Fifth Annual Florida Fiduciary Conference
Presented by:
The Professional Fiduciary Council of Florida
Feather Sound Country Club
2201 Feather Sound Drive, Clearwater/St. Petersburg, Florida 33762
Evening Reception
Thursday, May 2, 2024, 5:00 p.m. – 7:00 p.m.
Full Day Conference
Friday, May 3, 2024, 7:30 a.m. - 5:00 p.m.
AGENDA
7:30-8:00 Registration, Continental Breakfast, Exhibitors
Late registration if space available, light breakfast items, visit Exhibitors.
8:00-8:15 Welcome and Opening Announcements
Darby Jones, Professional Fiduciary Council of Florida
8:15-3:30 GERIATRIC SCENE INVESTIGATION ROOM!
Be a detective in this interactive and educational experience for all attendees. Explore a fully staged “home” of your new Ward, Beneficiary, Client, or relative and see what clues you discover and what you miss! Prizes!!!
8:15-9:05 Session 1
Case Law and Legislative Overview AND the Implications of ChatGPT and AI for Fiduciaries
Speaker: J. Richard Caskey, Esq.
An eye-opening look at the future of fiduciary services, planning, and litigation.
9:05-9:55 Session 2
Watch out for the “Prudent Investor Rule.” Do not ignore this important process in your daily fiduciary responsibilities.
Speaker: Richard J. Milton, CFA,
Serving as a Trustee? POA? Guardian? PR? What are your duties and responsibilities regarding investments and the prudent investor rule?
Also, are you selecting the right investment relationship for your Wards, Clients, Beneficiaries?
9:55-10:10 Break/Visit Exhibitors/Explore GSI Room
10:10-11:50 Session 3
Afraid to serve as Agent under a POA or Health Care Surrogate? Know the Risks, Responsibilities, and Solutions! AND Practical Advice, Best Practices, and How to Successfully Serve as Agent under a POA and HCS!
Panel Discussion: Hung V. Nguyen, Esq., Betsy B. Leslie JD, Professional Fiduciary, Marianne Fisher, Professional Fiduciary.
What are the statutory requirements for serving in these roles? Am I serving or not? What am I responsible for, exactly? When am I responsible? Different forms of HCS. What to look for in the documents. Termination/resignation/removal issues.
Learn how to easily meet the legal duties and responsibilities as a Professional Fiduciary. Tips, best practices, and how to prepare yourself, your client, your files, your staff, and the family for the inevitable issues and feel confident in your role. Choosing care giver services, care managers, selection of facilities, hospital protocols and when and how to get help, record keeping, and more.
11:50-12:35 Box Lunch/Visit Exhibitors/Explore GSI Room
12:35-1:25 Session 4
Should I Stay or Should I Go? Considerations in Accepting Role as PR or Trustee
Speaker: Cady L. Huss, Esq.
This presentation will focus on the many considerations that should be addressed when a Trustee or Personal Representative is considering accepting a fiduciary role. Everything from special assets and troublesome beneficiaries to unusual terms in a governing document.
1:25-2:20 Session 5
So Now You Are the Fiduciary! Watching out for the Landmines and some Practical Advice
Speaker: Sandra F. Diamond, Esq.
Congratulations now you are officially the fiduciary! What are your first steps? How to identify and avoid troublesome issues while meeting your fiduciary responsibilities.
2:20-2:35 Break/Visit Exhibitors/Explore GSI Room FINAL VISIT!!!!
2:35-3:25 Session 6
The Future of Long Term Care: Trends, Challenges, and Opportunities
Speaker: Jason A. Waddell, Esq.
Long-term care is a vital component of aging in place, as it provides support and assistance to older adults who need help with daily activities or health conditions. This presentation will examine the current state and future outlook of long-term care, including the demand, supply, cost, quality, and innovation of long-term care services and products. It will also discuss how professional fiduciaries can help their clients navigate the complex and evolving long -term care landscape.
3:25-4:15 Session 7
AARP Florida Advocacy
Speaker: Chante’ Jones, Esq., AARP Associate State Director
AARP Florida will share their goals, vision, and resources for supporting and caring for our seniors including legislative initiatives, and community-based resources important for fiduciaries.
Panel Discussion: Guardianships – What “they” may not be telling you
Panel: Pamela D. Keller, Esq., Alexander S. Douglas, II, Esq.
The media has given a black eye to guardianship and professional guardians. Unfortunately, a few bad actors in the system have made it very difficult for the good ones to continue. The Florida Guardianship Statutory framework is one of the most well-developed in the country, but our guardianship system will not work without professional guardians. There is a chronic shortage of qualified and experienced professional guardians as many have retired, or no longer are willing to serve given the treatment by the courts and media. This panel will discuss the challenging statutory provisions that Professional Guardians face together with recommendations for improving the treatment and success of our Professional Guardians.
4:15-5:00 Session 8
Geriatric Scene Investigation Room Debriefing and Prizes!
Panel: Theresa L. Barton, Navigator, Advocate, Care Manager and Angela M. Adams, Esq.
Open discussion of the value of the GSI room and the hands-on lessons learned. Who is the best investigator in the room!!???? What did you find? More importantly, what didn’t you find!!!!
5:00-5:15 Closing remarks, prizes/raffles.
Diamond Sponsor |
Sapphire Sponsor |
Platinum Sponsor |
Intervention Success |
Silver Sponsor |
Adelphi Trust Company | Aging Life Care Association |
Easy Living | Spaulding Decon |
Trustate | Trustease |
American Cancer Society |
Angela M. Adams, Esq.Angela M. Adams practices estate and trust litigation with the Law Office of Wm. Fletcher Belcher in St. Petersburg. A native Floridian, she graduated from Vanderbilt University and returned to Florida where she received her law degree from Stetson University College of Law and was admitted to The Florida Bar. She was an associate in the St. Petersburg office of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., from 1986 to 1988, before joining Wm. Fletcher Belcher in 1988. She is a Fellow of The American College of Trust and Estate Counsel and a member of the Executive Council of the Real Property, Probate & Trust Law (RPPTL) Section of The Florida Bar. Angela currently co-chairs the RPPTL Section’s CLE Coordination Committee, is the immediate past chair of that Section’s Ad Hoc E-Wills Committee (2019-2022), is a past chair of the Trust Law Committee (2014-2019), and is a member of Probate and Trust Litigation Committee, Trust Law Committee, and Probate Law and Procedure Committee. She also served on the Section’s Power of Attorney Committee that authored the 2011 Florida Power of Attorney Act. Angela is listed as an AV Preeminent Rated Lawyer by Martindale-Hubbell and is recognized in Best Lawyers and Florida Super Lawyers. She is a frequent lecturer and writer on estate and trust topics. |
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Theresa L. Barton
An active member of the Central Florida Elder Care community, Theresa L. Barton has served as a leading Professional Guardian and Private Care Manager for nearly 30 years. Her firm, Guardian Care Management & Benefits Services, Inc. provides services to a diverse range of clients including incapacitated adults, elderly and/or disabled individuals, and the family members or processionals caring for elderly or disabled loved ones and clients. Theresa L. Barton has also served as advisor to several non-profit organizations, held positions with charities focused on the elderly/ disabled population, presents at many conferences: local, state & national elder-care focused groups, regularly educates families at local support groups, consulted with local law enforcement, acts as Mentor to many Guardians, is the Liaison for the CHG program, spearheads the Guardian Peer & Mentoring Group. Theresa’s compassion, education, and experience have made her a sought-after Care Manager, Estate Personal Representative, Past Professional Guardian, and a source of knowledge and resource throughout the local community and statewide. |
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J. Richard Caskey, Esq.
J. Richard Caskey ("Rich") practices at his law firm, J. Richard Caskey, P.A., in Tampa, where he focuses his practice in the areas of estate and trust litigation. As a Florida Supreme Court Certified Circuit Mediator and Certified Appellate Mediator, Rich also focuses upon mediation of guardianship, estate, and trust disputes. Rich is a fellow of the American College of Trust and Estate Counsel (“ACTEC”). He most recently served for five consecutive years as the Chair of The Florida Bar’s RPPTL Section Probate and Trust Litigation Committee and twice served as Vice-Chair of The Florida Bar Probate Rules Committee. Rich has served on a number of other committees of the Real Property, Probate and Trust Law Section and is a member of the RPPTL Executive Council. In addition to authoring many published articles, Rich frequently speaks at seminars and other events about estate and trust topics. He is a past Chairman of the Hillsborough County Bar Association Real Property, Probate and Trust Law Section. In the Tampa community, Rich serves on the board of directors of the MacDonald Training Center, an organization dedicated to empowering people with developmental disabilities to lead the lives they choose. Rich attended the University of Florida and is a "Triple Gator" having earned his B.S. in Accounting, M.B.A., and J.D. degrees from UF. |
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Sandra F. Diamond, Esq.Sandra Diamond is Board Certified by The Florida Bar in Wills, Trusts, and Estates. She is a Fellow of the American College of Trust and Estates Counsel; has served as the Chair of the Real Property Probate and Trust Law Section of The Florida Bar ; the RPPTL Probate and Trust Division Director and the RPPTL Legislation Chair. Sandra represents fiduciaries and beneficiaries in the administration of estates and trusts as well as assisting in proceedings to construe and modify testamentary documents. She is a frequent speaker on trust and estate topics as well as serving as expert witness on trust and estate administration. |
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Alex Douglas, Esq.
Alex’s extensive legal experience focuses on probate, trust, and guardianship litigation. He is rated by Martindale-Hubbell as an “AV” attorney, the highest rating, has been named a “Super Lawyer” by Thomson Reuters, and recognized as a Florida Legal Elite attorney throughout the years. He actively speaks on probate, trust, and guardianship law and participates in The Florida Bar’s Real Property, Probate, and Trust Law Section. He is also an active member of the Orange County Bar’s Estate, Trust, and Guardianship Committee where he serves on the Steering Committee. |
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Marianne Fisher
Marianne Fisher attended the University of Cincinnati, majoring in Civil Engineering, and the Ohio College of Applied Science, majoring in Construction Management. She has served as a Certified Professional Guardian since 2018. Marianne first worked for HealthSouth Corporation as a member of its corporate acquisition team. Constant travel convinced her to move back to Florida fill time, where she became the Chief Operating Officer for Florida Community Cancer and Imaging Centers. After three years of overseeing eighteen outpatient centers, their physicians, and two-hundred seventy-five employees she became the Chief Executive Officer for Oakhurst Medical Clinic and East Bay Medical Center, a primary care group of internal and geriatric medicine physicians with two large clinics and a staff of forty-five. After twenty years, in December of 2017, she successfully sold the group. Marianne presently is President and CEO of Safe Harbor Eldercare Services, LLC which is a consulting company helping seniors and their families navigate the complex issues they encounter in todays aged lifestyle. Using thirty years of resources and networks she has established in the Pinellas/Hillsborough area provides our clients an experienced CEO to act in their best interest. She currently serves on the GAPC Board of Directors, Seminole Chamber Foundation, and the Seminole Lake Rotary Foundation. |
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Cady Huss, Esq.Cady is an estate and trust lawyer with her own virtual firm based in the Tampa Bay area. Her primary focus is fiduciary litigation and dispute resolution. She is a Supreme Court Certified Circuit Civil Court Mediator and a Coach for lawyers and busy professionals. Cady is the former Chair of The Florida Bar’s Probate Rules Committee and is an Executive Council member of the Real Property, Probate, and Trust Law Section of the Florida Bar. She is the Co-Vice Chair of the Probate and Trust Litigation Committee and a former Chair of the Attorney-Trust Officer Liaison Committee. She is a member of the St. Petersburg Bar Association, the Pinellas Fellowship of Women’s Lawyers, an Adjunct Professor at Stetson College of Law, and a graduate of ACTEC’s Florida Fellows Institute. |
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Pamela D. Keller, Esq.The focus of Pamela’s practice is civil litigation. She also practices elder law, guardianship, Medicaid planning and probate and trust administration. Ms. Keller’s litigation practice includes commercial, transactional, construction, real estate and exploitation litigation. Her elder law practice includes complex and contested guardianship and probate litigation, preparation of estate planning documents and Medicaid planning.
Ms. Keller has over 35 years of experience trying civil cases in New York and Florida. She has appeared before the Federal and Supreme Courts in the State of New York and regularly represents clients in the Circuit Courts of Florida. She has been qualified as an expert by the Circuit Court in Florida testifying in an attorney malpractice action and a legal fee dispute.
In addition to bringing cases to verdict, Ms. Keller also is skilled in alternative dispute resolution, appeals and administrative hearings. In her elder law practice, she has developed a caseload of matters involving family fraud, successfully retrieving assets and property taken from aged clients by unscrupulous family members.
An advocate for the elderly, Ms. Keller has helped bring about Florida legislation and program funding that aids in protecting families dealing with Alzheimer’s disease and other forms of dementia. As chair of the Florida Council for Public Policy for the Alzheimer’s Association, Ms. Keller has lobbied on the state and federal levels on behalf of Alzheimer’s sufferers and their families.
In 2007, Ms. Keller founded the Keller Law Office in Punta Gorda, Florida. |
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Betsy Leslie, JDBetsy Leslie began serving as a Professional Fiduciary in 2015 and opened the doors to Tampa Bay Fiduciary, LLC in 2018. She serves as an Independent Trustee, Personal Representative, Agent under Power of Attorney, Health Care Surrogate, Curator and other roles of agency.
Betsy serves as an Independent Trustee for corporate and individual clients throughout the United States. From her Tampa office, Betsy, with the support of her experienced team, serves individuals from The Villages to the Everglades as Agent Under Power of Attorney, Health Care Surrogate, Personal Representative, Curator, and other roles of agency.
Betsy is a founding member of the Professional Fiduciary Council of Florida where she currently serves on the Executive Board and as Membership Committee Chair. She enjoys attending events to represent the PFCF and educate the public, the legal community and other Professional Fiduciaries about the Council and the myriad benefits it provides. |
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Rick Milton, CFA
As the Founder and Managing Partner of 103 Advisory Group LLC Rick is responsible for relationship management, investment management, and business development. He is frequently invited to speak at conferences and has had the privilege of sharing his investment insight across the country. Recently, Rick has been a guest lecturer at his alma mater, the University of Iowa. Prior to starting 103 Advisory Group LLC, Rick was a founding partner of MainStreet Investment Advisors LLC. Over 17 years at MainStreet he provided investment advisory services to community bank trust departments. Rick and his partners sold MainStreet to MB Financial in 2015. MB Financial was further acquired by Fifth Third Bank in 2018. To start his career Rick held positions at Feldman Securities Group, KPMG LLP and JP Morgan. Rick holds his Chartered Financial Analyst (CFA®) designation and is a member of the CFA Institute and CFA Society of Chicago. He is a graduate of the University of Iowa and a loyal Hawkeye fan. Rick lives in Chicago with his wife and two school-age daughters. He enjoys running, cycling, skiing and vacation travel. He has completed two Ironman Triathlons, several marathons, and countless races. |
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Hung Nguyen, Esq.Hung has extensive experience with probate, trust & guardianship litigation and administration, and commercial litigation. He is often asked to serve as a fiduciary by the courts and clients. Hung frequently lectures in the areas of probate, trust and guardianship law and is actively involved with the Florida Bar’s Real Property, Probate and Trust Law Section (RPPTL Section) where he serves on the Executive Council and is the former chair of the Guardianship, Power of Attorney, and Advance Directives Committee. He received the RPPTL Section’s inaugural fellowship for 2008-2010, its Rising Star award, and has been an active member of the Probate Rules Committee. In addition, Hung is certified by the Florida Supreme Court as a mediator and is a fellow of the prestigious American College of Trust and Estate Counsel (ACTEC). |
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Jason Waddell, Esq.Jason A. Waddell, is a Board-Certified Elder Law Attorney with the Waddell Law Firm in Pensacola, FL. His focus is on long term care planning. Jason is a former Chair of the Florida Bar Elder Law Section (1st in N.W. Florida). Jason sits on the Executive Committee for the Florida Professional Fiduciary Council. He has received multiple awards for his work in this field and commonly speaks throughout the State of Florida on the importance of Long-Term Care Planning. Jason is married to Amy Waddell, and they have one son. |