Preserving Rights While Providing Protection for Vulnerable Clients

Attorneys who work with vulnerable populations such as the I/DD or elderly community may only believe or know about (plenary) guardianships, which often seem like the only solution. However, there are several options attorneys may not know about, which may be more appropriate and would enable those individuals to maintain their autonomy and dignity, and all or most of their rights. In all this program, they will discuss three other “options” that attorneys should know about: Supported Decision-Making (SDM), the MHL Article 81.16(b) “One-Shot” provision, and Guardianship on Consent (MHL Article 81.02(a)(1). Some considerations include when the assumed incapacitated persons (AIPs) understood and were agreeable to (generally limited) guardianship, it can make a difference in how they experienced their changing circumstances and themselves (such as not having been found incapacitated by a court), as well as their relationship with a guardian who the individual has often chosen.

Speakers

Alison Morris, Chair of the Committee on Disability Rights (Program Planning Chair)

Hon. Kristin Booth Glen, CUNY School Of Law

Yi Wang Stewart, Farrell Fritz, P.C.

Tara Anne Pleat, Wilcenski & Pleat PLLC (2019-20 Elder Law and Special Needs Section Chair)

Sheila E. Shea, Mental Hygiene Legal Service

Hon. David H. Guy, Broome County Surrogate’s Court (2024 Recipient of the Elder Law and Special Needs Section's Judicial Award)