Guardians ad Litem in Contested Guardianship and Conservatorship Cases

MCLE Credits: 3.0
Ethics Credits Included: 1.0

Tuesday, June 13, 10:00 a.m.–1:15 p.m. ET
Learn more about Virginia CLE webcast format
Learn more about Virginia CLE telephone format
Tuesday, August 22, 1:00–4:15 p.m. ET
  • Webcast with Live Q&A
  • Telephone with Live Q&A
MCLE Credit: 3.0 (Ethics: 1.0) Pending
Live-Interactive Credit: 3.0 (all dates, all formats) Pending Live Interactive MCLE Credit Symbol
Designation Credit: 1.0 Ethics
(Designations Information)
GAL for Incapacitated
Persons CE Credit
:
3.0 (GAL Information)
Registration Fees: Live on Site: $199 regular registration (lunch provided)
Live on Site: $179 discounted registration for
VAELA members (lunch provided)

Webcast: $199 regular registration
Webcast: $179 discounted registration for
VAELA members

Telephone: $219 regular registration
Telephone: $199 discounted registration for
VAELA members

Information

Why Attend?

  • Compare representing the interests of the respondent as a GAL to serving as the respondent’s attorney
  • Ask a judges panel about the challenges they often see in guardianship cases
  • Explore when a GAL should request that independent counsel be appointed for a respondent
  • Discuss techniques that GALs use to communicate effectively with persons with diminished capacity
  • Review how the rules of professional conduct concerning communicating with represented and unrepresented persons affect the GAL’s investigation of the guardianship petition

Cosponsored with the Virginia Academy of Elder Law Attorneys (VAELA)

Guardianship cases are becoming more contentious and contested cases have become more frequent in recent years, leaving GALs wondering what role they play in such litigation. GALs encounter numerous ethical issues in their role as the “eyes and ears” of the Court. Guardians ad litem must be aware of potential conflicts of interest and be able to maintain professional objectivity, particularly in contested cases, which usually are emotionally charged. We will discuss the statutory changes as they apply in contested guardianship cases as well as some useful techniques.

ATTENDING IN PERSON ON JUNE 13?

The Bobzien-Gaither Education Center in Richmond/Innsbrook is our new state-of-the-art facility designed with your safety in mind. It features a Centurion air filtration system, which quickly and effectively eliminates viruses and bacteria. Additionally, the facility is thoroughly cleaned before each seminar, and face masks and hand sanitizer will be available.

COVID-19 POLICY FOR LIVE-ON-SITE ATTENDANCE

By attending a live-on-site Virginia CLE® seminar, you acknowledge the health risks associated with COVID-19 and that you MUST follow all Virginia CLE® COVID-19 policies. You may NOT attend a live-on-site program if you have tested positive for COVID-19, if you are experiencing COVID-19 symptoms, or if you are under any self-quarantine orders per CDC guidelines.

 

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Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar
Live on Site: Online registration ends at 11:59 p.m. the day preceding the seminar
Walk-in registration is permitted on a space-available basis

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.


Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
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Schedule

COURSE SCHEDULE (June 13) (Eastern Time)

10:00 Legal Duties of the GAL in Contested Guardianship Cases
Presenters: Virginia C. Haizlip, Beth A. Norton


In this session the speakers will discuss the statutory duties of the GAL, including the relatively new statutory changes as they apply in contested guardianship cases.

11:00 Break
11:05 Ethics: “What the Heck Have I Got Myself Into?”
Presenters: Samantha S. Fredieu, Lelia Winget-Hernandez


This session will review statutory requirements of GALs and guardianship proceedings, relevant LEOs (LEO 1890 Communications with Represented Persons (Compendium Opinion)), and the National Academy of Elder Law Attorneys’ Aspirational Standards for the Practice of Elder Law and Special Needs Law, including Virginia Code Sections 64.2-2003, 64.2-2006, and 8.01-9 along with Virginia Rules of Professional Conduct Rules 1.1 (Competence), 1.7 (Conflicts of Interest), 4.2 (Communications with Persons Represented by Counsel), and 4.3 (Dealing with Unrepresented Persons).

12:05 Break
12:15 Q&A Judges Panel
Moderators: Cary Z. Cucinelli, Valerie B. Geiger, Neal L. Walters
Judges Panel: Hon. Mary Jane Hall, Hon. Paul A. Dryer, Hon. Tania M. L. Saylor


In this session attendees will have an opportunity to ask questions to the judges about the challenges they see in contested guardianship and conservatorship cases.

1:15 Adjourn
  • Sign-in for live seminar attendees in Richmond on June 13 begins at 9:30 a.m. Lunch will be provided to attendees at the conclusion of the seminar.
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

COURSE SCHEDULE (August 22) (Eastern Time)

1:00 Legal Duties of the GAL in Contested Guardianship Cases
Presenters: Virginia C. Haizlip, Beth A. Norton


In this session the speakers will discuss the statutory duties of the GAL, including the relatively new statutory changes as they apply in contested guardianship cases.

2:00 Break
2:05 Ethics: “What the Heck Have I Got Myself Into?”
Presenters: Samantha S. Fredieu, Lelia Winget-Hernandez


This session will review statutory requirements of GALs and guardianship proceedings, relevant LEOs (LEO 1890 Communications with Represented Persons (Compendium Opinion)), and the National Academy of Elder Law Attorneys’ Aspirational Standards for the Practice of Elder Law and Special Needs Law, including Virginia Code Sections 64.2-2003, 64.2-2006, and 8.01-9 along with Virginia Rules of Professional Conduct Rules 1.1 (Competence), 1.7 (Conflicts of Interest), 4.2 (Communications with Persons Represented by Counsel), and 4.3 (Dealing with Unrepresented Persons).

3:05 Break
3:15 Q&A Judges Panel
Moderators: Cary Z. Cucinelli, Valerie B. Geiger, Neal L. Walters
Judges Panel: Hon. Mary Jane Hall, Hon. Paul A. Dryer, Hon. Tania M. L. Saylor


In this session attendees will have an opportunity to ask questions to the judges about the challenges they see in contested guardianship and conservatorship cases.

4:15 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

FACULTY

Hon. Paul A. Dryer, Judge, City of Waynesboro Circuit Court / Waynesboro
Hon. Mary Jane Hall, Norfolk Circuit Court / Norfolk
Hon. Tania M.L. Saylor, Fairfax Circuit Court / Fairfax
Samantha S. Fredieu, Hale Ball / Fairfax
Virginia C. Haizlip, McCandlish Lillard / Fairfax
Beth Norton, Norton Health Law, PC / Charlottesville
Lelia Winget-Hernandez, Commonwealth Life & Legacy Counsel, a Winget-Hernandez PC Company / Troy

MODERATORS

Cary Z. Cucinelli, Cucinelli Geiger, PC / Fairfax
Valerie B. Geiger, Cucinelli Geiger, PC / Fairfax
Neal L. Walters, Scott | Kroner, PLC / Charlottesville

Locations, Dates and Fees

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