Structuring Conservatorships and Guardianships for Aging Adults to Maximize Asset Protection

Pre-Petition Alternatives, Resolving Challenges to Involuntary Appointments, Managing Obligations Post-Appointment

This program has been cancelled

A live 90-minute CLE webinar with interactive Q&A


Thursday, July 19, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will guide counsel to elder clients in structuring guardianships and conservatorships for aging adults. Our panel will discuss the process for obtaining each, common pitfalls to avoid, alternatives to consider beforehand, and best practices for preserving assets during periods of incapacity.

Description

Incapacity, in one form or another, frequently occurs in elderly adults. Guardianship and conservatorship, when properly structured and executed, can shield seniors and their families from potential harm due to waning physical or mental capability.

Guardianship is a legal relationship between a competent adult and a person who, due to incapacity, is no longer able to take care of their affairs. While some jurisdictions interchange the term conservatorship, most states distinguish this scenario as limited to circumstances where a guardian is only authorized to make financial decisions.

The process begins with filing a petition with the probate court that requests the appointment of a person to manage whichever aspect of the ward’s affairs are at risk. The conservatorship is limited to those occasions where the ward’s capacity has diminished to the point of posing a danger to himself or others or concerning assets at risk of dissipating beyond recovery.

Increasingly, petitions are submitted by long-term care providers to remedy non-payment by an agent with power of attorney for the patient. Counsel must understand how to overcome these kinds of challenges and how to preserve assets during periods of incapacity to ensure adequate resources are available for a client’s needs.

Listen as our distinguished panel provides critical guidance for structuring guardianships and conservatorships to avoid pitfalls, insight on resolving challenges to involuntary appointments, and best practices for managing the obligations post-appointment.

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Outline

  1. Guardianship vs. conservatorship
  2. The process
    1. Voluntary
    2. Involuntary
  3. Alternatives
  4. Post-appointment responsibilities

Benefits

The panel will review these and other noteworthy issues:

  • How do guardianships and conservatorships impact other aspects of aging adulthood?
  • What alternatives should counsel consider before submitting a petition?
  • What challenges to guardianship/conservatorship can be mounted by interested third parties?

Faculty

Ophelia Chan
Ophelia Chan

Chan Law Firm

Ms. Chan represents clients in extensive litigation involving wills, trusts, decedent’s estates, guardianships,...  |  Read More

Keenan, Michael
Michael J. Keenan

Atty
Keenan Law

Mr. Keenan specializes in elder law, estate planning, special needs trusts and probate law. He has written...  |  Read More