Elder Law

4.26

Guardianships and Conservatorships: Protecting the Most Vulnerable

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Kansas CLE Approved 7 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
6 hours
Jennifer Schiffer
Thomas Murphy
M. Geoffrey Jones
Zachary Derr
With Jennifer O. Schiffer from Bean, Kinney & Korman, P.C. + 3 others
Recorded October 02, 2025.
Product ID 101053

Buy This Course

Course Includes
$429

OnDemand Video

Course Book Download

Overview

A Step-by-Step Guide With Tactical Considerations for Both Wards and Guardians

Guardianships and conservatorships can be a powerful tool in establishing much-needed support for aging and vulnerable clients. Without careful drafting and oversight, however, it can be a fertile ground for abuse and financial misconduct. Whether you're crafting an estate plan that includes guardianship provisions or actively involved in setting up, managing, or challenging a guardianship or conservatorship, this course will give you the tools to succeed. Discuss the evidentiary threshold for determining capacity, clarify core procedures for petitioning the court, power up your legal arguments with sample language and lessons from recent case law, and more! Ensure guardians and conservators follow best practices and prevent liability. Register today!

  • Explore what arguments carry the most weight in the battle of experts when capacity is in question.
  • Review the process of establishing a guardianship or conservatorship from both the ward's and guardian's perspective.
  • Find out what seeking "least restrictive alternative" looks like in real-life best case scenarios.
  • Clearly outline guardian and conservator duties and powers.
  • Prevent fiduciary liability with a best practices guide to financial reporting and recordkeeping.
  • Protect the rights of the wards and conservatees when abuse or misconduct is suspected.

Abbreviated Agenda

  1. Weighing All the Options for Supported Persons: POAs, Guardianships, Conservatorships, Advance Directives, Joint Accounts, Trusts, etc.
  2. Capacity Determination and Objections in Detail
  3. Guardianship Procedure and Documents (With Examples)
  4. Guardian/Conservator Designation, Authority, and Its Limits
  5. Contested Guardianships, Ward/Conservatee Rights, Modification, and Termination
  6. Top Legal Ethics Issues in Disability and Elder Law
  7. Contested Guardianships, Ward/Conservatee Rights, Modification, and Termination (Part 2)

Related Topics

Product ID 101053

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Kansas CLE Approved 7 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total

Credit Details by Jurisdiction

OnDemand Video

CLE Credits
Alaska CLE Reciprocity · 6 Total Credits
  • 1 MECLE Ethics

Earn Until

OnDemand - Alaska CLE - 6: Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This program qualifies for 6.0 hours of credit, which includes 5.0 hours of MCLE credit and 1.0 hour of MECLE credit.

Video Download - Alaska CLE - 6: Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This program qualifies for 6.0 hours of credit, which includes 5.0 hours of MCLE credit and 1.0 hour of MECLE credit.

Arkansas CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Arkansas CLE - 6: NBI, Inc. is an accredited sponsor in the state of Arkansas. This program qualifies for 6.0 hours of on demand continuing legal education credit, including 1.0 hour of ethics, consistent with the rules and regulations of the Arkansas Supreme Court of Professional Programs.

Video Download - Arkansas CLE - 6: NBI, Inc. is an accredited sponsor in the state of Arkansas. This program qualifies for 6.0 hours of on demand continuing legal education credit, including 1.0 hour of ethics, consistent with the rules and regulations of the Arkansas Supreme Court of Professional Programs.

Arizona CLE Approved · 6 Total Credits
  • 1 Professional Responsibility

Earn Until

OnDemand - Arizona CLE - 6: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity qualifies for 6.0 hours toward your annual CLE requirement for the State of Arizona, including 1.0 hour of professional responsibility.

Video Download - Arizona CLE - 6: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity qualifies for 6.0 hours toward your annual CLE requirement for the State of Arizona, including 1.0 hour of professional responsibility.

California CLE Approved · 6 Total Credits
  • 1 Legal Ethics

Earn Until

OnDemand - California CLE - 6: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and qualifies for 6.0 hours of participatory credit, of which 1.0 hour will apply to legal ethics credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

Video Download - California CLE - 6: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and qualifies for 6.0 hours of self-study credit, of which 1.0 hour will apply to legal ethics credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

Colorado CLE Approved · 7 Total Credits
  • 1.2 Professional Responsibility

Earn Until

OnDemand - Colorado CLE - 7: NBI, Inc. is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program qualifies for 7.0 hours of home study general Colorado Continuing Legal Education Credit, including 1.20 professional responsibility credit.

Video Download - Colorado CLE - 7: NBI, Inc. is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program qualifies for 7.0 hours of home study general Colorado Continuing Legal Education Credit, including 1.20 professional responsibility credit.

Connecticut CLE Approved · 6 Total Credits
  • 1 Ethics/Professionalism

Earn Until

OnDemand - Connecticut CLE - 6: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for 6.0 self-study hours toward your annual CLE requirement in Connecticut, including 1.0 self-study hour(s) of ethics/professionalism.

Video Download - Connecticut CLE - 6: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for 6.0 self-study hours toward your annual CLE requirement in Connecticut, including 1.0 self-study hour(s) of ethics/professionalism.

Delaware CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Delaware CLE - 6: NBI, Inc. is an accredited sponsor of the Delaware Commission on Continuing Legal Education and recommends this program for 6.0 hours of eCLE credit, including 1.0 hour of ethics.

Florida CLE Approved · 7 Total Credits
  • 1 Professional Responsibility

Earn Until

OnDemand - Florida CLE - 7: Approved by The Florida Bar, this program qualifies for 7.0 general hours of CLER self-study credit including 1.0 hour of self-study professional responsibility (may include legal ethics, professionalism, substance abuse or mental illness and wellness programs).

Video Download - Florida CLE - 7: Approved by The Florida Bar, this program qualifies for 7.0 general hours of CLER self-study credit including 1.0 hour of self-study professional responsibility (may include legal ethics, professionalism, substance abuse or mental illness and wellness programs).

Georgia CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Georgia CLE - 6: This program is approved by the Commission on Continuing Lawyer Competency of the State Bar of Georgia. This program qualifies for 6.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of distance learning ethics.

Video Download - Georgia CLE - 6: This program is approved by the Commission on Continuing Lawyer Competency of the State Bar of Georgia. This program qualifies for 6.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of distance learning ethics.

Hawaii CLE Approved · 6 Total Credits
  • 1 Ethics/Professional Responsibility

Earn Until

OnDemand - Hawaii CLE - 6: NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for 6.0 hours of credit for the state of Hawaii, which includes 1.0 hour of ethics or professional responsibility education.

Video Download - Hawaii CLE - 6: NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for 6.0 hours of credit for the state of Hawaii, which includes 1.0 hour of ethics or professional responsibility education.

Idaho CLE Approved · 6 Total Credits
  • 1 Legal Ethics/Professional Responsibility

Earn Until

OnDemand - Idaho CLE - 6: Approved for 6.0 hours of self-study continuing legal education credit in the state of Idaho, which includes 1.0 self-study legal ethics or professional responsibility credit.

Video Download - Idaho CLE - 6: Approved for 6.0 hours of self-study continuing legal education credit in the state of Idaho, which includes 1.0 self-study legal ethics or professional responsibility credit.

Illinois CLE Approved · 6 Total Credits
  • 1 Professional Responsibility

Earn Until

OnDemand - Illinois CLE - 6: This program has been approved by the Illinois MCLE Board for 6.0 hours of recorded technology CLE credit, which includes approval for 1.0 hour of legal ethics, civility, professionalism CLE credit by the Illinois Supreme Court Commission on Professionalism.

Video Download - Illinois CLE - 6: This program has been approved by the Illinois MCLE Board for 6.0 hours of recorded technology CLE credit, which includes approval for 1.0 hour of legal ethics, civility, professionalism CLE credit by the Illinois Supreme Court Commission on Professionalism.

Kansas CLE Approved · 7 Total Credits
  • 1 Ethics/Professionalism

Earn Until

OnDemand - Kansas CLE - 7: Approved by Kansas CLE for 7.0 hours of prerecorded format continuing legal education credit, which includes 1.0 hour of ethics and professionalism credit.

Video Download - Kansas CLE - 7: Approved by Kansas CLE for 7.0 hours of prerecorded format continuing legal education credit, which includes 1.0 hour of ethics and professionalism credit.

Maine CLE Approved · 6 Total Credits

Earn Until

OnDemand - Maine CLE - 6: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course will receive 6.0 hours of self-study CLE credit

Video Download - Maine CLE - 6: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course will receive 6.0 hours of self-study CLE credit

Course Book - Maine CLE - 6: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course will receive 6.0 hours of self-study CLE credit

Minnesota CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Minnesota CLE - 6: Approved for 6.0 hours of standard on-demand CLE credit, including 1.0 hour of ethics credit by the Minnesota Board of Continuing Legal Education.

Video Download - Minnesota CLE - 6: Approved for 6.0 hours of standard on-demand CLE credit, including 1.0 hour of ethics credit by the Minnesota Board of Continuing Legal Education.

Missouri CLE Approved · 6 Total Credits

Earn Until

OnDemand - Missouri CLE - 6: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 6.0 self-study CLE credit hours.

Video Download - Missouri CLE - 6: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 6.0 self-study CLE credit hours.

Course Book - Missouri CLE - 6: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 6.0 self-study CLE credit hours.

Northern Mariana Islands CLE Approved · 6 Total Credits

Earn Until

OnDemand - Northern Mariana Islands CLE - 6: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 6.0 hours of self-study CLE credit.

Video Download - Northern Mariana Islands CLE - 6: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 6.0 hours of self-study CLE credit.

Course Book - Northern Mariana Islands CLE - 6: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 6.0 hours of self-study CLE credit.

Montana CLE Approved · 6 Total Credits
  • 1 Professional Fitness and Integrity

Earn Until

OnDemand - Montana CLE - 6: This program qualifies for 6.0 hours of self-study CLE credit by the Montana Commission of Continuing Legal Education, including 1.0 hour of professional fitness and integrity credit.

Video Download - Montana CLE - 6: This program qualifies for 6.0 hours of self-study CLE credit by the Montana Commission of Continuing Legal Education, including 1.0 hour of professional fitness and integrity credit.

North Dakota CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - North Dakota CLE - 6: North Dakota attorneys completing this program may claim 6.0 North Dakota self-study CLE credit hours, including 1.0 hour of self-study ethics credit, on the Report of Compliance.

Video Download - North Dakota CLE - 6: North Dakota attorneys completing this program may claim 6.0 North Dakota self-study CLE credit hours, including 1.0 hour of self-study ethics credit, on the Report of Compliance.

Nebraska CLE Approved · 6 Total Credits
  • 1 Professional Responsibility

Earn Until

OnDemand - Nebraska CLE - 6: NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for 6.0 distance learning CLE credits, including 1.0 hour of professional responsibility credit.

Video Download - Nebraska CLE - 6: NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for 6.0 distance learning CLE credits, including 1.0 hour of professional responsibility credit.

New Hampshire CLE Approved · 6 Total Credits
  • 1 Ethics/Professionalism

Earn Until

OnDemand - New Hampshire CLE - 6: NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.

Video Download - New Hampshire CLE - 6: NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.

New Mexico CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - New Mexico CLE - 6: This program has been approved by the Board of Bar Commissioners of the State Bar of New Mexico. This program qualifies for 6.0 hours of self-study credit, including 1.0 hour of self-study ethics credit.

Video Download - New Mexico CLE - 6: This program has been approved by the Board of Bar Commissioners of the State Bar of New Mexico. This program qualifies for 6.0 hours of self-study credit, including 1.0 hour of self-study ethics credit.

Nevada CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Nevada CLE - 6: This course has been approved by the Nevada Board of Continuing Legal Education. This program qualifies for 6.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 1.0 hour of alternative format ethics.

Video Download - Nevada CLE - 6: This course has been approved by the Nevada Board of Continuing Legal Education. This program qualifies for 6.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 1.0 hour of alternative format ethics.

New York CLE Approved · 7 Total Credits
  • 6 Areas of Professional Practice
  • 1 Ethics/Professionalism

Earn Until

OnDemand - New York CLE - 7: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to the areas of professional practice requirement and is approved for newly admitted attorneys. 1.0 hour can be applied toward the Ethics/Professionalism requirement and is approved for experienced attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.

Video Download - New York CLE - 7: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to the areas of professional practice requirement and is approved for newly admitted attorneys. 1.0 hour can be applied toward the Ethics/Professionalism requirement and is approved for experienced attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.

Oklahoma CLE Approved · 7 Total Credits
  • 1 Legal Ethics

Earn Until

OnDemand - Oklahoma CLE - 7: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program qualifies for 7.0 of On Demand CLE credit hours, which includes 1.0 hour of legal ethics.

Video Download - Oklahoma CLE - 7: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program qualifies for 7.0 of On Demand CLE credit hours, which includes 1.0 hour of legal ethics.

Oregon CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Oregon CLE - 6: NBI, Inc. is an approved sponsor with the Oregon MCLE. This program qualifies for 5.0 hours of general continuing legal education credit and 1.0 hour of ethics credit.

Video Download - Oregon CLE - 6: NBI, Inc. is an approved sponsor with the Oregon MCLE. This program qualifies for 5.0 hours of general continuing legal education credit and 1.0 hour of ethics credit.

Pennsylvania CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Pennsylvania CLE - 6: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program qualifies for 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit.

Video Download - Pennsylvania CLE - 6: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program qualifies for 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit.

Tennessee CLE Approved · 6 Total Credits
  • 1 Ethics/Professionalism

Earn Until

OnDemand - Tennessee CLE - 6: This course has been approved by the Tennessee Commission on Continuing Legal Education for a maximum of 6.0 hours of Distance Learning credit, including 1.0 hour of ethics/professionalism (EP) credit.

Vermont CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Vermont CLE - 6: This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program qualifies for 6.0 hours of self-study credit, including 1.0 hour of self-study ethics credit.

Video Download - Vermont CLE - 6: This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program qualifies for 6.0 hours of self-study credit, including 1.0 hour of self-study ethics credit.

Washington CLE Approved · 6 Total Credits
  • 1 Ethics/Professional Responsibility

Earn Until

OnDemand - Washington CLE - 6: This program qualifies for 6.0 hours of Washington continuing legal education (Self Study) A/V credit, which includes 5.0 hours of Law and Legal Procedure and 1.0 hour of ethics and professional responsibility.

Video Download - Washington CLE - 6: This program qualifies for 6.0 hours of Washington continuing legal education (Self Study) A/V credit, which includes 5.0 hours of Law and Legal Procedure and 1.0 hour of ethics and professional responsibility.

Wisconsin CLE Approved · 7 Total Credits

Earn Until

OnDemand - Wisconsin CLE - 7: Approved for 7.0 hours of repeated on-demand CLE credit by the Board of Bar Examiners.

Video Download - Wisconsin CLE - 7: Approved for 7.0 hours of repeated on-demand CLE credit by the Board of Bar Examiners.

West Virginia CLE Approved · 7.2 Total Credits
  • 1.2 Ethics

Earn Until

OnDemand - West Virginia CLE - 7.2: This program qualifies for 7.20 hours of pre-recorded credit, which includes 1.20 hour of pre-recorded ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education.

Video Download - West Virginia CLE - 7.2: This program qualifies for 7.20 hours of pre-recorded credit, which includes 1.20 hour of pre-recorded ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education.

Course Book (PDF Download)

CLE Credits
Maine CLE Approved · 6 Total Credits

Earn Until

Course Book - Maine CLE - 6: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course will receive 6.0 hours of self-study CLE credit

Missouri CLE Approved · 6 Total Credits

Earn Until

Course Book - Missouri CLE - 6: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 6.0 self-study CLE credit hours.

Northern Mariana Islands CLE Approved · 6 Total Credits

Earn Until

Course Book - Northern Mariana Islands CLE - 6: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 6.0 hours of self-study CLE credit.
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Weighing All the Options for Supported Persons: POAs, Guardianships, Conservatorships, Advance Directives, Joint Accounts, Trusts, etc.

    1. When Should Taking Protective Action Be Considered?
    2. Complete vs. Partial/Special Purpose
    3. Comparing Degrees of Court Supervision and Reporting Requirements
    4. Best Use Cases and "Least Restrictive" Principle

  2. Capacity Determination and Objections in Detail

    1. "Capacity" Definition, Assessment Methods, and Tests
    2. Evidence Tactics: Meeting the "Clear and Convincing" Standard
    3. Challenging Capacity Findings
    4. Expert Reports and Examination
    5. The Role of Court-Appointed Attorneys or Guardians Ad Litem (GALs)

  3. Guardianship Procedure and Documents (With Examples)

    1. Petitioning the Court
    2. Notice and Due Process Requirements
    3. Order to Show Cause
    4. Appointment of a Court Evaluator and/or Counsel
    5. Order and Judgments
    6. Applying Rules of Evidence

  4. Guardian/Conservator Designation, Authority, and Its Limits

    1. Fiduciary Duties and Powers
    2. Nomination and Designation (Sample Language)
    3. Discharge or Modification of Powers
    4. Financial Reporting and Recordkeeping: Mandatory and Best Practices (With Examples)

  5. Contested Guardianships, Ward/Conservatee Rights, Modification, and Termination

    1. Contested Guardianship Due Process
    2. Cross-Petition and Objections
    3. Motions, Evidentiary Tactics, and Lessons From Case Law
    4. Petitioning the Court for Restoration of Rights (With Sample Language)
    5. Plan of Self-Dependence
    6. Abuse Allegations: Is a TRO Needed? Remove/Replace/Surcharge the Guardian?
    7. Seeking Restitution From a Guardianship Bond

  6. Top Legal Ethics Issues in Disability and Elder Law

    1. Conflicts of Interest and Self-Dealing
    2. Client Autonomy Considerations
    3. Obtaining Clients' Informed Consent
    4. Abuse and Exploitation: Do Attorneys Have a Duty to Report?

  7. Contested Guardianships, Ward/Conservatee Rights, Modification, and Termination (Part 2)

Who Should Attend

This legal course is designed for attorneys. Accountants, fiduciaries, guardians, elder care and disability professionals, and paralegals will also benefit.

Speakers

Jennifer O Schiffer
Jennifer O.
Schiffer
Bean, Kinney & Korman, P.C.
Thomas J Murphy
Thomas J.
Murphy
Murphy Law Firm, Inc.
M. Geoffrey G Jones
M. Geoffrey G.
Jones
Newton Kight LLP
Zachary W Derr
Zachary W.
Derr
Foxhall Legal, LC
Speaker bio
Jennifer O Schiffer

Jennifer O. Schiffer

Bean, Kinney & Korman, P.C.
Jennifer Schiffer

is a shareholder of Bean, Kinney & Korman P.C., where she represents various businesses and their owners in matters relating to business counseling and entity formation, purchase and sale of company stock or assets, business contracts, shareholder or membership agreements, disclosure agreements, commercial real estate, commercial property, and leasing transactions. Ms. Schiffer is also well-versed in business succession planning, estate planning, and estate administration. Her clients range from individuals to a wide array of business entities, including restaurants, medical practices, retailers, builders, limited liability companies, and professional service providers, such as accountants and financial planners. Ms. Schiffer earned her bachelor's degree in economics, as well as her J.D. degree from Vanderbilt University. She is licensed to practice law in Virginia, Maryland and Washington, D.C.

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Speaker bio
Thomas J Murphy

Thomas J. Murphy

Murphy Law Firm, Inc.
Thomas Murphy

is an attorney located in the Ahwatukee area of Phoenix. His practice emphasizes estate planning, elder law (including nursing home issues), all probate matters (including contested matters and guardianships), and tax controversies. Mr. Murphy has regularly appeared before the Arizona Court of Appeals, litigating many of the cutting-edge appellate cases in probate law. He has successfully litigated cases in the U.S. Tax Court, Arizona Tax Court and the Arizona Board of Tax Appeals. Mr. Murphy is a member of the National Academy of Elder Law Attorneys, State Bar of Arizona (Tax Law, Probate and Trust Law, Mental Health and Elder Law sections), and Arizona Medicaid Planning Council. He serves on the Advisory Board of the Phoenix Tax Workshop and the Editorial Board of NAELA News. Mr. Murphy graduated from Tufts University, with honors, and earned his J.D. degree from Suffolk University Law School.

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Speaker bio
M. Geoffrey G Jones

M. Geoffrey G. Jones

Newton Kight LLP
M. Geoffrey Jones

is managing partner in the Everett firm of Newton Kight LLP. He has a general practice, concentrating primarily in the areas of elder law and guardianships. Mr. Jones' practice emphasizes probate, guardianship and estate planning, and other areas relating to elder law. He previously worked as an assistant attorney general for the Washington State Attorney General's Office in Olympia, where he represented several state agencies in civil matters, including the Department of Employment Security, Department of General Administration and Department of Information Systems. Mr. Jones is a member of the Washington State Bar Association. He earned his B.A. degree from The Evergreen State College and his J.D. degree from the University of Oregon.

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Speaker bio
Zachary W Derr

Zachary W. Derr

Foxhall Legal, LC
Zachary Derr

is the founder and managing member of Foxhall Legal, LC. As an elder law attorney, he is accredited by the Department of Veterans Affairs and a Certified Medicaid Planner. During law school, Mr. Derr worked for the U.S. Securities and Exchange Commission and the U.S. Department of Justice. He served on the Alternative Dispute Resolution Skills Board and was vice president of the J. Reuben Clark Law Society. Mr. Derr is licensed to practice in Utah and before the U.S. District Court of Utah. He is a member of the Utah State Bar. Mr. Derr earned his B.A. degree from Brigham Young University and his J.D. degree from George Washington University in Washington, D.C.

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