Power of Attorney: Practice & Litigation Under the New Law
Tuesday, June 12, 2012
- Location -
Concierge Conference Center
780 Third Avenue (at 48th Street)
New York, NY 10017
9:00 a.m. to 12:45 p.m.
(On-site registration begins at 8:30 a.m.)
4.0 MCLE Credit Hours:
3.0 of professional practice and 1.0 of skills
(Newly admitted attorneys may
earn MCLE credit from this program only if they attend the session in
person at The Concierge Center)
It has been nearly three years since New
York’s Power of Attorney law was overhauled and the new statutory
Power of Attorney form introduced. Lawyers may now be more familiar with
these September 2009 landmark changes, but thorny issues and mysteries,
foreseen and unforeseen, have arisen since then.
This important program will highlight practical
aspects of working in this still quite new legal landscape. Both trusts
and estates lawyers and litigators will benefit from this program; the
panelists will address good planning and drafting and how it may avoid
litigation, and they will also discuss how to approach and handle a
matter that ends up in court.
Issues the faculty will consider
* What are
lawyers doing with POAs and what can a good one accomplish?
* How to
handle old (pre-September 2009) POAs?
there effective alternatives to using a POA – a trust?
problems and how to deal with them.
kind of records must be kept by the agent?
As you will note in the program agenda, much
time will be devoted to the conduct of the agent, including remedies for
abusive transactions. The program will conclude with a case study of how
to handle a corrupt agent and dealing with such questions as:
behavior needs to be remedied?
* Is there
a “sliding scale” of measuring the agent’s performance
that determines the consequences of abusive actions; should there
* Does it
matter in what court – Supreme or Surrogate’s – an
agent is brought to task for misconduct?
the Attorney General or District Attorney get involved?
This half-day course should be of great benefit
to any attorney who deals with New York’s Power of Attorney scheme
REGISTRATION (outside meeting room)
I. Overview of Powers of Attorney: Review of Old/New Statutes, Forms,
II. Doing it Right: Review of the Activities and Recordkeeping of the
III. Issues related to Gifting: Problems under the Prior and Current
Statutes, and “Gifting Done Right”
IV. Powers of Attorney vs. Trusts: Capabilities and Limitations of
V. Remedies for Abusive Transactions
Principal's Lifetime: Standing Issues, Guardianship, Proceedings by
Principal's Death: Limited Letters, SCPA 2103 Proceeding, Requests for
Advice and Direction, Voluntary and Compulsory
VI. Case Study of the Nefarious Agent: Examination of
Program Chair and
Frank W. Streng,
McCarthy Fingar LLP
Speakers (in alphabetical order)
Karin J. Barkhorn, Esq.
Bryan Cave LLP
Gary E. Bashian, Esq.
Bashian & Farber, LLP
Sylvia E. Di Pietro, Esq.
Law Office of Sylvia E. Di Pietro, Esq., LLC
New York City
Robert M. Freedman, Esq.
Mazur, Carp & Rubin, P.C.
New York City
Barbara Levitan, Esq.
Attorney at Law
New York City
Ronald J. Weiss, Esq.
Skadden, Arps, Slate, Meagher & Flom LLP
New York City
This program will be broadcast
live from The Concierge Center, 780 Third Avenue (at 48th
Street), New York, NY 12207. If you would like to attend in
person, register as a "live registration" attendee using the
registration link below.
What is a CLE Webcast/Webconference?
A Webcast is a live Internet broadcast, with audio and video streaming
of a seminar from which you may receive MCLE credit. You can participate
in the program from the comfort of your home or office, without having
to travel to a seminar site. The webconferencing feature allows you to
ask questions of the speakers live online.
What do I
need to participate in a Webcast/Webconference?
• A high-speed Internet connection
• A computer with sound card and speakers
• A recent version of Acrobat Reader in order to download and view
How will I receive written
Connection information will be emailed to you 24 hours before the
program begins. The written materials are available for viewing online
during the seminar, or, if you prefer, you can download them and print
them before participating in the seminar. All registrants will be
forwarded a web link to access the program and course materials. If you
would like a hard copy of the written materials mailed to you, please
contact the NYSBA Service Center.
Will I be able
to ask questions?
During the seminar, attendees may submit questions to the speakers via
the Internet, and if time allows, the speakers will answer the questions
during their presentations.
How will I receive my
In order to receive MCLE credit, you must stay online throughout the
seminar. Your connection and disconnect times are monitored by our
conferencing provider. During the seminar, a series of program codes
will be announced. You will need to write down the codes on the MCLE
Listener Verification Form and mail in the form to receive MCLE
credit. You will receive your official MCLE Certificate in about
For more information about CLE Webcasts, go to Webcast Information.
*Please note that newly admitted attorneys cannot receive
credit for their participation in CLE webconferences and
Power of Attorney: Practice & Litigation
under the New Law
Tuesday, June 12, 2012
9:00 a.m. to 12:35 p.m.
4.0 MCLE Credits
Please note - You will need to login with your member record or
create an online web record to register.
Forgot your login? Call the State Bar Service Center at
For a list of upcoming CLE webcasts/webconferences, teleconferences and
webinars - click here.
For a complete list of NYSBA programs, meetings and events - click here.
Between 48th and 49th Street Using Public Transit: Take the 4, 5, 6, S
Subway to Grand Central Station Walk one block East to Third Ave,
continue North on Third Ave to 48th Street Take the E, V Subway to
Lexington Ave/53rd Street. Walk one block East to Third Ave, continue
South to 49th Street
The last day to pre-register online was June 11, 2012.
Members, please login to get member discounts.
Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please
contact Cindy O'Brien at 800-582-2452 or email@example.com.