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DRAMATIC REVISIONS IN GUARDIANSHIP AND CONSERVATORSHIP LAW UNDER THE NEW MUPC

Nuts and Bolts of Implementation

THIS CONFERENCE IS NOW CLOSED; IF YOU WANT TO BE PLACED ON A WAITLIST, PLEASE CALL 617-573-8627.

Please Note: This course has already been held.

Date: Thursday, June 18, 2009

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM

Faculty
Schedule/Agenda
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On July 1, 2009, Article V of the Massachusetts Uniform Probate Code goes into effect, dramatically revising and reforming our current guardianship and conservatorship laws. At this program you will learn not only from the drafters of the Code but from members of the Probate Court implementation committee as to how the MUPC will change the way you practice guardianship and conservatorship law.

Our panelists provide a comprehensive review of Article V and related sections of the MUPC including the right to counsel and the responsibility for payment of said counsel’s fees.

GUARDIANSHIP:
  • Requirement of limited guardianship and tailored decrees and orders
  • The elimination of Guardianships over the Estate
  • The parental and spousal preference in nominating a guardian
  • The new notice requirements including who must now be served and how
  • The effect on the practice of substituted judgment cases
  • The appointment of a Special Guardian
  • The new reporting and monitoring requirements
  • The new nursing home authorization requirement

CONSERVATORSHIP:
  • The standard for appointing a conservator
  • The new notice requirements including who must now be served and how
  • Protective proceedings and protective orders
  • The powers of the conservator including the authority to create, amend or revoke trust & wills
  • Single transactions
  • The appointment of Special Conservators
  • The new reporting and monitoring requirements
  • The new accounting requirements

ATTEND AND LEARN:
  • The new forms you will need to file and the new procedures you will need to follow to obtain a guardianship and/or conservatorship
  • The changes to the medical certificate /clinical team report form
  • How the right to counsel provisions and requirement of requesting specific authority to admit an incapacitated person to a nursing home will affect your practice
  • How to comply with the new monitoring and reporting requirements

  F A C U L T Y

  Honorable Paula M. Carey, Chief Justice
  Probate & Family Court
   
  M. David Blake, Esq., Chair
  Blake & Associates, Boston, MA
   
  Rebecca Brendel Weintraub, MD, JD
  Psychiatrist at MA General Hospital and Assistant Professor of Psychiatry at Harvard Medical School
   
  John H. Cross, Esq.
  Adminstrative Office of the Probate and Family Court
   
  John G. Dugan, Esq.
  Doherty, Ciechanowski, Dugan & Cannon, PC, Franklin, MA
   
  Robert Fleischner, Esq.
  Center for Public Representation, Northampton, MA
   
  Honorable Anne M. Geoffrion, First Justice
  Probate & Family Court, Hampden Division
   
  Diane M. Geraghty-Hall, Esq.
  Connor & Hilliard, P.C., Walpole, MA
   
  Stan Goldman, Esq., Director
  Mental Health Litigation Division, Committee for Public Counsel Services
   
  Mark A. Leahy, Esq., Co-Chair
  Whittum & Leahy, Hingham, MA
   
  Ilene Mitchell, Esq., Case Manager
  Administrative Office of the Probate and Family Court
   
  Honorable Elaine M. Moriarty
  Probate and Family Court, Suffolk Division
   
  Honorable Susan Ricci
  Worcester Probate & Family Court
   
  Honorable Jennifer Rivera Ulwick
  Probate & Family Court, Norfolk County
   
  Robin L. Stolk, Esq., Attorney In Charge
  Children and Family Law, Committee for Public Counsel Services, Springfield, MA
   
  S C H E D U L E / A G E N D A

9:00 WELCOME AN INTRODUCTIONS
Chief Justice Paula Carey, Chair



9:10 OVERVIEW OF ARTICLE V
Chief Justice Paula Carey



9:20 FORMS, RULES AND PROCEDURE
  • Petitions
  • Bonds
  • Citations
  • Letters of Appointment
Mark Leahy, Honorable Elaine Moriarty and Jennifer Rivera Ulwick



10:40 DISCUSSION AND Q & A

11:00 NETWORKING BREAK

11:15 MEDICAL CERTIFICATE
Rebecca Brendel and John Cross



12:00 RIGHT TO COUNSEL
Robert Fleischner and Stan Goldman



12:45 LUNCH (ON YOUR OWN)

1:45 REPORTING AND MONITORING
John G. Dugan, Mark Leahy, and Ilene Mitchell



2:15 GUARDIANSHIP OF WARDS
Honorable Anne M. Geoffrion, Honorable Susan Ricci, Ilene Mitchell and Robin L. Stolk



4:00 PRACTICAL APPLICATION OF CHANGES-HYPOTHETICAL CASE STUDY
M. David Blake and Diane Geraghty-Hall



5:00 CONCLUDE

  G E N E R A L   I N F O

Date:  

Thursday, June 18, 2009

Tuition:  

Tuition is $199.00; $149.00 for Suffolk Alumni, attorneys admitted to the bar after 2006 and members of Massachusetts Guardianship Association. Tuition includes course materials and continental breakfast.



Walk-Ins:  

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 to confirm space availability.



Refunds:  

If for some reason you are not able to attend, you may send a substitute or call no later than the business day before to receive a refund less a $15.00 cancellation fee. Otherwise, you will receive the course materials.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

Approved for CLE credit in RI, NH, VT & ME. This course has also been approved for 7.0 CPCS Mental Health credits, 7.0 CAFL Credits and 7.0 for GAL credit.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.



Scholarships:  

Are available to any attorney or professional employed in public service, or for whom attendance would otherwise present a financial hardship. For more information, call 617.573.8627.




Directions to the Law School.

 

Unable to attend but are interested in the course materials?
Purchase Here!


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