Emergency Conservatorships and Guardianships: Pursuing Court Intervention and Orders, Litigation
Identifying Risk and Protective Factors, Standards of Review, Recent Case Law
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide elder law attorneys an in-depth analysis of legal, procedural, and administrative challenges of emergency conservatorships and guardianships. The panel will discuss critical issues in pursuing court intervention and orders, identifying risk and protective factors, and recent case law and standards of review, as well as offer techniques for conservatorship and guardianship litigation.
- Guardianship and other alternatives
- Protective proceedings and civil rights
- Court filings, service, notices
- Limitation of guardian powers and termination of authority
- Initiating the protective proceedings
- Appointment and bonding
- Managing the estate
- Action requiring court approval and voidable transactions
- Claims and accounting
- Court proceedings: key issues and techniques for elder law attorneys
- Recent case law and new state rules
- Rules for administering guardianship and conservatorships
- Transferring guardianship to another state and out-of-state recognition
The panel will review these and other key issues:
- What are the key issues and requirements for establishing guardianships?
- What is the process and pitfalls to avoid in initiating protective proceedings and seeking conservatorship?
- What is the process to contest guardianship or conservatorship proceedings, and how to address them?
- What techniques are available in overcoming issues in court proceedings?
- What are the challenges in transferring guardianship to another state or acquiring out-of-state recognition?
Holland & Knight
Mr. Barton is an attorney in Holland & Knight's Private Wealth Services Group. He represents individuals,... | Read More
Mr. Barton is an attorney in Holland & Knight's Private Wealth Services Group. He represents individuals, families, charitable institutions, corporate trustees and private professional fiduciaries in litigation involving complex trusts and estates. Mr. Barton also provides guidance on trust and estate administration, conservatorship and guardianship matters, as well as claims involving elder abuse.Close
Stacie L. Chau
Holland & Knight
Ms. Chau's practice focuses on complex trusts and estates litigation. She also has experience with construction... | Read More
Ms. Chau's practice focuses on complex trusts and estates litigation. She also has experience with construction litigation, health care litigation, intellectual property litigation and various corporate transactional work. Due to Ms. Chau’s diverse background and fluency in the Chinese language, she also serves as lead legal counsel for the Khawalung Foundation, a charitable organization aimed to assist homeless children in Nepal.Close
Mr. Evans' practices in the areas of probate administration, probate litigation, conservatorships &... | Read More
Mr. Evans' practices in the areas of probate administration, probate litigation, conservatorships & guardianships, elder law and trust administration.Close