Essentials of Adult Guardianship Petitions (Online Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
GAL for Incapacitated
Persons CE Credit
:
2.0 (GAL Information)
Price: $149 (Includes a downloadable audio version.)
Viewable Through: 01/31/2024

Information

A pre-recorded streaming AUDIO replay of the October 2020 webcast, Essentials of Adult Guardianship Petitions .


Topics Covered

  • Obtain basic understanding of when an individual needs a guardian or conservator
  • Learn the “language” of adult guardianship
  • Learn the factors to evaluate if guardianship is appropriate
  • Review jurisdictional issues and work-arounds if needed
  • Review and become familiar with the steps from intake to entry of the guardianship order Appointment of Guardian ad litem and language that should be in the Guardian ad litem Order
  • Get a list of the duties of the GAL and what petitioning attorneys can do to make their job easier
  • Get “Practice Points” that will make it easier for the client if circumstances change
  • Become aware of the special issues for “Coming of Age” guardianships (disabled child turning 18)
  • Learn the mandatory notices and format
  • Review the presentation of uncontested case to the court
  • Learn the art of drafting the Order of Appointment—voting issue?  Driving issue?
  • Review the estate planning in guardianship cases—a trap for the inexperienced
  • Learn good practice duties after the order is entered

As our society ages more people are becoming unable to handle their property or manage their care, and a lot didn’t make plans for someone to help them. The courts are then asked to appoint a guardian and/or a conservator to look after them. Virginia’s guardianship process is codified in Virginia Code Title 64.2, Part IV, as amended through the 2020 session of the General Assembly

This course is a nuts and bolts introductory level course for shepherding a guardianship case from intake through entry of the order appointing a guardian and conservator, their qualification, and follow-up. It is presented in the expected order a case would progress. As part of the materials, attendees get the presenter’s tried and true forms and the checklist used by one of the larger Circuit Courts in the Commonwealth.

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Schedule

Faculty

ABOUT THE SPEAKER


Ross C. Hart
, Hart & Hart Attorneys, LTD / Salem

Ross C. Hart is a third-generation lawyer following his grandfather and father practicing law in the Roanoke Valley. He concentrates his practice in Elder Law, consisting of estate planning, administration, adult guardianship, and other issues facing seasoned citizens.

Mr. Hart was named to the WINGS initiative (“Working Interdisciplinary Network of Guardianship Stakeholders”) by the Chief Justice of the Virginia Supreme Court when WINGS was created in 2016. He is a member of the Virginia Academy of Elder Law Attorneys and serves on its board of directors. He is also a member of the board of directors for the Legal Aid Society of the Roanoke Valley. Governor Gerald Baliles appointed Mr. Hart as the first Citizen member of the Virginia Board of Medicine, where he served for nine years.

Mr. Hart has taught law related classes at National College, Salem VA, and Virginia Western Community College, Roanoke VA, and regularly conducts continuing legal education seminars on various topics in elder law.

Mr. Hart received his B.A. from Monmouth College, Illinois, in 1973 and his J.D. from the University of Virginia School of Law in 1976. He is known to speak in a plain, direct, and somewhat unconventional manner, known by many as “Rossiferous,” a term coined by his wife, who is also a lawyer.

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