A Guardianship System in Need of Reform: Britney Spears Is Not Alone
This program is two days only:
Part 1 – Wednesday, December 8 | 9:00 a.m. – 1:00 p.m.
4.5 MCLE Credits (3.0 Areas of Professional Practice, 1.0 Diversity, Inclusion & Elimination of Bias; 0.5 Skills)
Part 2 – Wednesday, December 15 | 9:00 a.m. – 12:30 p.m.
4.0 MCLE Credits (3.0 Areas of Professional Practice, 1.0 Ethics and Professionalism)
Public outcry towards Britney Spears’ conservatorship has prompted questions about the laws that permit the transfer of legal authority from one person to another and whether these laws actually protect the person. While conservatorship or guardianship laws are different from jurisdiction to jurisdiction they each rely upon the premise that the courts must intercede because a person needs its protection. The persons’ right to self-determination is often outweighed in favor of the desire to protect the person. In order to balance the scales many jurisdictions have built in additional due process protections including limiting the scope of the guardianship, ensuring right to counsel, shifting the burden and requiring higher standards for proof and notice and incorporating a restoration process. Yet, many jurisdictions, including New York, operate a guardianship system that does not offer these additional protections. Further, Ms. Spears’ conservatorship has shown that even where due process is offered it doesn’t ensure that the person’s voice is heard.
Through this 2-day CLE, we will explore guardianship systems in New York State and how they hold up against the criticism being expressed by those that are following Britney Spears’ story. We will examine what it means to offer due process protections, such as right to counsel, right to a hearing, and notice as well as other alternatives to guardianship. We will also discuss the concerns raised by those subject to guardianships and the challenges they faced restoring their legal rights. Finally, we will examine the challenge to reforming these systems and alternative approaches being used to avoid the application of a guardianship.
- December 8, 2021
- December 15, 2021
- 9:00 AM
- 12:30 PM
- 6.0
- 1.0
- 1.0
- 0.5
- 8.5
- Virtual Participation
- Ms. Spears triggers examination of conservatorships/guardianships
- Overview of guardianship in New York (MHL Article 81 and SCPA Article 17-A)
- The Process of SCPA Article 17A
- Challenges with jurisdictional differences
- Impact of bias
- Restoration
- Legal tools to maintain decision-making
- Does the ADA require the use of these tools as a reasonable accommodation?
- Understanding the client’s experience – inclusion, bias, and other considerations for advising clients in Guardianship Practice
- Lessons learned from Ms. Spears and its impact on duty to your client
- Establishing attorney-client relationship
- Communication with others, including unrepresented parties
- Role of the attorney to educate about alternatives
- Guardian Ad Litem versus Counsel
- Constitutional changes
- ADA challenges
- Olmstead Plan
- Alternative to guardianship
- Guiding principles
- Legislative reports
- National trends impacting State practice
- Tackling questions about the impact of Federal law on the practice of guardianship (Constitutional and Anti-Discrimination Law)
Part 1 Agenda
Wednesday, December 8, 2021
4.5 MCLE Credits (3.0 Areas of Professional Practice, 1.0 Diversity, Inclusion & Elimination of Bias; 0.5 Skills)
9:00 – 9:05
Welcome and Introduction
9:05 – 9:30
An Overview of Guardianship in New York
Speakers:
Sheila E. Shea, Esq.
Director
Mental Hygiene Legal Services, 3rd Judicial Department
Albany, NY
Jennifer J. Monthie, Esq.
Legal Director
Disability Rights New York
Albany, NY
0.5 Credits in Areas of Professional Practice
9:30 – 10:45
Guardianship Practice in New York
Speakers:
Lisa K. Friedman, Esq.
Law Office of Lisa K. Friedman
New York, NY
Laura E. O'Brien, Esq.
Staff Attorney
Disability Rights New York
Rochester, NY
1.5 Credit in Areas of Professional Practice
10:45 – 10:55
Break
10:55 – 11:45
Assessing Whether Guardianship is the Least Restrictive Intervention
Speakers:
Irini N. Bekhit, Esq.
Supervising Attorney, Guardianship Dept.
New York Surrogate's Court, Richmond County
Staten Island, NY
Hon. Kristin Booth Glen
Project Director
Supported Decision Making New York
University Professor and Dean Emerita at CUNY School of Law
Long Island City, NY
1.0 Credits in Areas of Professional Practice
11:45 – 1:00
Experiencing the Guardianship Process
Speakers:
Prianka Nair, Esq.
Brooklyn Law School
Assistant Professor of Clinical Law & Co-Director of the Disability and Civil Rights Clinic
Brooklyn, NY
Tina Bebry & Kole Johnson
1.0 Credit in Diversity, Inclusion & Elimination of Bias
0.5 Credit in Skills
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Part 2 Agenda
Wednesday, December 15, 2021
4.0 MCLE Credits (3.0 Areas of Professional Practice, 1.0 Ethics and Professionalism)
9:00 – 9:05
Welcome and Introduction
9:05 – 9:55
Ethical Considerations for Attorneys in Guardianship Practice
Speakers:
Kimberly Weisbeck, Esq.
Supervising Attorney
Disability Rights New York
Rochester, NY
Tara Anne Pleat, Esq.
Wilcenski & Pleat PLLC
Clifton Park, NY
1.0 Credits in Ethics
9:55 – 11:10
Highlights of the Disability Rights Committee Report
Speakers:
Rose Mary K. Bailly, Esq.
Institute for Aging and Disabilities Law at the Government Law Center at Albany Law School
Albany, NY
Sheila E. Shea, Esq.
Director
Mental Hygiene Legal Services, 3rd Judicial Department
Albany, NY
1.5 Credits in Areas of Professional Practice
11:10 – 11:15
Break
11:15 – 12:30
The Evolving Practice of Guardianship: Where Do We Go From Here?
Speakers:
Lawrence R. Faulkner, Esq.
Former General Counsel, the Arc Westchester and Former Deputy General Counsel, NYS Office for People with Developmental Disabilities
Hon. Margarita Lopez Torres
Kings County Surrogate's Court, 2nd Judicial Department
Brooklyn, NY
Rose Mary K. Bailly, Esq.
Institute for Aging and Disabilities Law at the Government Law Center at Albany Law School
Albany, NY
Jennifer J. Monthie, Esq.
Legal Director
Disability Rights New York
Albany, NY
Christopher R. Lyons, Esq.
AIM Services, Inc.
Saratoga Springs, NY
Kirk M. Lewis, Esq.
Executive Director
Schenectady ARC
Schenectady, NY
Tara Anne Pleat, Esq.
Wilcenski & Pleat PLLC
Clifton Park, NY
1.5 Credits in Areas of Professional Practice
- Sheila E. Shea, Esq., Speaker, Mental Hygiene Legal Services
- Jennifer J. Monthie, Esq., Speaker, Disability Rights New York
- Lisa K. Friedman, Esq., Speaker, Law Office of Lisa K. Friedman
- Laura E. O'Brien, Esq., Speaker, Disability Rights New York
- Irini N. Bekhit, Esq., Speaker, New York Surrogate's Court, Richmond County
- Hon. Kristin Booth Glen, Speaker, CUNY School of Law
- Prianka Nair, Esq., Speaker, Brooklyn Law School
- Tina Bebry, Speaker, Client
- Kole Johnson, Speaker, Client
- Kimberly Weisbeck, Esq., Speaker, Disability Rights New York
- Tara Anne Pleat, Esq., Speaker, Wilcenski & Pleat, PLLC
- Lawrence R. Faulkner, Esq., Speaker, Former General Counsel, The Arc Westchester / Former Deputy General Counsel, NYS Office for People with Developmental Disabilities
- Hon. Margarita Lopez Torres, Speaker, Kings County Surrogate's Court, 2nd Judicial Department
- Christopher R. Lyons, Esq., Speaker, AIM Services, Inc.
- Kirk M. Lewis, Esq., Speaker, Schenectady ARC
- Webinar
- 0LL61
- Elder Law & Special Needs Section
- Committee on Disability Rights
- Committee on Continuing Legal Education
