Each online CLE program will provide CLE credit for “experienced” NYS attorneys who comply with the applicable requirements of the NYS Office of Court Administration. Beginning on Monday, June 29, 2015 CLE programs will be released and available to view on a weekly basis for 50 weeks. The schedule for the weekly CLE programs is as follows:

 

1. The Enactment of and Amendments to Mental Hygiene Law Article 81

2. The Standard for and Alternatives to the Appointment of a Guardian

3. A Summary of the Laws that Complement and/or Conflict with Mental Hygiene Law Article 81

 

4. The Aging Process: What Will and May Happen to Our Bodies and Minds as We Grow Older (Includes live CLE component)

 

5. Stakeholders, Participants, and Interested Persons, Including MHLS

6. Part 36: Rules that Apply to Attorney Court Appointees

7. Private Matters in a Public Forum

 

8. Mandated Time Frames

9. The Language of Article 81

10. De Jure and De Facto Judicial Requirements and Discretion in Mental Hygiene Law Article 81 Proceedings

 

11. What Guardianship Lawyers and Judges Need to Know About How Older (Alleged) Incapacitated Persons Pay for Healthcare, With a Focus on Medicare and Medicaid Eligibility and Services (Includes live CLE component)

 

12. If and How Should Guardianship Attorneys and Judges Assess the Mental Capacity and Needs of an Alleged Incapacitated Person? (Includes live CLE component)

13. Alternatives to the Appointment of a Guardian

14. Legal, Financial, and Taxation Issues When Care is Provided by a Family Member and/or Non- Professional Caregivers

 

15. Initial Meeting with and Evaluation of the Potential Petitioner

16. Preparation & Submission of the Petition

17. Mental Hygiene Law Article 83

18. Provisional Remedies and Other Emergency Relief

19. Ethical Considerations for Petitioner’s and Cross-Petitioner’s Attorney (Ethics)

20. TBD based on participant input

 

21. The Role of the Court Evaluator

22. Practical Guidelines for the Court Evaluator: Part One

23. Practical Guidelines for the Court Evaluator: Part Two

24. Experiential Wisdom: Attorneys Share Their Experiences as Court Evaluators

25. Ethical Challenges the Court Evaluator May Confront (Ethics)

 

26. Ethical and Practical Considerations for the Alleged Incapacitated Person’s Privately Retained Counsel (Ethics)

27. Does the Alleged Incapacitated Person Have the Capacity to Retain Counsel? (Includes live CLE component)

28. Appointment and Duties of the Alleged Incapacitated Person’s Court Appointed Counsel

29. Experiential Wisdom: The Alleged Incapacitated Person’s Counsel

30. TBD based on participant input

 

31. Must the Alleged Incapacitated Person Meet with the Court Evaluator, Communicate with Counsel and/or Participate in the Guardianship Hearing? (Includes live CLE component)

 

32. Non-Contested Guardianship Hearing for an Alleged Incapacitated Person and/or a Person in Need of a Guardian

33. The Contested Guardianship Hearing

34. The Rules of Evidence (Includes live CLE component over two days)

35. Special Considerations for Hearings

 

36. Required Court findings at the Conclusion of the Guardianship Hearing

 

37. How to Prepare and Submit a Proposed Guardianship Order

38. How to Prepare and Submit a Proposed Counter Guardianship Order

 

39. How are Fees Requested and Determined in Article 81 Guardianships? Part One: Petitioner and Cross-Petitioner

40. How are Fees Requested and Determined in Article 81 Guardianships? Part Two: Court Appointees

41. A Review of Key Cases

 

42. Qualification to Serve as Guardian43. Guidelines for the Property Management Guardian

44. Guidelines for the Personal Needs Guardian

45. Experiential Wisdom: The Critical Role a Guardian Plays in the Life of an Incapacitated Person: Two Case Studies

46. The Role of the Community Guardian

 

47. The Role of the Court Examiner

 

48. Guardian and Court Examiner Compensation

 

49. Post-Guardianship Appointment Litigation (Includes live CLE component over three days)

 

50. Responsibilities of the Court, Guardian, and Other Interested Parties upon the Incapacitated Person’s Death