This webinar addresses five substantive and practice mistakes commonly made by lawyers in advising and representing parties on either side of matters involving potential or active guardianship/conservatorship petitions. These mistakes are illuminated and addressed in practical terms by experts in policy and practice.
June 27, 2023 RAPID RESPONSE
Five Mistakes to Avoid in Guardianship Cases
Panelists
Eric Y. Drogin – Fellow, American Psychological Association; Fellow, American Academy of Forensic Psychology; Diplomate and former President, American Board of Forensic Psychology
Sandra D. Glazier – Partner, Lipson Neilson, P.C.; Commissioner, ABA Commission on Law and Aging
- Ben Orzeske – Chief Counsel, Uniform Law Commission
Moderator
- Charles P. Sabatino – Co-Chair, Elder Affairs Committee, ABA Section of Civil Rights and Social Justice
Co-Sponsor: ABA Commission on Law and Aging
Resources
The Capacity Assessment Handbook Series by the ABA Commission on Law and Aging and the American Psychological Association:
- Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers (2nd Edit. 2021)
- Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists (2008)
- Judicial Determination of Capacity of Older Adults in Guardianship Proceedings: A Handbook for Judges (2006) (in collaboration with the National College of Probate Judges)
- The PRACTICAL Tool for Lawyers: Steps in Supporting Decision-Making (2016). This tool helps lawyers identify and implement decision-making options for persons with disabilities that are less restrictive than guardianship. It is a joint product of four American Bar Association entities and available from the Commission on Law and Aging. “PRACTICAL” is an acronym for nine steps for lawyers to identify these options. The lawyer can use the PRACTICAL checklist of steps during the client interview and immediately after to assist in case analysis. The steps blend in naturally with the case interview process.
- Undue Influence and Vulnerable Adults (2020), by Sandra D Glazier, Thomas M Dixon, and Thomas F Sweeney. Undue influence is a form of financial abuse of the elderly, with the large number of reported cases just the tip of the iceberg. This valuable and practical legal resource provides a broad understanding of all aspects undue influence, from how to identify it, plan for its possibility, litigate it, and address issues related to it.
- Uniform Law Commission material on the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. Includes Final Act Documents, an Enactment Kit, Legislative Bill Tracking, and Committee Archive.
- Options in Substitute Decision Making, Bloomberg Tax. By: Sandra D. Glazier, Esq.*, Lipson Neilson, P.C., Bloomfield Hills, MI
Sources of ethical guidance for psychiatric and psychological experts in forensic matters:
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