Saturday, March 28, 2020
The American Law Institute is holding a webcast entitled, Adult Guardianships: How to Bring and Defend an Action, Tuesday, April 28, 2020 from 12:00 to 1:30 PM Eastern. Provided below is a description of the event.
Why You Should Attend
Guardianship is a valuable tool for enabling one person to make decisions on behalf of someone incapacitated or disabled. The potential need to establish adult guardianships may be more in demand in the future as the baby boomer generation continues to age and individuals with developmental disabilities reach adulthood.
In just 90 minutes, this webcast provides a valuable opportunity to learn the essentials of adult guardianship practice, including how these cases are brought and the various factors that practitioners need to take into account when bringing or defending a guardianship action.
What You Will Learn
Taught by experienced estate planners and ACTEC Fellows, this webcast explores the essential aspects of an adult guardianship, including:
- Whether a guardianship is necessary
- Full plenary vs. limited guardianship
- How the initial pleadings might vary depending on whether it appears that the guardianship action will be unopposed or contested
- The role of the court appointed attorney and how counsel should deal with the court appointed attorney
- When a guardian ad litem should be requested and what standards the court should use in determining whether to appoint one
- How the role of the guardian ad litem differs from the role of the court appointed attorney
- The evidentiary standard for proving that an alleged incapacitated person lacks capacity
- What factors the court takes into account when choosing the person to serve as guardian
- Pros and cons of having a professional guardian serve as opposed to a family member or friend of the incapacitated person
- Abuses in the guardianship system
All registrants will receive a set of downloadable course materials to accompany the program.
Who Should Attend
Estate planners and those practicing in elder law will benefit from this CLE on adult guardianships jointly offered by ALI CLE and ACTEC.