This session will explore key provisions of the Adult Guardianship pleading forms for multiple counties and provide tips on how to present the most persuasive case on paper. Suggested Court Orders will be discussed, including various findings that should be included in an Order when a guardian is appointed. We will also provide pointers for practitioners when serving as counsel for non-appointed parties, specifically in relation to Orders entered in the guardianship proceedings.
Elder care practitioners and all lawyers need to understand how to lawfully obtain access to mental health records and other confidential information. In many cases “confidential” information is not obtainable. In certain cases, access to confidential information can be obtained lawfully by following the statutory requirements. This presentation will provide practical and useful information about how to access confidential information.
A discussion focused on the legal, moral and ethical issues surrounding guardianship in the hit film, I Care a Lot. Plus, a discussion about the Britney Spears conservatorship/guardianship.
Studies suggest there are countless reasons why people with legal needs do not seek out assistance from a lawyer. This session will examine the most common obstacles through the lens of potential elder law clients. We will explore ways to address these challenges in your delivery of legal services, as well as discover how lawyers can and why they should explore opportunities in the latent legal market.
Litigation over whether a decision-maker is needed (and the identity of that decision-maker) raises serious and complicated issues of intent, degrees of capacity, familial connections, and abuse or neglect, as well as care and financial planning. Each co-presenter has decades of experience resolving these issues both in and out of courtrooms – both aligned and opposed to each other - and will share their views of the applicable law, including tips and strategies on moving forward through this morass of complications and competing interests.
Discuss procedures for signing a will under the Electronic Wills and Remote Witnesses Act including, assembling a signed paper will with remote witnesses and creating certified paper copies of an electronic will.