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MENTAL CAPACITY: THE LAW AND THE MEDICINE

Second Annual Guardianship Conference

Sponsored with the:
Massachusetts Guardianship Association
Flaschner Judicial Institute
Geriatric Care Manager (GCM)-NE
Health and Biomedical Law Concentration

Please Note: This course has already been held.

Date: Friday, October 27, 2006

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 04:45 PM

Schedule/Agenda
Registration Information

Unable to attend but are interested in the course materials?
Purchase Here!

Mental capacity is a critical issue in guardianships, which presents constant challenges to judges, lawyers and medical professionals. The differing views of the medical and legal communities regarding competence and capacity can create confusion in the courtroom and add to the complexity of guardianship representation. Recognizing that collaboration between the professions is essential to benefit clients, Mental Capacity: The Law and the Medicine brings together nationally renowned medical experts and experienced judges and lawyers to learn from each other.

The medical experts on the faculty provide cognitive, functional and behavioral assessment tools to help you understand how to assess capacity and identify impairment. You will learn about the different types of dementia and what constitutes an appropriate treatment plan. Once a case is in court, what information does the judge need to decide whether your client has sufficient mental capacity? What is the significance of the medical certificate? What will the process be? If you are the guardian, what should you do? Judges and lawyers will explore how the process can be improved and how to advocate effectively.

This conference gives you a unique opportunity to benefit from an interdisciplinary look at the multifaceted issues surrounding mental capacity. Participate in an engaging dialogue with medical and legal experts to gain an insightful and thorough understanding of capacity in your guardianship cases.

Attend and Learn:
  • The most common causes of incapacity
  • How to assess cognitive impairment
  • What to include in a legally useful medical certificate
  • What the court needs to make a determination of capacity
  • How to effectively advocate for your clients
  • Appropriate alternatives to guardianship



Interested in this CLE course but unable to attend?

Segments of this course will be available online. For more information call 617-573-8627 or email us at als@suffolk.edu.



  S C H E D U L E / A G E N D A

9:00 WELCOME AND INTRODUCTIONS
M. David Blake, Esq., Chair



9:10 SIX PILLARS OF CAPACITY ASSESSMENT: A FRAMEWORK FOR DECISION MAKING
  • Understanding a 6-part framework for capacity evaluation
  • Key questions regarding medical conditions that might impair capacity
  • Clarifying the role of cognitive assessment and screening
  • What are the domains of functional assessment relevant to adult guardianship
  • Understanding the role of values in capacity determination,
  • Assessing risk in capacity and the role of social context
  • How to enhance capacity in older adults
Jennifer Moye, Ph.D.
Director, Geriatric Mental Health Clinic, VA Boston
Associate Professor Harvard Medical School



10:00 ALZHEIMER.S DISEASE AND NON-ALZHEIMER DEMENTIAS: UNDERSTANDING THE TRAJECTORY OF COGNITIVE IMPAIRMENT
  • Why fewer than half of the people with dementias are either not diagnosed or misdiagnosed
  • What are interdisciplinary dementia diagnostic centers ?
  • How to avoid legal intervention due to a lack of a thorough diagnosis, treatment and management plan
  • What is an appropriate dementia diagnostic assessment ?
  • Tools to assess cognitive and functional status
  • How to recognize the cognitive and behavioral features of Mild Cognitive Impairment, Alzheimer disease, Lewy Body dementia, Vascular dementia and Frontal-temporal dementia
Gail Petersen, Ph.D.
ElderAdvocates, Inc., Spring Green, WI

Kim Petersen, M.D.
ElderAdvocates, Inc., Spring Green, WI



11:45 PANEL DISCUSSION AND Q&A
Jennifer Moye, Ph.D., Gail Peterson, Ph.D. and Kim Peterson, M.D.



12:15 LUNCH (ON YOUR OWN)

1:15 LEGAL DETERMINATION OF CAPACITY
  • What Is the Procedure for Determining?
  • What Is the Role of Guardians?
  • Use of Health Care Proxy as Alternative to Court Proceeding
  • In Case of Emergency, How to Be Heard by the Court
M. David Blake, J.D., Moderator
Blake & Associates, Boston, MA

Honorable Susan D. Ricci
Associate Justice, Probate and Family Court, Worcester Division

Honorable Geoffrey Wilson
First Justice, Probate & Family Court, Franklin Division

John H. Cross, J.D., Staff Attorney
Office of the Chief Administrative Justice
Probate and Family Court, Boston, MA

Robert E. Terk, First Assistant Register
Probate and Family Court, Worcester Division



2:15 HOW TO APTLY PREPARE MEDICAL CERTIFICATES
  • What Are the Common Problems with Medical Certificates?
  • How Can Medical Language Be Made More Understandable?
  • What Information Is Needed by the Court?
  • How to Apply Medical Standards to Legal Decisions
Jennifer Moye, Ph.D.
Director, Geriatric Mental Health Clinic, VA Boston
Associate Professor, Harvard Medical School

Honorable Geoffrey A. Wilson
First Justice, Probate & Family Court, Franklin Division



2:45 PANEL COMMENTARY AND Q&A

3:20 MOCK PRETRIAL WITH OFFERS OF PROOF
Honorable Susan D. Ricci – Presiding
Associate Justice, Probate and Family Court, Worcester Division

M. David Blake, J.D. - Representing the Petitioner
Blake & Associates, Boston, MA

Judith M. Flynn, J.D. - Representing the Proposed Ward
Law Office of Judith M. Flynn, Hingham, MA



4:20 PANEL DISCUSSION OF MOCK PRETRIAL

4:45 CONCLUDE

  G E N E R A L   I N F O

Date:  

Friday, October 27, 2006

Tuition:  

Tuition is $249; $199 for Suffolk alumni, attorneys admitted to the Bar after 2003 and members of MGA and GCM-NE. Centennial Scholarships provide a $100 discount off the full tuition price. They are available to any attorney or professional employed in public service, or unable to afford the tuition. For more information, call 617-573-8627.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call 617-573-8627 to confirm space availability.



Refunds:  

Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

Approved for CLE credit in RI, NH, VT & ME. This course provides 6 CE credits for GAL Category Q and 7 CPCS MH Litigation credits.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.




Directions to the Law School.

 

Unable to attend but are interested in the course materials?
Purchase Here!


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