| LIMITED GUARDIANSHIP: A NEW APPROACH
Third Annual Guardianship Conference
Sponsored with:
The Massachusetts Guardianship Association
Flaschner Judicial Institute
Geriatric Care Managers-N.E.
Suffolk University Law School Health & Biomedical Law Concentration
Please Note: This course has already
been held.
Date: Friday, November 16, 2007
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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Is guardianship practice in Massachusetts out of date? Is it reflective of the current understanding of what doctors know about diagnosis and treatment for those with diminished capacity? Is it comparable to the recommendations expressed in the Uniform Probate Code? This year’s guardianship conference, Limited Guardianship: A New Approach, presents the latest medical and legal developments from a multidisciplinary and national perspective, as a framework to discuss limited guardianships and their role in Massachusetts.
Dr. Byron Bair, a nationally recognized psychiatrist, explains the medical approach to diagnosis and treatment and the implications for guardianship. Advancements in diagnostic technology and assessment tools allow greater specificity of the functional limitations that exist in persons with diminished capacity. This advanced understanding of diminished capacity allows the Court to provide for greater independence for the individual subject to the proceedings. The use of orders employing the concept of limited guardianship avoids the plenary removal of the person's rights.
This conference presents various professionals within the court system who have different perspectives on guardianships and the potential role of limited guardianships. Judges, lawyers, assistant Registers, GCMs and a representative of the BBO offer their reflections on existing law and procedures, confidentiality concerns, fiduciary responsibility and the myriad of ethical issues that arise when representing those with diminished capacity. Anyone working with this vulnerable population will benefit from this dialogue and discussion.
Attend and Learn:
- What is limited guardianship and when is it appropriate
- How medical professionals assess an individual’s limitations
- What models exist for a limited guardianship
- How to handle a petition for limited guardianship
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M. David Blake, Esq., Chair
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Blake & Associates, Boston, MA |
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Byron Bair, M.D.
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Professor of Geriatric Internal Medicine & Geriatric Psychiatry
University of Utah School of Medicine |
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Linda G. Bauer, Esq.
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Massachusetts Board of Bar Overseers |
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Honorable Beverly Weinger Boorstein (ret.)
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Probate & Family Court |
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Regina Towne Bragdon, MHA, Registered Guardian
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President of Nashoba Valley Elder Care, Inc., Boxborough, MA
Former Child Ward |
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Honorable Jonathan Brant
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First Justice, Marlborough District Court
Chair, Mental Health Legal Advisors Committee |
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John H. Cross, Esq.
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Adminstrative Office of the Probate and Family Court |
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Honorable Dorothy M. Gibson, Associate Justice
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Middlesex Probate & Family Court |
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Diane M. Geraghty-Hall, Esq.
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Connor & Hilliard, P.C., Walpole, MA
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Stan Goldman, Esq., Director
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Mental Health Litigation Division, Committee for Public Counsel Services |
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Susan Lewin, LICSW, CMC
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Generations, All About Elders, Brookline, MA
Current President of GCM-New England |
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Honorable Susan Ricci
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Worcester Probate & Family Court
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Honorable Jennifer Rivera Ulwick
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Probate & Family Court, Norfolk County |
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Gary Zalkin, Esq., LICSW
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Law Office of Gary Zalkin |
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| S C H E D U L E / A G E N D A |
| 9:00 |
Welcome & Introductions |
- What are limited guardianships and why use them?
- Is improvement needed in practice or the existing law?
- What are the underlying policy issues?
- The relevance of functional assessment to adult guardianship
- Has guardianship practice lagged behind the clinician’s modern assessment of diminished capacity?
- Contrasting the procedure for affirming a health care proxy
Merrill David Blake, Esq., Chair
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| 9:30 |
Judicial Commentary |
| Honorable Beverly W. Boorstein, Honorable Dorothy M. Gibson, Honorable Susan D. Ricci and Honorable Jonathan Brant
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| 10:00 |
Modern Medical Assessment and the Limited Guardianship; Cognition and Factors Effecting Decision Making |
- The medical bases for this type of guardianship
- Obtain effective medical certificates while preventing undue delays
- Considering key elements of limitation on guardianship
- Distinguishing between plenary and limited authority
- How to deal with controversy over the details of assessment
Byron Bair, M.D.
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| 11:15 |
Perspective from a Geriatric Care Manager and a Registered Guardian |
- How each defines their roles
- How they develop treatment plans with doctors
- Their view on how limited guardians can benefit the ward
Susan Lewin, LICSW, Regina Bragdon, MHA, Registered Guardian and Guest Speaker
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| 12:15 |
Lunch (on your own) |
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| 1:15 |
Perspectives on Limited Guardianships and GALs |
- How to ensure Ward’s civil rights are met through process
- How CPCS Policy is met through these guardianships
- Sufficiency of a GAL in the first instance as distinguished from an “attorney for the ward”
Honorable Beverly W. Boorstein (ret.), Honorable Jonathan Brant, Linda Bauer, Esq., Stan Goldman, Esq. and Jennifer Rivera Ulwick, Assistant Judicial Case Manager
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| 2:00 |
Guidance for Untangling Ethical Concerns |
- Who is the client?
- Is guardianship only an adversarial proceeding?
- What are the ramifications and ethical issues of having a GAL in the first instance as opposed to an attorney for the ward?
- How the ethical rules relate to disabled persons and attorneys representing them as they become incapacitated
Merrill David Blake, Esq., Linda Bauer, Esq., John Cross, Esq. and Stan Goldman, Esq.
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| 3:45 |
Hearing on a Petition Seeking Limited Guardianship |
| Diane Geraghty-Hall, Esq., Honorable Dorothy M. Gibson, Honorable Susan D. Ricci and Gary Zalkin, Esq., LICSW
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| Date: |
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Friday, November 16, 2007 |
| Tuition: |
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Tuition is $249; $199 for Suffolk alumni, attorneys admitted to the Bar after 2004 and members of MGA and GCM-NE.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call 617-573-8627 to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you may send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE credit in RI, NH, VT & ME. This course also provides 6 CE credits for GAL Categories I and Q, 8.0 hours of credit by CPCS Mental Health Litigation and by NASW for 5.5 Category I Continuing Education hours for relicensure, in accordance with 258 CMR.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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