Representation of Incapacitated Persons as a Guardian Ad Litem—2023 Qualifying Course

MCLE Credits: 6.0
Ethics Credits Included: 1.0

Wednesday, November 8, 9:00 a.m.–4:05 p.m. ET
  • Live Webcast
  • Live Telephone
  • Live on Site at the Virginia CLE Building
    105 Whitewood Road (Charlottesville)
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MCLE Credit: 6.0 (Ethics: 1.0)
Live-Interactive Credit: 6.0 (all formats)Live Interactive MCLE Credit Symbol
Designation Credit: 1.0 Ethics
(Designations Information)
GAL for Incapacitated
Persons CE Credit
:
6.0 (GAL Information)
Registration Fees: Live on Site: $299
Webcast: $299
Telephone: $319

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.

In proceedings where a guardian 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.

This course provides procedural and practical information for litigators, trust and estate lawyers, and elder law practitioners involved in proceedings with GALs appointed to represent incapacitated persons.

The 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 or conservator is needed?
  • Are there alternatives to the appointment of a guardian/conservator?
  • What are the duties of the guardian and conservator?
  • What ethical rules apply to you as a 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 this website: http://www.courts.state.va.us.

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.

Complimentary Lunch

A complimentary lunch will be provided to those attending in person in Charlottesville.

 

Discounts available for Virginia CLE webcast-telephone-live seminars Follow link to learn about the Virginia CLE Online+ Bundle with savings up to 50% Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about discount for New Virginia Lawyers (first 3 years) Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

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 $90 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.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE (November 8) (Eastern Time)

9:00 Introduction and Brief Overview
9:05 Appointment Process
Neal Walters
  • Definitions
  • Evaluation report
  • Petition
  • Notice
  • Appointment of the Guardian Ad Litem
  • Hearing
  • Order
10:00 Break
10:10 Role of the Guardian Ad Litem for Adults and of Counsel for Respondent
Jean Galloway 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’s role in drafting the orders
11:40 Requirements to Become a Guardian Ad Litem for Incapacitated Adults
Beth M. Coyne
  • Initial qualification and training
  • Recurrent training
12:05 Lunch (provided at live-on-site seminar)
12:50 Adult Guardianship Alternatives
Neal Walters
  • 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
Beth A. Norton
  • Qualification
  • Duties and powers
  • Annual reports
  • Revocation or modification of appointment
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 client confidences and when?
  • The lawyer’s role in the guardianship proceedings
4:05 Adjourn
  • Sign-in for live seminar attendees in Charlottesville begins at 8:30 a.m.
  • 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

Jean Galloway Ball, Hale Ball Murphy, PLC / Fairfax
Beth M. Coyne, Court Improvement Program, Office of the Executive Secretary, Supreme Court of Virginia / Richmond
Angela Morehouse, The Irving Law Firm, PC / Manassas
Kimberley Ann Murphy, Hale Ball Murphy, PLC / Fairfax
Beth A. Norton, Norton Health Law / Charlottesville
Frank A. Thomas III, Frank A. Thomas, III PLC / Orange
Neal Walters, Scott | Kroner / Charlottesville

Locations, Dates and Fees

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