Secrets for Courtroom Success

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.

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.

An overview of first-party and third-party special needs trusts, drafting tips and techniques and how to decant to a special needs trust.