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Article 81 of the Mental Hygiene Law
Friday, May 17, 2013
- Location -
New York State Nurses Association
11 Cornell Road
Latham, NY 12110
(518) 782-9400
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.
Live Webcast Option Available
Newly admitted attorneys (less than 24 months) must attend the
program in-person to receive NY MCLE credit.
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
Albany Program Faculty
Sheila E. Shea, Esq., (Chair and Moderator),
Director, Mental Hygiene Legal Service, Third Judicial Department,
Albany *Adrienne J. Arkontaky, Esq., Cuddy Law Firm,
P.C., White Plains * JulieAnn Calareso, Esq., Burke
& Casserly, P.C., Albany * Jennifer J. Corcoran,
Esq., Tully Rinckey PLLC, Albany * Julie B. Friedman,
Esq., Mental Hygiene Legal Service, Third Judicial Department,
Albany * Michele Lippa Gartner, Esq., Special Counsel
for Surrogate & Fiduciary Matters, Office of Court Administration,
New York City * Hon. Kimberly O'Connor, Acting Supreme
Court Justice, Third Judicial District, Albany * Wayne Olinzock,
Esq., Mental Hygiene Legal Service, Third Judicial Department,
Albany * Tara Anne Pleat, Esq., Wilcenski & Pleat
PLLC, Clifton Park * Robert N. Swidler, Esq., Vice
President, Legal Services, St. Peter's Health Partners, Albany *
Janet M. Thayer, Esq., Of Counsel, Murphy, Burns,
Barber & Murphy LLP, Albany * Margaret A. Vella,
Esq., Reed & Vella LLP, Delmar.
Program Planning
Committee
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 the South/West Take Thruway to Exit 24 - Northway (I-87) Take the
Northway (I-87 North) to Exit 6 Make left on to Rt. 7 (Troy-Schenectady
Road) Follow approximately 2-3 miles, until you see Wendy's on your left
Turn left at Wendy's onto British-American Blvd. Follow for ¼ mile
to Cornell Road Make a Right onto Cornell NYS Nurses Association is 3rd
driveway on right, before the cul-de-sac From the North Take the
Northway (I-87) to Exit 6 Turn right onto Rt. 7 (Troy-Schenectady Road)
Follow approximately 2-3 miles, until you see Wendy's on your left Turn
left at Wendy's British-American Blvd. Follow for ¼ mile to Cornell
Road Make a Right onto Cornell NYS Nurses Association is 3rd driveway on
right, before the cul-de-sac From the East 1-90 to the end - follow
signs to I-87 North Take Exit 6 Turn left onto Rt. 7 (Troy-Schenectady
Road) Follow approximately 2-3 miles, until you see Wendy's on your left
Turn left at Wendy's British-American Blvd. Follow for ¼ mile to
Cornell Road Make a Right onto Cornell NYS Nurses Association is 3rd
driveway on right, before the cul-de-sac PARKING IS NOT PERMITTED ON
CORNELL ROAD, GRASSY AREAS OR IN EMERGENCY ZONES IN FRONT OF THE
BUILDING.
The last day to pre-register online was May 16, 2013.
Members, please login to get member discounts.
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| Seminar |
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ALB - Live Registration
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$165.00
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Webcast Registration
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$165.00
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| Seminar |
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ALB - Live Registration
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$265.00
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Webcast Registration
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$265.00
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| Seminar |
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ALB - Live Registration
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$60.00
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Webcast Registration
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$60.00
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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.
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