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Using The One-Shot Provision Of Article-81: Preserving Rights & Resources

Using The One-Shot Provision Of Article-81: Preserving Rights & Resources

Using the One-Shot Provision of Article-81_675

Guardianship is a drastic remedy that removes a person’s legal rights and is both time-consuming and costly, yet it is the default solution when an important or critical decision must be made, and a person’s legal capacity is in question. There is, however, an underutilized and often unknown provision of MHL Art. 81 that permits a court to “approve a transaction or transactions” or appoint a special guardian to do time-limited tasks, “preserving rights” of the allegedly incapacitated person, and “conserving resources” both for the person and their family, and for the courts as well. MHL 81.16(b) can be useful in a variety of situations–from health-related issues including informed consent in non FHCDA settings, Medicaid qualification, etc. to financial issues including creating SNTs, ABLE accounts, and mortgage foreclosure, to immigration and naturalization. The webinar will enable you to understand the myriad of situations in which the “one-shot” provision can be effectively employed, and give you tools to navigate the procedural  and ethical issues that it may raise.  

Start Date:
  • November 30, 2021
Start Time:
  • 12:00 PM
End Time:
  • 1:00 PM
Areas Of Professional Practice Credit(s):
  • 1.0
Total Credit(s):
  • 1.0
Region:
  • Virtual Participation
Format:
  • Webinar
Product Code:
  • 0LJ41
Section Member Price: $40.00
NYSBA Member Price: $50.00 Join (or renew) for special member pricing
Non-Member Price: $100.00
Sponsoring Committee Group
  • Committee on Disability Rights
  • Elder Law & Special Needs Section
  • Health Law Section