Article 81 of the Mental Hygiene Law

Friday, June 14, 2013

- Location -
Sheraton Syracuse University Hotel & Conference Ce
801 University Avenue
Syracuse, NY 13210-0801
(315) 475-3000

Description

Co-sponsored by the Committee on Issues Affecting People with Disabilities, Health Law Section and its Committee on Ethics in the Provision of Health Care, Elder Law Section and the Committee on Continuing Legal Education of the New York State Bar Association

8.0 Total Credits: 2.0 Skills, 2.5 Ethics, 3.5 Professional Practice for all attorneys

Under Article 81 of the Mental Hygiene Law, persons appointed as a court evaluator or guardian, in almost all cases, must receive training approved by the Office of Court Administration. This program has been approved by the Office of Court Administration for such purposes.

The highly qualified and experienced practitioners in the health, elder and guardianship law fields on the faculty will highlight the latest legal and regulatory developments in this area as well as the fundamentals of how to serve as an effective guardian or court evaluator.

By attending this live session or by viewing the recording we will make of this program, you will fulfill the training requirements for enrollment on the Part 36 Fiduciary Eligibility List as guardian, court evaluator, and attorney for alleged incapacitated persons.

Program Agenda

8:20-8:50 a.m.
REGISTRATION (outside meeting room)

8:50-9:00
WELCOME

9:00-9:50
Panel 1: Introduction and Orientation
A. Article 81 Comparison with SCPA 17-A
B. Orientation to Medical Terminology (emphasis on capacity determination, medical assessments and extent of impairment)

9:50-10:00
Break

10:00-11:40
Panel 2: The Proceeding
       A. Commencing a Guardianship Proceeding (including material on emergency relief and single transactions, ethical issues)
       B. Court Evaluator
       C. Hearing and Order

11:40-12:40 p.m.
Lunch (on your own)

12:40-1:30
Hot Topics and Recent Developments (recent decisions, right to hire/fire counsel, differences between local venues, etc.)

1:30-3:10
Panel 3: Guardianship
       A. Legal Duties and Responsibilities of a Guardian
       B. Health Care Decision Making
       C. Resources
       D. Part 36 of the Rules of the Chief Judge

3:10-3:20
Break

3:20-5:00
Panel 4: Representation
       A. Counsel
       B. Legal Fees and Who is the Client
       C. Role of MHLS

5:00 p.m.
ADJOURNMENT

Overall Statewide Planning Chair

Laurence R. Faulkner, Esq.
Director of Corporate Compliance and General Counsel
ARC of Westchester
Hawthorne

Syracuse Faculty

Alyssa M. Barreiro, Esq., (Chair and Moderator), Levene Gouldin & Thompson, LLP, Binghamton * Cora A. Alsante, Esq., Hancock Estabrook, LLP, Syracuse * Frances C. Bowen, Esq., Principal Court Attorney, Broome County Surrogate’s Court, Binghamton * Greg S. Catarella, Esq., Levene Gouldin & Thompson, LLP, Binghamton * Catherine A. Diviney, Esq., Hancock Estabrook, LLP, Syracuse * Paula Mallory Engel, Esq., Chief Welfare Attorney, Onondaga County Department of Social Services, Syracuse * Laurence R. Faulkner, Esq., Director of Corporate Compliance and General Counsel, ARC of Westchester, Hawthorne * Hon. David H. Guy, Broome County Surrogate, Binghamton * Ami S. Longstreet, Esq., Mackenzie Hughes LLP, Syracuse * Maria Motsavage, RN, Elder Care Coordinator, Levene Gouldin & Thompson, LLP, Vestal * Edward A. Rantanen, Esq., Associate Counsel at Frederick R. Xlander Law, Johnson City * Kathryn A. Strodel, Esq., Associate Attorney, Mental Hygiene Legal Service, Fourth Judicial Department, Syracuse.

Program Planning Committee (in alphabetical order)

Adrienne J. Arkontaky, Esq.
Cuddy Law Firm, P.C.
White Plains

Rose Mary Bailly, Esq.
Executive Director, New York State Law Revision Commission,
Special Counsel to the Aging Law & Policy Program of the Government Law Center of Albany Law School
Albany

Alyssa M. Barreiro, Esq.
Levene Gouldin & Thompson, LLP
Binghamton

Christine M. Doran, Esq.
New York State Office for People with Developmental Disabilities
Albany

Lisa K. Friedman, Esq.
Law Office of Lisa K. Friedman
New York City

Michele Lippa Gartner, Esq.
Special Counsel for Surrogate & Fiduciary Matters
Office of Court Administration
New York City

Christine Julien, Esq.
NYC Human Resources Administration Finance Office
New York City

Ellyn S. Kravitz, Esq.
Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger, LLP
New York City

Bernard A. Krooks, Esq.
Littman Krooks LLP
New York City and White Plains

Sheila E. Shea, Esq.
Director, Mental Hygiene Legal Service
Appellate Division Third Department
Albany

Shannon L. Stockwell, Esq.
Mental Hygiene Legal Service
Appellate Division Third Department
Albany

Carolyn Reinach Wolf, Esq.
Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger, LLP
Lake Success

ELECTRONIC COURSE MATERIALS

All program materials will be distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. A CLE NotePad © (paper) will be provided to all attendees at the live program site. The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing.

Prior to a scheduled program date, all registrants will receive an email message containing a hyperlink that when clicked will provide you with access to the complete course materials in a searchable PDF format which can be downloaded to your computer using the “Save As” option under your “File” tab. Printing the complete materials is not required for attending the program. Online materials are updated periodically to reflect last minute submissions from program faculty, guaranteeing that you will always have the latest version of the materials.

Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.

Directions

FROM EAST: NYS Thruway west to Exit 34A, Take Rt 481 south to I 690 west, then I 690 west to Teall Avenue Exit. Turn left onto Teall Avenue, go to 2nd light. Turn right onto Erie Blvd East and go to University Avenue. Turn left onto University Avenue, go 7 blocks and hotel is on left. FROM WEST: NYS Thruway east to Exit 39. Take I 690 east to I81 south to Exit 18 (Adams/Harrison St Exit). Bear left on exit ramp, go under I 81 bridge (Almond Street), go to 2nd light. Turn left onto East Adams Street, go to 4th light. Turn right onto University and go 2 blocks. Hotel is on left. FROM NORTH: Take I 81south to Exit 18 (Adams/Harrison Street Exit). Bear left on exit ramp, go under I 81 bridge (Almond Street), go to 2nd light. Turn left onto East Adams Street, go to 4th light. Turn right onto University Avenue, go 2 blocks and hotel is on left. FROM SOUTH: Take I 81 north to Exit 18 (Adams/Harrison Street Exit). Turn right onto East Adams Street, go to 4th light. Turn right onto University Avenue, go 2 blocks and hotel is on left.FROM NEW YORK CITY: Take Rt 17 to Binghamton. Take I 81 north to Syracuse and follow 'From South' directions)

The last day to pre-register online is June 13, 2013. Register online now

Members, please login to get member discounts.

Pricing Information for Member

	Thru Jun 4	After Jun 4
Seminar

SYR-Registration	$150.00	$165.00

Pricing Information for Non Member

	Thru Jun 4	After Jun 4
Seminar

SYR-Registration	$250.00	$265.00

Pricing Information for Student Member

	Thru Jun 4	After Jun 4
Seminar

SYR-Registration	$45.00	$60.00

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.