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Who should attend Guardianships From A to Z
This basic-to-intermediate level seminar details the realities of guardianships and conservatorships for professionals working with the elderly and the disabled, including: Attorneys, Accountants and CPAs, Financial and Estate Planners, Guardians Ad Litem, Social Workers, Trust Officers, Insurance Professionals, Paralegals
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This basic-to-intermediate level seminar details the realities of guardianships and conservatorships for professionals working with the elderly and the disabled, including: Attorneys, Accountants and CPAs, Financial and Estate Planners, Guardians Ad Litem, Social Workers, Trust Officers, Insurance Professionals, Paralegals

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Seminar Summary:

This nuts-and-bolts program will guide you through determining when guardianship is necessary, selecting the representative, preparing for the hearing, and monitoring and terminating the relationship. Master these essential estate planning tools – register today! (see full course description)

 
 
 

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Training Course Syllabus:


Explore the Guardianship Process Before and After the Hearing


Do you have a firm grasp of the requirements and procedures of guardianships? Are you able to protect your clients and avoid common mistakes? This nuts-and-bolts program will guide you through determining when guardianship is necessary, selecting the representative, preparing for the hearing, and monitoring and terminating the relationship. Master these essential estate planning tools – register today!



  • Efficiently establish a review schedule and pre-set termination/reduction milestones when incapacity is temporary.

  • Discover when and how to make the best use of mediation in resolving guardianship disputes.

  • Don´t miss important steps in the initial filing process that may cost your client crucial benefits.

  • Discover what pleadings and documents will move your case forward.

  • Gain practical tips for setting up the duties and powers of guardians to make sure the ward is in good hands.

  • Maintain ethical standards in representing mentally incapable clients.

  • Stay on the cutting edge of the practice with the latest updates on legislation and important court rulings.

  • Review the procedures of terminating guardianships to ensure all loose ends are tied up at the end of representation.

  • Compare guardianships to other estate planning tools and determine what other options may help your client.


 



THE BASICS

9:00 - 9:50, Elizabeth A. Howard



  • Types of Guardianships

    • Personal Needs, Property Management or Both?




    • Temporary, Limited or Indefinite Appointment?


  • Statutory and Case Law Update, Including HIPAA Considerations

  • Benefits and Protections Offered


SETTING UP A GUARDIANSHIP

9:50 - 10:50, Elizabeth A. Howard



  • Defining Incapacity

  • Is the Guardianship Needed? When is it Required?

  • Planning Tips for When the Incapacity is Temporary

  • Selecting the Fiduciary

  • Initiating the Action

  • Jurisdiction and Procedure for Appointment

  • Preparing the Petition

  • Obtaining the Necessary Reports (Physician, GAL, Court-Appointed Attorney, etc.)

  • Getting Ready for the Hearing

  • The Role of the Guardian Ad Litem


HEARING STRATEGIES

11:05 - 12:00, Mark W. Sutherland



  • What to Expect at the Hearing

  • Order

  • Appeals

  • Defining the Rights and Powers of the Ward

  • Public Benefits Issues


    • What Government Benefits are Available

    • How to Get Them

    • The Cost and Effect of Receiving These Benefits


  • Mediation in Guardianship Actions


ISSUES INVOLVING GUARDIANS+S143

1:00 - 2:10, Mark W. Sutherland



  • Jurisdiction and Procedure for Appointment Over an Estate

  • Priority of Appointment as Personal Representative

  • Duties and Limitations on Powers

  • Care Plans and Accountings

  • Voluntary Representation

  • Naming a Conservator for Future Incapacity

  • Election of Spousal Rights

  • Election Against Will if Applying for/Receiving Medical Assistance

  • How to Remove the Guardian


ETHICAL CONSIDERATIONS

2:25 - 3:25, G. Ward Beaudry



  • Avoiding Conflicts of Interest When Dealing With Couples

  • Judicial Conduct

  • Confidentiality

  • Mental Incapacity Issues When Representing the Ward

  • Representing the Guardian


TERMINATION AND ALTERNATIVES

3:25 - 4:30, G. Ward Beaudry



  • Termination Procedure

  • Defending a Client Against Guardianship

  • How do Other Estate Planning Tools Measure Up?


    • Health Care Representative

    • Revocable Living Trusts

    • Durable Power of Attorney and Advance Medical Directive

    • Joint Tenancy Property

    • Management of Community Property by a Spouse

    • Establishment of Representative Payee

    • Protective Proceedings

    • Parental Powers


Seminar Summary:

This nuts-and-bolts program will guide you through determining when guardianship is necessary, selecting the representative, preparing for the hearing, and monitoring and terminating the relationship. Master these essential estate planning tools – register today! (see full course description)

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