Power of Attorney: Practice & Litigation Under the New Law

- Location -
Concierge Conference Center
780 Third Avenue (at 48th Street)
New York, NY 10017
(212) 735-0072

Description

9:00 a.m. to 12:45 p.m. (On-site registration begins at 8:30 a.m.)
(Eastern Time)

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 include:

      *  What are lawyers doing with POAs and what can a good one accomplish?

      *  How to handle old (pre-September 2009) POAs?

      *  Are there effective alternatives to using a POA – a trust?

      *  Gifting problems and how to deal with them.

      *  What 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:

      *  What 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 be?

      *  Does it matter in what court – Supreme or Surrogate’s – an agent is brought to task for misconduct?

      *  Should 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 and structure.

Program Agenda

8:30-9:00 a.m.
REGISTRATION (outside meeting room)

9:00–9:50
I. Overview of Powers of Attorney: Review of Old/New Statutes, Forms, Historical Perspective

9:50-10:15
II. Doing it Right: Review of the Activities and Recordkeeping of the “Model Agent”

10:15-10:40
III. Issues related to Gifting: Problems under the Prior and Current Statutes, and “Gifting Done Right”

10:40-10:55
Refreshment Break

10:55-11:20
IV. Powers of Attorney vs. Trusts: Capabilities and Limitations of Each

11:20-12:10 p.m.
V. Remedies for Abusive Transactions
          A. During Principal's Lifetime: Standing Issues, Guardianship, Proceedings by Guardian
          B. After Principal's Death: Limited Letters, SCPA 2103 Proceeding, Requests for Advice and Direction, Voluntary and Compulsory Accountings

12:10-12:45 p.m.
VI. Case Study of the Nefarious Agent: Examination of Agent

12:45 p.m.
ADJOURNMENT

Program Faculty

Program Chair and Moderator

Frank W. Streng, Esq.
McCarthy Fingar LLP
White Plains

Program Speakers (in alphabetical order)

Karin J. Barkhorn, Esq.
Bryan Cave LLP
New York City

Gary E. Bashian, Esq.
Bashian & Farber, LLP
White Plains

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 materials

How will I receive written materials?
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 MCLE certificate?
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 2-4 weeks.

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 webcasts.

Power of Attorney: Practice & Litigation under the New Law

Tuesday, June 12, 2012
9:00 a.m. to 12:35 p.m.
(Eastern Time)

CLE Webcast/Webconference
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 1-800-582-2452.

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.

Directions

The last day to pre-register online was June 11, 2012.

Members, please login to get member discounts.

Seminar
NYC-LIVE	$140.00
NYC-WEBCAST	$140.00

Seminar
NYC-LIVE	$240.00
NYC-WEBCAST	$240.00

Seminar
NYC-LIVE	$50.00
NYC-WEBCAST	$50.00

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 cobrien@nysba.org.