education Review Service (NCERS) of the National Association of Long Term Care Administrator Boards (NAB) and approved for 6.0 clock hours and 6.0 participant hours. Full attendance is required; no partial credits will be offered for partial attendance.

Oregon Psychologists: This live activity consists of 360 minutes of continuing education instruction and is designed to meet the requirements of the Oregon Board of Psychology. Please save the course outline, certificate of completion, and any other supporting documentation you receive from this live activity in case it is requested by the board.

Social Workers
PESI, Inc., #1062, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. PESI, Inc. maintains responsibility for this course. ACE provider approval period: January 27, 2017 - January 27, 2020. Social Workers completing this course receive 4.5 Clinical Practice and 1.5 Ethics continuing education credits. No more than 6.0 total CE hours may be awarded for this activity. Course Level: Intermediate. Full attendance is required; no partial credits will be offered for partial attendance. A certificate of attendance will be awarded at the end of the program to social workers who complete the program evaluation.

Other Professions
This activity qualifies for 360 minutes of instructional content as required by many national, state and local licensing boards and professional organizations. Save your course outline and certificate of completion, and contact your own board or organization for specific requirements.

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