| SUCCESSFUL STRATEGIES FOR AVOIDING AND LITIGATING GUARDIANSHIP DISPUTES
7TH ANNUAL GUARDIANSHIP LAW CONFERENCE
CO-SPONSORED WITH THE MASSACHUSETTS GUARDIANSHIP ASSOCIATION
Please Note: This course has already
been held.
Date: Friday, November 04, 2011
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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The Massachusetts version of the Uniform Probate Code includes heightened protections for the rights of individuals with diminished capacity. Among these is the availability of court-appointed counsel for the subjects of guardianship and conservatorship petitions, affording them the benefit of adversary proceedings in matters concerning their most fundamental civil rights.
But legal proceedings, while providing a just resolution to conflict, may also expose a vulnerable person to emotional and psychological injury, fractured relationships with friends and family, and seriously depleted financial resources.
This program focuses on methods to resolve disputes in protective proceedings while protecting the rights, relationships and estates of incapacitated individuals. The panel of experts presenting is an extraordinary group featuring experienced justices of the Massachusetts probate courts, a psychiatrist/attorney who is renowned for her advocacy and expertise and who offers unique clinical and legal perspectives as well as attorneys with extensive experience litigating guardianship and conservatorship matters as well as achieving agreements outside of court.
Who Should Attend:
Anyone in a position of advocacy for individuals with limited cognitive capacity will benefit from this program. Attorneys as well as professionals in the fields of medicine, social work, psychology and other protective services will derive useful and practical information regarding legal proceedings and dispute resolution involving individuals with diminished capacity as well as direction to additional helpful resources.
Attend and Learn:
- How to handle guardianship and conservatorship proceedings under the new law
- How to avoid protective petitions through the use of health care proxies and powers of attorney
- How to effectively resolve guardianship and conservatorship disputes and avoid litigation
- How to assist the subject of guardianship or conservatorship proceedings to request legal representation
- How to incorporate best practices specific to guardianship/conservator litigation
- How to guard the rights of an incapacitated individual by carefully defining a limited guardianship
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Lawrence K. Glick, Esq., Co-Chair
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Needham, MA |
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Eileen Sullivan-Boss, Esq., Co-Chair
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West Springfield, MA |
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William J. Brisk, Esq.
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Law Office of William J. Brisk, Newton |
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Judith M Flynn, Esq., Chair
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Elder Law Office of Judith M. Flynn
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Stan Goldman, Esq., Director
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Mental Health Litigation Division, Committee for Public Counsel Services |
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Oran Kaufman, Esq.
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Oran Kaufman, Attorney & Mediator, Amherst, MA |
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Honorable Gail L. Perlman (ret.)
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Hampshire Probate & Family Court |
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Honorable Susan Ricci
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Worcester Probate & Family Court
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Richard P. Schmidt
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Judicial Case Manager, Norfolk Probate & Family Court
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Marilyn J. Schmidt, Esq.
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Schmidt & Sikes, P.C. |
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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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| S C H E D U L E / A G E N D A |
| 9:00 |
WELCOME AND INTRODUCTIONS |
| Judith Flynn, President, MA Guardianship Association
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| 9:10 |
HOW MUPC IMPACTS LITIGATION |
- Specifically Provides for Appointment of Counsel
- Effect of Law on Counsel Appointments and Litigation Generally
- Can Respondent Retain Counsel of His/or Her Choosing
- Is Zaltman Still Good Law?
PANEL:
Stan Goldman, Honorable Gail Perlman (ret.), Honorable Susan Ricci, and Richard Schmidt
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ADDRESSING REASONS FOR AVOIDING LITIGATION: COSTS, FINANCIAL AND EMOTIONAL, DISTRACTION FROM RESPONDENT’S NEEDS
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| 9:45 |
HEALTH CARE PROXY AND POA AS ALTERNATIVE TO GUARDIANSHIP |
- Capacity to Execute to Avoid or to Minimize Guardianship/Conservatorship
- Affirmation of Health Care Proxy to Avoid Guardianship
Moderator:
Eileen Sullivan-Boss Panel:
William J. Brisk and Dr. Rebecca Brendel Weintraub
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| 11:05 |
MUPC PROVIDES OPPORTUNITIES FOR NEGOTIATION AND MEDIATION |
- Limited Guardianship
- Co-Guardianship
- Issues Addressed in Guardianship Plan
- Authority of Guardian Defined by Needs of Respondent
- Guardian ad Litem May Limit Issues or Foster Settlement
- Perspectives on Court Referrals
- Elder Mediation –What’s Different?
Panel:
Oran Kaufman, Honorable Gail Perlman (ret.), Richard Schmidt and
Dr. Rebecca Brendel Weintraub
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| 12:15 |
LUNCH (on your own) |
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HOW TO PREPARE FOR AND SUCCEED IN LITIGATION
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| 1:15 |
BEST PRACTICES FOR PREPARATION AND DISCOVERY RESOLVING ISSUES CONCERNING STANDING & PETITIONS TO EXPAND |
Panel:
Lawrence Glick and Marilyn Schmidt
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| 1:45 |
ROLE OF PETITIONER’S COUNSEL, ROLE OF RESPONDENT’S COUNSEL, HOW TO PREPARE AND INVOLVE RESPONDENT |
Panel: Lawrence Glick and Stan Goldman
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| 3:15 |
DIRECT AND CROSS EXAMINATION OF AN EXPERT |
| Panel Discussion of Examinations and Use of Experts Panel:
Lawrence Glick, Marilyn Schmidt, Honorable Susan Ricci and Dr. Rebecca Brendel Weintraub
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| Date: |
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Friday, November 04, 2011 |
| Tuition: |
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$200; $170 for Suffolk Alums, attorneys admitted to the bar after 2009 and members of MGA. The course materials for this program will be published electronically and will be emailed to you prior to the conference. If you would like to purchase a hard copy, there will be an additional charge of $35.00. It will be sent after the conference.
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| Walk-Ins: |
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Please call 617.573.8627 to confirm space availability.
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| Refunds: |
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There is a $15.00 cancellation fee if you cancel the business day before. 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 and ME. This conference has also been approved for 7.0 MHL credits.
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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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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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