Guardianship 101 (4 CLE)
04/04/2012 08:30
04/04/2012 13:00
This popular course gives you the practical information and tools for handling guardianships.
Presented at a basic level, you will learn answers to questions such as these: How do you evaluate when guardianship is really appropriate? To whom do you have an ethical obligation? What must the guardianship petition contain? How do you prepare for the hearing? What are the responsibilities and the limitations placed on the guardian? And so much more! A perfect opportunity to master the fundamentals of guardianship.
4 Total CLE credits, 1 of which may be applied toward Ethics
$254.00 Members--PA or any co. bar assn.
$229.00 Early Registration ~ *Registrations received more than 3 days before the presentation qualify for this Early Registration.
$274.00 Nonmember
$249.00 Early Registration ~ *Registrations received more than 3 days before the presentation qualify for this Early Registration.
8:30 – 10:10
Before Seeking a Guardianship
Types of Guardianships
Emergency
Permanent
Limited
Plenary
Why and When to Consider Guardianship
Mental and/or physical health
Financial issues
Estate planning
Availability of "less restrictive alternatives"
Identifying the Client & Client Engagement Issues
Who is the client
Client engagement letter
Attorney’s fees
Representing a Potential Petitioner
Standing
Attorney responsibilities and ethical obligations
Conflicts of interest
Attorney compensation
Representing an Alleged Incapacitated Person
Attorney responsibilities and ethical obligations
What to do when client’s actions are harmful to himself or herself
Conflicts of interest
Levels of capacity – determining when documents can and cannot be executed
Attorney compensation
Representing Other Parties
Family members & other parties in interest seeking the role of guardian
Evaluating Clients’ Capacity Issues
Recognizing symptoms
Questions to ask at initial meeting
Appropriate responses
Identifying capacity issues (i.e. dementia)
10:10 – 10:20
Break
10:20 – 11:30
Seeking to Establish the Guardianship
Drafting the Petition
Statutory & local rule requirements
Consideration of least restrictive alternative
History
Nature of proposed guardianship — emergency; limited v. plenary
Identity of proposed guardian(s) of person and estate
Financial information
Personal and financial privacy issues
Ethical Issues
When should an attorney request counsel for an alleged incapacitated person
Evidentiary Considerations
Obtaining expert testimony
HIPAA concerns
Interested parties
Testimony of alleged incapacitated person
The Guardianship Hearing
Presenting expert testimony and fact witnesses
Emergency Hearings
The Court Order (or Decree) & Notice
11:30 – 11:40
Break
11:40 – 12:50
Now That You Have a Guardianship
Representing the Guardian
Guardian responsibilities
Filing and reporting requirements
Managing finances
Healthcare decisions
Conflicts of interest
Conflicts among guardians
Representing the Incapacitated Person
Regaining capacity
Review hearing & ethical obligations
Conflicts with guardian(s)
Special Authority
Estate planning/gifting
Long term care planning
Continuation of a business
End of life decisions
Compensation of counsel
Invasions of principal
Sale or transfer of real estate
Mental health commitment
Attend this course to
Make sure you understand how and when to seek the appointment of a guardian
Get great tips for handling a guardianship hearing
Learn practical, tried and true tips for obtaining expert testimony
Discover what must be included in the guardian’s annual report
Explore ways to avoid getting caught in the snare of the ethical traps common to guardianship practice
Find out the circumstances sufficient to consider an "emergency" guardianship