Representation of Incapacitated Persons as a Guardian Ad Litem—Qualifying Course

MCLE Credits: 6.0
Ethics Credits Included: 1.0

Video on Site: Wednesday, January 29 / Abingdon, Alexandria, Charlottesville, Hampton, Richmond, Roanoke
Registration: 8:30 a.m.
Program: 9:00 a.m. - 4:05 p.m.
MCLE Credit: 6.0 (Ethics: 1.0)
Live-Interactive Credit: 0.0
GAL for Incapacitated
Persons CE Credit:		 6.0 (GAL Information)
This program is a video replay of a live seminar held in Charlottesville on November 8, 2018.
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Information

Why Attend?

  • To be appointed as a guardian ad litem for an incapacitated person in Virginia, members of the bar must meet the standards set forth by the Judicial Council of Virginia. This six-hour course meets the training requirement under these standards. All attorneys who wish to qualify for court appointment as GALs for incapacitated persons in Virginia must take this course.
  • Forms will be available as part of the electronic materials all attendees receive.

In proceedings where a guardian and/or conservator is sought for an allegedly incapacitated person, the Circuit Court appoints a guardian ad litem (GAL). This course will qualify you to accept those appointments.

Then what should you do? This course will teach you the basics, including:

  • What starts the whole process?
  • How is a GAL appointed?
  • What are your duties as a GAL?
  • What community resources are there to assist you?
  • How do you determine if a guardian and/or conservator is needed?
  • Are there alternatives to a guardian/conservator?
  • What are the duties of the guardian and conservator?
  • What ethical rules apply to you as GAL?

For more information on becoming a GAL for incapacitated persons in Virginia, please contact the Office of the Executive Secretary, Supreme Court of Virginia, 100 North Ninth Street, Third Floor, Richmond, VA 23219 (804-786-6455) or visit http://www.courts.state.va.us.

 

Schedule

COURSE SCHEDULE

8:30 Registration
9:00 Introduction and Brief Overview
9:20 Appointment Process
Raymond L.  Clarke
  • Definitions
  • Evaluation Report
  • Petition
  • Notice
  • Appointment of Guardian Ad Litem
  • Hearing
  • Order
10:00 Break
10:10 Role of the Guardian Ad Litem for Adults and of Counsel for Respondent
Jean G.  Ball, Kimberley Ann Murphy
  • Duties of the GAL
  • GAL Report
  • Respondent’s Right to Counsel
  • Role of Counsel
  • GAL as Mediator
  • Determining Real Issues in Controversy
  • GAL Role in Drafting the Orders
11:40 Requirements to Become a Guardian Ad Litem for Incapacitated Adults
Sandra L. Karison
  • Initial Qualification and Training
  • Recurrent Training
12:05 Lunch Recess
12:50 Adult Guardianship Alternatives
Sherri L. Nelson
  • Power of Attorney
  • Living Trust
  • Joint Accounts
  • Advance Directive
  • Civil Commitment           
1:35 Aging, Disability, and Community Resources
Angela Morehouse
  • Dynamics of Incapacity
  • Communication
  • Cultural Awareness
  • Medical Terminology
  • Reading Medical Reports
  • Medicaid/Medicare
  • Local and State Agencies
  • Public Guardianship
2:15 Break
2:25 Role of the Guardian/Role of the Conservator
Ann M. Green
  • Qualification
  • Duties and Powers
  • Annual Reports
  • Revocation or Modification           
3:05 Ethical Considerations:  Representing the Impaired Client
Frank A. Thomas, III

Many issues arise that deserve special consideration, including:

  • The ethics rules indicate that the lawyer may be obligated to make decisions for the impaired client. Under what circumstances does this occur? Which decisions are appropriate?
  • A client is presumed to be competent. How will you know when the client is incompetent?
  • To whom may a lawyer disclose confidence and when?
  • The lawyer’s role in the guardianship proceedings         
4:05 Adjourn

Faculty

FACULTY

Jean G.  Ball, Jean Galloway Ball, P.L.C. / Fairfax
Raymond L. Clarke / Charlottesville
Ann McGee Green, Anderson, Desimone and Green, P.C. / Roanoke
Sandra L. Karison, Court Improvement Program, Office of the Executive Secretary, Supreme Court of Virginia / Richmond
Angela Morehouse, The Morehouse Law Firm, P.L.L.C. / Manassas
Kimberley Ann Murphy, Hale Ball / Fairfax
Sherri L. Nelson, Geddy, Harris, Franck & Hickman, LLP / Williamsburg
Frank A. Thomas III, Frank A. Thomas, III PLC  / Orange

Locations, Dates and Fees

VIDEO REGISTRATION FEES (Lunch not included)
(All registrants will receive access to a complete set of downloadable e-book seminar materials. Printed materials are not available for the video replays.)

$239 regular registration.
$259 on-site registration (if space is available).

VIDEO LOCATIONS AND DATES

WEDNESDAY, JANUARY 29, 2020

Abingdon: Southwest Virginia Higher Education Center, on the campus of Virginia Highlands Community College (I-81 exit 14),  1 Partnership Circle (276) 619-4300 (Venue Website / Google Map)
Alexandria: Courtyard Marriott Alexandria Old Town / Southwest, 2700 Eisenhower Avenue (703) 683-6000 (Venue Website / Google Map)
Charlottesville: The Virginia CLE® Building, 105 Whitewood Road (800) 979-8253 (Venue Website / Google Map)
Hampton: Old Dominion University’s Peninsula Center, Peninsula Workforce Development Center, Second Floor, 600 Butler Farm Road, next to the TNCC Campus  (757) 766-5200 (Venue Website / Google Map)
Richmond: Virginia Tech Richmond Center, 2810 N. Parham Road, Suite 300, 3rd Floor (Parking available only in spots not marked “Visitor Parking”) (804) 662-7464 (Venue Website / Google Map)
Roanoke: Roanoke Higher Education Center, 108 North Jefferson Street (Parking validated for parking deck adjacent to center only) (540) 767-6161 (Venue Website / Google Map)

A special 15% discount and free shipping on Virginia CLE®–published books will be available for purchases made at the seminar site.

Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar. 

If you have a disability that requires special accommodation, please contact Virginia CLE® well in advance of the program date.

Private recording of this program is prohibited.
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