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Advocating for Your Client's Right to Remain in the Community

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Attend this session to learn to advocate for your client’s civil right to remain in the community and how to participate in your state’s HCBS transition plan and how to advise clients on those changes. Presented by: Patricia E. K. Dudek, CAP, Blaine P. Brockman, Esq., and Theresa M. Varnet, Esq.
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$99.00
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$199.00
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Assessing Client Capacity and Decisions the Client Can Make

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Taking your practice to the next level? This recorded webinar discusses the ABA's "Capacity Worksheet for Lawyers" and the issue of the level of client capacity being sufficient or insufficient to proceed with representation (or protective action) in ways that protect the client and the attorney.
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$119.00
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Can Guardianship Be Avoided? (2009)

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Session from November 2009 Public Benefits and Guardianship Institute presented by Paul R. Kietzman and Robert Mascali from NYSARC, Inc. Innovative practices are offered that can be used to avoid the need for a formal guardianship for an individual with developmental disabilities. The panel presentation is followed by a workshop-style directed discussion led by panel members and leaders from the Guardianship/Capacity Section.
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Considering and Facilitating Client Capacity (2015)

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A mental health professional will address historical and contemporary views on capacity, and what attorneys should know about observing, identifying, and enhancing client capacity. An attorney, working with the mental health professional, will demonstrate the use of the Capacity Worksheet for Lawyers developed by the ABA, which facilitates structuring and recording observations of clients with diminished capacity, and provides a systematic and comprehensive process for working with clients with diminished capacity.
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Contested Guardianships: Sword and Shield (2009)

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Session from 2009 Public Benefits and Guardianship Institute presented by Cynthia L. Barrett, CELA, CAP and Shirley Berger Whitenack, Esq., CAP. While many family members initiate guardianships to protect an alleged mentally incapacitated person, some are motivated by a desire to control a relative and his or her assets. This session focuses on litigation techniques and ways to improve the life of the incapacitated person, preempt fights and chaos, and improve post-mortem positions through contested guardianships. Panel presentation is followed by a workshop-style directed discussion led by panel members an leaders from the Guardianship/Capacity Section.
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Contested Guardianships: Trial Techniques (2015)

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Focuses on a contested guardianship matter involving competing petitions, powers of attorney and allegations of undue influence. The presenters will illustrate various trial techniques including eliciting testimony from both lay persons and expert witnesses through videotaped segments. In addition, the program will address methods for submitting evidence in the record. Presented by David McGuffey and Catherine Seal
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$199.00
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Dealing with Incapacity (2013)

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This session addresses the different types of guardianships, how they can protect an alleged incapacitated person from abuse, and the ethical dilemmas that may arise by focusing on a case study. Presented by Shirley Berger Whitenack, CAP
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$49.50
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$79.50
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Diminished Capacity-Lawyer's Role (2012)

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Focuses on the different facets of incapacity and the lawyer's role in determination, as well as ethical issues involved and the difference between legal and clinical determinations. Presented by Charles P. Sabatino, Esq. Charles P. Sabatino, Esq
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$79.00
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Elder Law and the Mental Health Commitment Process (2009)

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Session from the 2009 Annual Conference presented by Richard Spiegle, Psy.D. An 85-year-old man referred for evaluation of functional capacities and his potential for assault. Conclusion: Obtain mental health hold then civil commitment, not without controversy and complications.
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Fair Hearings & Appeals: State Review or Federal Case (2009)

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Session from 2009 Public Benefits and Guardianship Institute presented by Sharon Rivenson Mark, Esq.; Rene Reixach, Esq.; and Shirley B. Whitenack, Esq. Gain knowledge of tools you will need to represent clients in fair hearings and to create records for appeals in state courts. Learn when to file an action in federal court instead of going through the state administrative procedures.
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