| SIXTH ANNUAL GUARDIANSHIP LAW CONFERENCE
Practical Implementation Issues and Due Process Concerns
Co-Sponsored with the Massachusetts Guardianship Association
Please Note: This course has already
been held.
Date: Friday, November 05, 2010
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 04:30 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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Just a year since the implementation of Article V of the Uniform Probate Code (MUPC), the Court and attorneys across continue to collaborate to work out the “kinks” and streamline the process. The 6th Annual Guardianship Law Conference, Practical Implementation Issues & Due Process Concerns, features Chief Justice Paula M. Carey, presenting an update on the implementation efforts including revision and simplification of forms, pending legislative revisions, and volunteer efforts to assist family guardians with petitions and compliance requirements. Our expert panel of probate court judges, judicial case managers, experienced attorneys, and medical experts will explore the issues that attorneys and other professionals face every day in dealing with questions of client capacity. We will discuss whether the mandate of the MUPC has been upheld or if plenary appointments are still the norm, and the importance of working effectively with medical professionals to craft all pleadings with a focus on the abilities of the incapacitated or protected persons. Medical professionals will learn the requirements of assessment and documentation of capacity for the guardianship process. We will explore whether the MUPC has impacted the scope of representation and conflict of interest issues, and much more.
Who Should Attend:
This program will benefit professionals who deal in capacity issues with their clients, including attorneys, geriatric care managers, social workers, hospital discharge planners, professional and family guardians, and others. It is also designed to benefit medical professionals who are increasingly called on to make capacity assessments such as psychologists, psychiatrists, primary care and attending physicians.
Attend and Learn:
- How to assess whether your client has sufficient capacity to execute a Health Care Proxy, Durable Power of Attorney, or Will
- Whether suspected abuse/exploitation is properly considered in assessing capacity? How to determine whether a guardianship or conservatorship is necessary, or if your client is simply competent to make bad decisions
- Whether guardianship and conservatorship appointments have truly been limited as a result of the MUPC
- How to work effectively with medical professionals to ensure limitations where appropriate-both before and after appointment-through properly crafted Medical Certificates and Clinical Team Reports
- Whether attorneys have an ongoing responsibility to assist fiduciaries with their compliance requirements
- When attorneys should file for Limited Assistance Representation
- What constitutes a conflict of interest under the MUPC
- Whether you can later assist the appointed fiduciaries if you represented a facility or Elder Protective Services as Petitioner
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Judith M Flynn, Esq., Chair
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Elder Law Office of Judith M. Flynn
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Rebecca Brendel Weintraub, MD, JD
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Psychiatrist at MA General Hospital and Assistant Professor of Psychiatry at Harvard Medical School
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William J. Brisk, Esq.
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Law Office of William J. Brisk, Newton |
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Honorable Paula M. Carey, Chief Justice
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Probate & Family Court |
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James R. DeGiacomo
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Murtha Cullina LLP, Boston |
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Honorable Edward F. Donnelly, Jr.
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Probate and Family Court, Middlesex Division |
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John J. Ford, Esq.
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Director, Elder Law Project, Neighborhood Legal Services, Lynn |
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Lawrence K. Glick, Esq., Co-Chair
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Needham, MA |
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Elise S. Kopley, Esq.
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Fletcher, Tilton & Whipple, PC, Worcester |
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Honorable David G. Sacks
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Probate & Family Court, Hampden Division |
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Richard P. Schmidt
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Judicial Case Manager, Norfolk Probate & Family Court
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Barbara Siegel, Esq.
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Project Manager, Senior Partner for Justice, Boston |
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Eileen Sullivan-Boss, Esq., Co-Chair
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West Springfield, MA |
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Honorable Jennifer Rivera Ulwick
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Probate & Family Court, Norfolk County |
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| S C H E D U L E / A G E N D A |
| 9:00 |
WELCOME AND INTRODUCTIONS |
Judith M. Flynn, Esq., Chair
President of the Massachusetts Guardianship Association
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| 9:10 |
OPENING REMARKS |
| Honorable Paula M. Carey
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| 9:30 |
CAPACITY TO DESIGNATE SURROGATE DECISION MAKERS: THREE PERSPECTIVES |
| Legal-Standard for Executing Health Care Proxies, Durable Powers of Attorney and Wills Medical-Standard for Executing Health Care Proxies, Durable Powers of Attorney and Wills Judicial-Perspectives and MUPC effect on the validity of these documents
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| 11:30 |
USING MEDICAL EVIDENCE TO UPHOLD THE STATUTORY MANDATE OF THE MUPC |
- Have guardianships/conservatorships truly been limited as a result of MUPC?
- How can you effectively work with medical professionals to obtain appropriate Medical Certificates and Clinical Team Reports
- What information should counsel be seeking to ensure that all pleadings properly reflect the abilities of the incapacitated or protected person
- Using medical evidence to craft Petitions and Proposed Decrees that limit appointments in accordance with the abilities of the incapacitated or protected persons
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| 2:00 |
THE ROLE OF THE MEDICAL ASSESSMENT AND KNOWLEDGE POST-APPOINTMENT |
- What is the role of the attorney and the extent of ongoing obligations?
- What are the attorney’s fiduciary responsibilities?
- When should an attorney file for Limited Assistance Representation?
- Applying medical evidence to ongoing duties
- Working with physicians and finding experts
- Drafting care plan reports and other reporting requirements
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| 3:45 |
THE IMPACT OF HEALTH LAW REFORM ON GUARDIANSHIP LAW |
| John J. Ford, Esq.
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| Date: |
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Friday, November 05, 2010 |
| Tuition: |
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Tuition is $199.00, $179.00 for Suffolk Alumni, attorneys admitted to the bar after 2008 and members MA Guardianship Association.
CHECK REGISTRATIONS
If you would like to register with a check, the following link will lead you to a registration form. Please print out and send it along with your check to the address listed on the bottom of the form. Guardianship Registration Form
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| Walk-Ins: |
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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 to confirm space availability.
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| Refunds: |
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If for some reason you are not able to attend, you may send a substitute or call later than the business day before to receive a refund less a $15.00 cancellation fee. Otherwise, you will receive the course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT & ME. This program has also been approved for 6.5 Mental Health Litigation credits through CPCS.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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| Scholarships: |
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Are available to any attorney or professional employed in public service, or for whom attendance would otherwise present a financial hardship. submit written requests to Peniey McClary by fax, (617) 305-3099 or email pmcclary@suffolk.edu.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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