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To claim CLE credit, view by: December 14, 2024
Depending on the jurisdiction in which you practice, you may or may not be able to claim credit for viewing this on demand seminar. Please check with your licensing agency for accreditation information.
Originally presented: December 15, 2022 | Course length: 6.0 hours
Over the past several years, there has been an increase in the number of guardianship and conservatorship cases in court systems across the country. Also, the number of contested cases in this area are on the rise. Further, these types of cases have received increased media attention and public scrutiny, giving rise to renewed questions regarding their usefulness, if less restrictive means exist and whether the persons subject to these proceedings should be restored to capacity. This seminar will provide an overview of the law governing guardianships and conservatorships and will delve into more advanced topics for the more experienced practitioner.
This seminar will teach you how to handle guardianship and conservatorship cases with confidence and competence! We’ll start with an overview of guardianship and conservatorship law then delve into more challenging issues for the experienced practitioner. Our expert faculty will discuss:
Welcome and Announcements (5 MINUTES)
– Sarah B. Sicheneder
Foundations of Guardianship/Conservatorship Representation: What You Need to Know Before You Take Your First Client (50 MINUTES)
This session will examine the basics of guardianship and conservatorship proceedings in Minnesota: When is a guardianship or conservatorship appropriate? What are the roles of the Petitioner and court-appointed attorney? Who is the most appropriate person to serve as a guardian or conservator? How to best represent the proposed protected person? What goes on in a contested hearing or a restoration proceeding?
– Mary Joki Ebb
10 Helpful Tips for Drafting the Initial Guardianship and Conservatorship Pleadings – With Sample Forms (45 MINUTES)
This session will provide helpful tips and best practices for drafting the initial guardianship and conservatorship pleadings and related proposed orders. Learn important drafting techniques and considerations for these unique cases.
– Robert A. McLeod
Litigating Guardianships and Conservatorships (45 MINUTES)
This session will explore the unique aspects of litigating guardianship and conservatorship cases. You will learn strategies for handling testimony from persons with diminished capacity and other unique evidentiary issues that may arise in this context. Also, we will address the role of the court-appointed attorney and tips for working with counsel to achieve the best possible outcome for your clients.
– Sarah B. Sicheneder, Kimberly A. Prchal & Megan C. Kelly
Judicial Perspectives and Insights on Guardianships and Conservatorships (60 MINUTES)
Judicial officers share their insights and advice for attorneys in guardianship and conservatorship proceedings. This panel will address the appropriate documents to file before going to court, and what to prove up before a hearing in a contested case.
– Referee George F. Borer, Referee Joel C. Olson & Referee Lori D. Skibbie
– Sarah B. Sicheneder (moderator)
10 Tips for Working With Court-Appointed Attorneys (30 MINUTES)
When a guardianship petition is filed the Court usually appoints an attorney to represent the person over whom guardianship is sought (the Respondent) to act as the Respondent’s legal advocate. This session will address the role of the court-appointed attorney and their relationship and interactions with other parties to the proceeding.
– Spencer C. Butts & Mary A. Szondy
Conservator Account Audit and Review Program Efforts to Monitor Fiduciaries (30 MINUTES)
The Conservator Account Auditing and Review Programs (CAAP and CARP) operate statewide to audit conservator accounts and provide information and recommendations to the district courts and conservators. Learn about the program’s expectations for practitioners statewide as well as information on new procedures and upcoming system enhancements.
– Laura M. Bendson & Jamie Majerus
Advising Clients Who File Personal Well-Being Reports in a Guardianship (30 MINUTES)
Minnesota’s guardianship statutes require guardians to file annual personal well-being reports concerning the person subject to the guardianship’s current mental, physical and emotional condition. This session will explore the role these well-being reports play in continuing a guardianship. This session will also provide tips for assisting your clients who draft these reports to ensure that they are helpful to the court and the person subject the guardianship.
– Krista M. Schneider & Mary A. Szondy
What Is Supported Decision-Making and What’s Guardianship Got to Do With It? (45 MINUTES)
Supported decision making is a newer concept for some. Recent modifications to Minnesota’s guardianship statutes address the reality that guardianship may be an overly restrictive tool with sometimes surprising harms. This session will explore supported decision making as a model for building upon a person’s abilities, support teams, and available community and residential service systems to address vulnerabilities as an alternative to guardianship and as an option to explore in terminating guardianships.
– John A. Kantke & Anita Raymond
Navigating Difficult Relationships in the Context of Guardianships and Conservatorships (30 MINUTES)
Guardianships and conservatorships can be emotionally charged proceedings with many competing interests. This session will explore the common issues that arise and provide helpful tips for successfully navigating these proceedings for the benefit of your client.
– Teresa B. Molinaro
$245
Other discounts that may apply:
Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.
Minnesota CLE is applying to the Minnesota State Board of CLE for 6.0 standard CLE credits. The maximum number of total credits attendees may claim for this program is 6.0 credits.
Depending on the jurisdiction in which you practice, you may or may not be able to claim credit for viewing this on demand seminar. Please check with your licensing agency for accreditation information.
