Navigating the Mental Hygiene Law: Understanding/Litigating Cases Where Mental Capacity & Treatment is at Issue
This CLE is designed to educate attorneys on the respective legal procedures for persons alleged to be a at risk as a result of a psychiatric condition.
We will review significant parts of the New York Mental Hygiene Law Article 9.00 et seq. and explain the respective criterion for involuntary commitment and treatment of persons alleged to require involuntary intervention as a result of an acute mental health conditions.
We will provide an overview of hearings for mental hygiene warrants to involuntarily psychiatrically evaluate involuntary commitment proceedings, psychiatric treatment override proceedings, involuntary outpatient commitment proceedings (also known as “Kendra’s Law”) and Guardianship proceedings in Surrogate and Supreme Courts.
- March 24, 2021
- 10:00 AM
- 1:00 PM
- 3.5
- 3.5
- Virtual Participation
10:00 a.m. – 10:05 a.m.
Welcome and Introductions
Moderator:
Robin Goeman, Esq.
Elder Law Attorney (New York and Vermont)
Vice Chair of the Elder Law and Special Needs Section Mental Health Committee
10:05 – 11:20 a.m.
• Voluntary and Involuntary Admission in Psychiatric Hospitals
• Retention Hearings for Psychiatric Admission
• Rivers v. Katz and Psychiatric Treatment Over Objection
• Treatment Hearing Override Hearings
• Analysis and Questions
Lisa Volpe, Esq.
Deputy Chief Attorney
Mental Hygiene Legal Services
2nd Judicial Department, Appellate Division
Garden City
(1.5 in Areas of Professional Practice)
11:20 – 12:10 pm.
• History and Purpose of Kendra’s Law (Assisted Outpatient Treatment - MHL 9.60) and the idea of Involuntary Outpatient Commitment Proceedings
• Kendra’s Law in Practice, AOT Hearings
• Legal Challenges to Kendra’s Law
• Analysis
Suanne Chiacchiaro, Esq.
Law Offices of Susan Chiacciaro
East Northport, NY
Elder Law Attorney, Represents Hospitals in Mental Hygiene Law and Individual Clients
Former Co-Chair of NYSBA ELSN’s Mental Health Committee
(1.0 Areas of Professional Practice)
12:10 p.m. – 1:00 p.m.
• Mental Hygiene Warrants – What is Their Purpose, Procedure and Efficacy Statewide
• Guardianship Pursuant to Article 81 of the Mental Hygiene Law Where Incapacity is the Result of Mental Illness
• Analysis and Outcomes
Julie Stoil Fernandez, Esq.
Partner
Finkel & Fernandez, LLP
Brooklyn, NY
(1.0 Areas of Professional Practice)
1:00 p.m.
Adjourn
- Suanne Chiacchiaro, Esq., Speaker, Law Office of Suanne Linder Chiacchiaro
- Julie Stoil Fernandez, Esq., Speaker, Finkel & Fernandez, LLP
- Lisa Volpe, Esq., Speaker, New York State Mental Hygiene Legal Service
- Robin N. Goeman, Esq., Moderator, Law Offices of Robin N. Goeman
- Webinar
- 0KJ71
- Elder Law & Special Needs Section
