Contested Article 81 Guardianship
Join us for the two-day program dedicated entirely to contested Article 81 guardianship matters. Suitable for both the new and experienced attorney, this program will answer the many questions practitioners have about how to approach a guardianship proceeding where a contest arises. This practical program will provide substantive tips and guidance on a variety of issues, including the rules of evidence, discovery, representation of the AIP as well as exploring alternatives to litigation and the variety of circumstances where other alternatives would be appropriate.
♦ Interested in Article 81 Guardianship Training? Click here for our on-demand program. ♦
- March 23, 2022
- March 24, 2022
- 9:00 AM
- 12:00 PM
- 6.0
- 1.0
- 7.0
- Virtual Participation
AGENDA – PART 1
Wednesday, March 23
9:00 a.m. – 9:05 a.m.
Welcome and Introduction
Laura M. Brancato, Esq.
Meltzer, Lippe, Goldstein & Breitstone LLP
New York, NY
9:05 a.m. – 9:55 a.m.
The Role of Mediation in the Guardianship Part – Its Time Has Arrived
Mediation is a key part of resolving contested civil matters throughout the NYS courts, including contested MHL Article 81 cases. This session takes you through mediation basics for effective advocacy in the mediation and how your role as mediation attorney advocate can enhance your law practice.
Beth Polner Abrahams, Esq.
Polner Abrahams Law Firm
Garden City, NY
Elizabeth P. Donlon, Esq.
Floral Park, NY
Judith M. Nolfo, Esq.
Ulster County Surrogate's Court
Kingston, NY
1.0 Credit in Areas of Professional Practice
10:00 a.m. – 10:50 a.m.
Post-Judgment Proceedings: Turnover Proceedings and Beyond
Robert Abrams, Esq.
Abrams Fensterman, LLP
Lake Success, NY
Jeffrey Neuman, Esq.
Abrams Fensterman. LLP
Lake Success, NY
1.0 Credit in Areas of Professional Practice
10:50 a.m. – 10:55 a.m.
Break
10:55 a.m. – 11:45 a.m.
The Role of the AIP Attorney in Contested Guardianship Proceedings
This session, focused on representation of the AIP, will provide insight about when the attorney for the AIP can and/or should take a position to contest a petition or cross petition for guardianship, and the procedural avenues available to support such a position.
Matthew Carmody, Esq.
Raphan Law Partners, LLP
New York, NY
1.0 Credit in Areas of Professional Practice
11:45 a.m. – 12:35 p.m.
Professional Compensation in Contested Matters
This session will discuss the basic components of awarding professional compensation in adult guardianship proceedings under Mental Hygiene Law (“MHL”) article 81 will be set forth and discussed. More specifically, this session will identify the applicable case law and specific statutes involved in which compensation is sought and/or awarded in Adult Guardianship proceedings – including contested and post-Judgment proceedings.
The issues discussed during this session will include: (1) the procedures required to seek compensation; (2) the applicable submissions required; (3) the case law and statutory factors the Court considers in determining an award of reasonable professional compensation; and (4) the generally-accepted permissible maximum hourly rates by which the Court assesses professional compensation for attorneys, accountants, paralegals/office staff, real estate brokers, appraisers, geriatric care managers, and specific Part 36 appointees, including Court Evaluators, Guardians, Counsel for Alleged Incapacitated Persons, Counsel for Guardians, and Court Examiners.
Joseph M. Accetta, Esq.
Court Attorney / Referee
Supreme Court, Westchester County - 9th Judicial District
White Plains, NY
1.0 Credit in Areas of Professional Practice
12:35 p.m. – 12:45 p.m.
Q&A
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AGENDA – PART 2
Thursday, March 24
9:00 a.m. – 9:10 a.m.
Welcome and Introduction
Laura M. Brancato, Esq.
Meltzer, Lippe, Goldstein & Breitstone LLP
New York, NY
9:10 a.m. – 10:00 a.m.
Discovery in Guardianships: “Flying Blind: (Un)discovery in Guardianship Proceedings”
This session will delve into the Article 81 and CPLR Provisions related to Discovery, including a discussion of relevant case law.
Alison Arden Besunder, Esq.
Goetz Fitzpatrick, LLP
New York, NY
1.0 Credit in Areas of Professional Practice
10:00 a.m. – 10:50 a.m.
Evidence in Guardianships – Not So Relaxed: Evidence and Objections in Guardianships
This session will touch upon proper evidentiary rules, proper objections, admissible evidence in contested proceedings and more.
Hon, Lisa A. Sokoloff, ASC
New York County Supreme Court, Guardianship Part
New York, NY
Laura M. Brancato, Esq.
Meltzer, Lippe, Goldstein & Breitstone LLP
New York, NY
Alison Arden Besunder, Esq.
Goetz Fitzpatrick, LLP
New York, NY
1.0 Credit in Skills
10:50 a.m. – 10:55 a.m.
Break
10:55 a.m. – 11:45 a.m.
The Heightened Role of the Court Evaluator in Contested Proceedings
This session will explore the role of the Court Evaluator in Guardianship proceedings, including a focus on the enhanced role of the Court Evaluator in contested proceedings.
Daniel R. Miller, Esq.
Miller & Miller Law Group
Brooklyn, New York
1.0 Credit in Areas of Professional Practice
11:45 a.m. – 12:00 p.m.
Q&A
- Laura M. Brancato, Esq., Speaker;Program Chair, Meltzer, Lippe, Goldstein & Breitstone LLP
- Beth Polner Abrahams, Esq., Speaker, Polner Abrahams Law Firm
- Robert Abrams, Esq., Speaker, Abrams Fensterman, LLP
- Joseph M. Accetta, Esq., Speaker, NYS Supreme Court, Westchester County
- Alison Arden Besunder, Esq., Speaker, Goetz Fitzpatrick, LLP
- Matthew Carmody, Esq., Speaker, Raphan Law Partners LLP
- Elizabeth P. Donlon, Esq., Speaker, EPD Mediation
- Daniel R. Miller, Esq., Speaker, Miller & Miller Law Group
- Jeffrey R. Neuman, Esq., Speaker, Abrams Fensterman, LLP
- Judith M. Nolfo, Esq., Speaker, Ulster County Surrogate's Court
- Webinar
- 0LU81
- Elder Law & Special Needs Section
- Trusts & Estates Law Section
- Committee on Continuing Legal Education
