News

Elder Law Basics

Make plans to join us for this exciting program. This program is for attorneys who want to understand what elder law practice is all about or are looking for a quick refresher course on the basics. Two sessions will focus on government benefits, this will include Medicaid and a review of VA benefits. Speakers will address best practices for Power of Attorneys and help you identify the client's needs and determining capacity. Click here to sign up today.

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Knox County Lawyer Suspended

The Tennessee Supreme Court today suspended Knox County lawyer James Lester Kennedy from the practice of law for one year. Kennedy served as the executor of an estate that was opened in 1987. In 2009, the beneficiaries discovered that the estate had not been closed, that Kennedy had ignored repeated orders by the Court to appear and settle, and in 2000, the Court had retired the case due to inactivity. Kennedy was  found in contempt and the Court removed him as executor.   
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Item of Interest

Below is an article that was published in the the Disability Section Connect. We thought it had information that would be of interest to those of you in this section as well.  

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Elder Law Forum 2017 This Friday

The Elder Law CLE Forum will be held this Friday at the ATT Building in downtown Nashville. This full-day forum offers essential and practical material for practicing Elder Law attorneys and those interested in Elder Law. Registration is still open, so sign up or get more information now

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Disability Rights TN Conducting Survey on Needs and Resources

Disability Rights Tennessee is conducting a survey to gather information from people with disabilities, family members, service providers and professionals to help shape the work of the organization. Attorneys working in the disability rights field are asked to contribute their thoughts. Others are asked to share the survey with friends and colleagues in the disability rights field, so an accurate picture of the needs of those with disabilities can be compiled. The deadline to respond is July 15. For more information contact DRT at (800) 342-1660 or gethelp@disabilityrightstn.org.

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New Senior Law Website Launched

West Tennessee Legal Services has launched a website, TnSeniorLaw.org, to provide legal information and resources to Tennessee senior citizens. The site includes nearly 60 printable factsheets and informative videos on legal issues relevant to seniors, including conservatorships, long-term care and Medicaid. The project was made possible by a Serving Tennessee Seniors grant and adapted some topics from the TBA's Senior Law Handbook. 

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July TBJ: Mentors, Annuities and the Challenges of Change

Covington lawyer Amber Griffin Shaw writes about how having a mentor in Houston Gordon made all the difference in her law practice. Read her story — and his advice — in the July Tennessee Bar Journal. Knoxville lawyer Glen A. Kyle writes about planning options for spousal annuities. President Lucian T. Pera writes about the challenges of change – whether it be in the changing of leadership at the helm of the TBA, the need for improvements in indigent defense for Tennessee’s least-privileged citizens, or how lawyers respond to the dramatic changes “facing not just the profession or the business of lawyers, but the whole market for the delivery of legal services.”

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Elder Law Section to Meet at Annual Forum

Please make plans to join the TBA Elder Law Section for a lunch business meeting in conjunction with this year’s Elder Law Forum.


TBA Elder Law Section Lunch Business Meeting
Friday, July 14, Noon – 1 p.m. Central Daylight Time
AT&T Building Auditorium, 333 Commerce Street in Nashville


Please note that you do not have to be registered for the TBA Elder Law Forum to attend the Section’s lunch business meeting, but LUNCH WILL ONLY BE PROVIDED FOR SECTION MEMBERS WHO RESPOND that they will attend this lunch business meeting.

To confirm that you will attend the TBA Elder Law Section Lunch Business meeting, please respond to Wil Hammond - NO LATER THAN FRIDAY, JULY 7.

If you have not yet registered for the TBA Elder Law Forum, there is still time to do so online or by calling 615-383-7421.

This full-day program, sponsored by the Elder Law Section of the Tennessee Bar Association, offers essential and practical material for practicing elder law attorneys. The program will cover topics affecting seniors who reside in Tennessee. It provides 4.75 General CLE credit hours and 1.5 Dual hours.

Some of the highlights include:

  • Special Needs Trusts
  • ABLE TN
  • Nursing Home Law Developments
  • Medicare Issues
  • Estate Planning, Wills and Tax Implications
  • Legislative Update

The program will run from 8:30 a.m. – 4:15 p.m.

We hope to see you there!

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LAET to Host 3 Legal Clinics for Seniors Thanks to Grant

Legal Aid of East Tennessee will host three legal clinics for seniors in Knoxville this month, thanks to the “Serving Seniors” grant and The Community Foundation of Middle Tennessee. The first clinic will be held June 13 from 9:30 a.m. to 10 a.m. at the Frank Strange Senior Center in Lovell Heights, the second will be on the same day from 10 a.m. to noon at the Corryton Senior Center, and the third will be on June 15 at 1 p.m. at the South Knoxville Senior Center. Each session will continue until everyone present has been served, and no appointment is necessary. The grant is being administered by the Community Foundation through the settlement of a lawsuit against SeniorTrust and ElderTrust.
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Turn Your Expertise into a Magazine Article

It’s no surprise that some of the best articles in the Tennessee Bar Journal have come from TBA section members. Your membership in this section shows that you have a keen interest in trends, developments and case law in this practice area. Sharing this knowledge with your colleagues is one of the best traits of the profession.

How can you become a Journal author? Think of and refine your topic. It should be of interest to Tennessee lawyers, which is a broad criteria. This could mean you might explain a new state law, explain a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. Then take a look at the writer’s guidelines at http://www.tba.org/submit-an-article, which will tell you about length, notes and other details. Once it’s in the proper format, send it in! It goes to the editor, Suzanne Craig Robertson, who will then get it to the seven members of the Editorial Board for review.

If you are published, you may apply for CLE credit for your work under Supreme Court Rule 21 Section 4.07(b). For details on claiming the credit, check with the Commission on CLE & Specialization at http://www.cletn.com/.

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ABLE, Nursing Home Law, Estate Planning and More at 2017 Elder Law Forum

The TBA's annual Elder Law Forum will be held July 14 at the AT&T Building in downtown Nashville. Sessions will cover ABLE, Special Needs Trusts, Medicare bundled billing, estate planning, wills and corresponding tax implications. Legislative updates will be provided to include information regarding nursing home law developments and regulations. A new session will address how to avoid pitfalls involving families and the representation of elders.

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TBA Convention in Kingsport is Just Around the Corner

Registration is open for the 2017 TBA Annual Convention. This years programming offers plenty of opportunities to make new friends and renew acquaintances with colleagues from across the state. The highlight comes Thursday night with the Kingsport Karnival at the downtown Farmers Market. Along with fabulous food and drink, there will be live music from two bands, an aerialist, juggler, magician, body and face painters, caricaturist and more. Plus, you'll have access to the fabulous Kingsport Carousel, the delightful project of community artisans. Special thanks to Eastman for support of this event! 

This years convention also offers 12 hours of CLE programming, highlighted by sessions on the Hatfields and McCoys, The Neuroscience of Decision-Making, and the popular Better Right Now wellness program. It is all set at the beautiful MeadowView Marriott Conference Resort & Convention Center. To receive the TBA $129 room rate, you must book your reservation by May 23. Book your room online now or call 423-578-6600.

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Call For Submissions — Law Practice Pointers

One of the benefits of being a TBA Section Member is having access to information from experienced practitioners to assist in your day-to-day practice. The sharing of this information amongst colleagues is one of the best traits of the profession. It is also a way of helping each other to maneuver the evolving legal market and strengthen your legal practice.

How can you help your fellow Section Members?  If you have some Law Practice Pointers you would like to share with your fellow section members, write an article between 300-500 words and submit it to the Section Coordinator for review and approval. These Law Practice Pointers can be related to a court opinion, piece of legislation, or current event or industry trend that affects the practice of law as it relates to the specific Section. The main requirement is to make sure the article gives lawyers practical tips, based on experience, to include in their day-to-day practice.

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Grant Applications Now Being Accepted for SeniorTrust/Elder Trust Settlement Funds

After $35 million in funds were made available from two cases settled in Davidson County Chancery Court, the grant submission process for those funds is now ready to begin. The funds must be utilized on a statewide basis with local impacts in addressing four specific senior issues in Tennessee: affordable senior housing, senior dental, senior transportation and legal assistance for seniors. The deadline to submit applications is July 31, 2017. Find the application materials here.
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New Law Would Toughen Penalties, Fines for Elder Abuse

Legislation that increases penalties and fines for elderly abuse and creates a new offense for those who do not report it passed out of the House Criminal Justice Committee today and will now go to the House Finance Committee. Sponsored by Rep. Kelly Keisling, R-Byrdstown, and Sen. Mark Norris, R-Collierville, the bill (HB0810/SB1230) is supported by the District Attorneys General Conference, which was acting on findings provided by a governor’s task force. The Senate version of the bill, which is set to go before the Finance, Ways and Means Committee, differs some from the House version. It applies the protection to those 80 and older, while the House version applies it to those 70 and older. A fiscal note attached to the bill says there would be a $4.2 million cost for additional incarceration if the bill is passed.

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Crider Named Chair of Baker Health Care Litigation Group

Christy Tosh Crider, a shareholder in Baker Donelson’s Nashville office, has been named chair of its Health Care Litigation Group, the Tennessee Ledger reports. She will continue to serve as chair of the firm’s Long Term Care Group, as well as the Woman’s Initiative. Crider’s practice is concentrated in the long-term care and behavioral health industries, managing the litigation of numerous long term care facilities around the country.
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CLE Outlines How to Change Your Practice to Meet Market Demands

The fourth and final CLE in the “Modern Law Practice Series” will explore emerging trends in the delivery of legal services and how focusing on consumer behavior could benefit your law firm. This session will examine the ways in which consumer-facing companies like Avvo and LegalZoom have capitalized on tailoring services to the needs of the modern legal client and how you can adjust your practice to meet those same demands. The program will be held April 13, and will be available in person and on-demand.

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$35M to Be Granted to Statewide Aging Programs

About $35 million will soon be made available through a grant process stemming from the settlement of two Davidson County Chancery Court cases in Tennessee. In August, the court ordered that the funds would be used "to sustain and improve the quality of life for the elderly of Tennessee.” The court also ordered the funds be used “on a statewide basis with local impacts” in addressing four specific senior issues in Tennessee: affordable senior housing, senior dental, senior transportation and legal assistance for seniors. Learn more about the process from the Tennessee Commission on Aging and Disability.

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$35M to Be Granted to Statewide Aging Programs

About $35 million will soon be made available through a grant process stemming from the settlement of two Davidson County Chancery Court cases in Tennessee. In August, the court ordered that the funds would be used "to sustain and improve the quality of life for the elderly of Tennessee.” The court also ordered the funds be used “on a statewide basis with local impacts” in addressing four specific senior issues in Tennessee: affordable senior housing, senior dental, senior transportation and legal assistance for seniors. Learn more about the process from the Tennessee Commission on Aging and Disability.

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TBA Mashup and Mini Legal Hackathon this Friday

In conjunction with the Law Tech UnConference CLE this Friday, the TBA is also offering a variety of free events and programs for lawyers we’re calling a Mashup. One program will teach you about Legal Hackathons and see one in action. A Legal Hackathon is a collaborative effort of experts in the legal profession collaborating with a computer programmer to find a technology assisted solution to a problem in the legal industry. Join the TBA Special Committee on the Evolving Legal Market for a mini legal hackathon that will demonstrate the power of collaborative minds at work. We will have tasty beverages and snacks to help you get your collaborative juices flowing.  
 
Other programs that will be a part of the Mashup include Pro Bono In Action which will show you various pro bono programs you can participate in to help your fellow Tennesseans and Member Benefit Programs that will provide you information on  Fastcase 7, health insurance options for small firms, ABA retirement funds and professional liability insurance.
 
Please sign up now to let us know you are coming.

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Crime Victims’ Private Records, Elder and Labor Law in This Issue

The Tennessee Supreme Court’s majority opinion in The Tennessean v. Metro last year was a victory for law enforcement and a significant setback for the state’s news media, writes Daniel Horwitz in this month's Tennessee Bar Journal. How the ruling will affect crime victims’ ability to protect their private records from public disclosure after criminal proceedings have concluded is uncertain. Also in the February Journal, Monica Franklin writes about The Special Needs Trust Fairness Act of 2016, Edward G. Phillips and Brandon L. Morrow’s column discusses times when protected activities provide a legitimate, nondiscriminatory reason for termination, while Bill Haltom enumerates the reasons why your valentine should be a lawyer. Read the entire issue.

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WTLS Scores Seniors Grant

In addition to Legal Aid of East Tennessee, West Tennessee Legal Services (WTLS) has received a “Serving Tennessee’s Seniors” grant from the Community Foundation of Middle Tennessee. The one-time grant of $15,300 will help WTLS expand senior-friendly access to legal help by creating a SeniorLAW website, which will include videos about legal issues affecting seniors, as well as printed instruction cards for using the website.
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Legal Aid Awarded Serving Seniors Grant

Legal Aid of East Tennessee (LAET) was one of 121 state nonprofits and government organizations to receive a grant from the Community Foundation of Middle Tennessee as a part of the Serving Tennessee’s Seniors program. Funding for the $25,000 grant to LAET was provided by the Chancery Court and administered by the Community Foundation through the settlement of a lawsuit against SeniorTrust and ElderTrust. The program is available to seniors in the following counties: Carter, Cocke, Grainger, Green, Hamblen, Hancock, Hawkins, Jefferson, Johnson, Sullivan, Unicoi and Washington.
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Help Needed Tomorrow for Memphis Veterans’ Clinic

A free legal clinic for veterans will be held Tuesday from noon to 2 p.m. at the Memphis Veterans Center, 1407 Union Ave., 11th floor. Volunteers are still needed, especially in the practice areas of criminal defense, family law and employment law. The clinic is co-sponsored by the Memphis Bar Association and Memphis Area Legal Services and takes place the second Tuesday of the month to assist veterans with legal advice. For more information and to volunteer, contact Jake Dickerson, 901-577-8236.

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State Courts Call for Guardianship Reform

The Conference of Chief Justices and the Conference of State Court Administrators Joint Committee on Elders and the Courts recently adopted a strategic action plan calling for modernization of and greater transparency in the guardianship/conservatorship process and improved state court oversight. The Adult Guardianship Initiative prioritizes the protection and enhancement of individual rights and calls for federal implementation of a Guardianship Court Improvement Program to spur nationwide reform.

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