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This full-day program meets the legal requirements certified by the NYS Office of Court Administration Guardian and Fiduciary Services; therefore, all participants of this program are eligible for enrollment on the list of the Chief Administrator, pursuant to Part 36 of the Rules of the Chief Judge, in the category of “Guardian, Court Evaluator, and Attorney for Alleged Incapacitated Person.”

This program takes a functional approach to determining whether an alleged incapacitated person requires a guardian and places a premium on employing the least restrictive intervention to preserve independence and self-determination. Article 81 requires the appointment of a court evaluator in all cases to determine the functional strengths and weaknesses of the alleged incapacitated person, to explain the court proceedings and to advise the person of his or her rights, including the right to counsel. The authority and powers of the guardian are then tailored to the specific needs of the incapacitated person and may be reduced or increased over time as the person’s needs change. You will hear from attorneys, court representatives and others with expertise in this important area of practice.

 Agenda
Subject to slight changes

9:00 AM – 9:10 AM Welcome & Introductions
Bradley Loliger, Esq., Center for Elder Law and Justice

9:10 AM – 9:35 AM Basics of Alzheimer’s & Dementia
Dr. Kathleen Grimm

9:35 AM – 10:00 AM Basics of Petitioning & Pleadings
Emily O’Reilly, Esq., Magavern Magavern Grimm LLP

10:00AM – 10:50 AM Legal Duties & Responsibilities of the Court Evaluator
Helen Ferraro-Zaffram, Esq., Center for Elder Law & Justice

10:5 AM – 11:00 AM Break

11:00 AM – 11:50 AM Legal Duties & Responsibilities of Attorney for the AIP
Margot S. Bennett Mitschow, Esq., Mental Hygiene Legal Service

11:50 AM – 12 Noon Brief Q&A Session

12 Noon – 12:45 PM Lunch Break

12:45 PM – 1:10 PM The Hearing / Perspective from the Bench
David Caywood, Confidential Law Clerk to Hon. Paula Feroleto, J.S.C.

1:10 PM – 1:35 PM NYS Article 81 Reforms
Diana Colon, Esq., Director and Special Counsel, Office of Guardianship Matters and Elder Justice, Office for Justice Initiatives, NYSUCS

1:35 PM – 1:50 PM The Part 36 List
Meredith Jones, Esq., Special Counsel for Surrogate and Fiduciary Matters, NYS Office of Court Administration

1:50 PM – 2:40 PM Guardianship Reports & Accountings / Role of the Court Examiner
Jeff Bochiechio, Esq. & Beth Bochiechio

2:40 PM – 3:40 PM Legal Duties & Responsibilities of Guardian of Person and Property
Bradley Loliger, Esq., Center for Elder Law & Justice

3:40 PM – 4:00 PM Panel Discussion / Q&A

$125 for BAEC members
$250 for nonmembers
FREE for current law students
Tuition assistance is available. Click here for application.