Thursday, January 21, 2021
9:00 a.m. – 11:00 a.m.
Supported Decision-Making Legislation: What Does It Mean For Guardianship and For People With Disabilities?
At least 10 states and the District of Columbia have passed statutes recognizing supported decision-making (SDM) and requiring third parties to honor decisions made pursuant to supported decision-making agreements (SDMAs) and granted immunity for doing so in good faith.
As New York begins to consider SDMA legislation, this CLE will explore the what an SDM is, how it may be less restrictive than guardianship and what has been learned from a recent pilot project. Additionally, existing legislation will be discussed, what should be included in any new proposed legislation and the potential impact it will have on persons with a variety of intellectual, developmental, cognitive and psychosocial disabilities.
Key Highlights and Takeaways
Attendees should understand what SDM is, how it may be a less restrictive alternative to guardianship, what has been learned from a 5-year pilot project funded by the NYS Developmental Disability Planning Council, and what should, and should not be included in a new statute, looking at the laws already in existence and the potential impact on persons with a variety of intellectual, developmental, cognitive and psychosocial disabilities.
Thursday, January 21, 2021
2.0 MCLE Credits- 2.0 Areas of Professional Practice
This program is transitional and is suitable for all attorneys including those newly admitted
9:00 AM – 9:10 AM
Welcome and Introduction
Sheila Shea, Esq. | Mental Hygiene Legal Service, Third Judicial Department, Albany, NY
9:10 AM – 10:50 AM
Topics to be discussed include:
- What is Supported Decision Making (SDM) and what are Supporting Decision Making Agreements (SDMAs)?
- The New York Pilot, SDMNY, and What They’ve Learned “On the Ground.”
- Why SDM is Important; SDMA Legislation: The Current Landscape
- A Report from the New York City Bar Association; Guardianship and Guardianship-Related Legislation in New York
- How SDMA Legislation May Affect Private Practitioners
- How SDMA Legislation May Impact the Public Interest Bar
- What About Older Persons with Cognitive Decline?
- Concerns About SDMA Legislation
Hon. Kristin Booth Glen | University Professor and Dean Emerita, CUNY School of Law, Surrogate, New York County (ret.)
Matthew Smith, Esq. | Research Associate, Harvard Law School Project on Disability, former Project Coordinator, SDMNY
Chester Finn | Self-Advocate, Advisor to SANYS and former President (Self-Advocacy Association of New York)
Karen Simmons, Esq. | Chair, New York City Bar Association Committee on Mental Health Law
Rose Mary Bailly, Esq. | Government Law Center, Albany Law School
Tara Anne Pleat, Esq. | Wilcenski & Pleat, PLLC., Clifton Park, NY
Julie M. Keegan, Esq. | Disability Rights, New York
Rebekah Diller, Esq., | Associate Clinical Professor, Cardozo Law School
Nina Kohn, Esq. | David M. Levy Professor of Law, Syracuse Law School
10:50 AM – 11:00 AM
Discussion and Q&A
2.0 Credits in Areas of Professional Practice
EARLY BIRD REGISTRATION (Before 12/31/20)
$119: Section Member | $149: NYSBA Member | $269: Non-NYSBA Member
REGULAR REGISTRATION (1/1/21 and after)
$159: Section Member | $199: NYSBA Member | $359: Non-NYSBA Member
IMPORTANT: For those of you that wish to attend multiple Section or Committee programs, we are extending a discount of 25% off the pricing of 2 or more programs, however you must contact our MRC Department directly and register over the phone.
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