Representing the Respondent: 2019 Changes to Guardianships and Protective Proceedings Under Article Five of the SC Probate Code Out of Stock
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About the Seminar
The South Carolina Bar CLE Division, the South Carolina Bar Elder Law Committee, Protection & Advocacy for People with Disabilities, Inc., and the South Carolina Developmental Disabilities Council are proud to present an important two-day conference entitled Preparing for 2019: Changes to Guardianships and Protective Proceedings Under the New Article 5 of the Probate Code.
Course Planners Andy Atkins and Sarah St. Onge have designed this powerful program as a two-day event that will bring state and national leaders together for an in-depth discussion and analysis of the new Article 5 of the Probate Code, which goes into effect on January 1, 2019. The goal is to help the various stake-holders such as guardians, attorneys, examiners, and the Probate Court better understand their roles and work together to more effectively serve some of our State's most vulnerable citizens. Our distinguished faculty includes leading elder law attorneys, Probate Judges, and doctors, as well as nationally-recognized speaker Jonathan Martinis, Senior Director for Law and Policy at The Burton Blatt Institute at Syracuse University. Many of our faculty members were involved in the drafting of Article 5 and updating the Probate Court guardianship and conservatorship forms.
The ethics segment on Day 2 is to cover the ethical implications in representing and individual with a disability, including an individual who may have limited capacity. Representing the wishes of a person who is alleged to be incapacitated will present new challenges which are distinct from serving as a guardian ad litem in protective proceedings. Under Rule 1.14, S.C. Rules of Prof. Conduct, the attorney is to maintain as normal a relationship with the client who may have some degree of incapacity. This ethics segment will explore how the attorney/client relationship can be established and maintained, including using technology for effective communication with the client and by making accommodations for the client's disabilities; how to establish the goals of the representation when the client may be vulnerable and not have a lot of experience exercising choice; and how to use various tools, like the ABA's PRACTICAL Tool, to problem solve and meet the client's desires for the outcome of the litigation.
If you are an attorney, lay guardian ad litem or a Probate Judge who represents elders or other vulnerable adults, this is a program you should plan to view!
Seminar Agenda
Welcome and Introduction
The ABC's of Defending a Guardianship Action or Protective Proceeding
Sarah St. Onge, Esq. - Protection and Advocacy for People with Disabilities, Inc.
Jonathan Martinis - Senior Director for Law and Policy at The Burton Blatt Institute at Syracuse University
Introduction to Less Restrictive Alternatives to Guardianship
Michael J. Polk, Esq. - Belser & Belser, PA
Charlie Walters, Director - Transition Programs at Able South Carolina
Carol Page, Director - South Carolina Assistive Technology Program and the Center for Disability Resources
Involuntary/Surrogate Alternatives - AHCCA/ASWDERCA/Rep Payee
Sarah St. Onge - Protection and Advocacy for People with Disabilities, Inc.
The Hon. Heather Galvin - Associate Judge, Beaufort County
Video & Questions - Able SC
Panel Discussion and Questions for all Speakers
Sarah St. Onge - Protection and Advocacy for People with Disabilities, Inc.
Jonathan Martinis - Senior Director for Law and Policy at The Burton Blatt Institute at Syracuse University
Mike Polk - Belser & Belser, PA
Charlie Walters, Director - Transition Programs at Able South Carolina
Carol Page, Director - South Carolina Assistive Technology Program and the Center for Disability Resources
The Hon. Heather J. Galvin - Beaufort County Judge
Panel Discussion on Voting and Guardianship
Kathleen A. Warthen - Protection & Advocacy for People with Disabilities
The Hon. Heather J. Galvin - Beaufort County
M. Leigh Flynn - Law Office of Leigh Flynn, LLC
Ethical implications in representing an individual with a disability
Jonathan Martinis - Senior Director for Law and Policy at The Burton Blatt Institute at Syracuse University
Creative ways to comply with the Americans with Disabilities Act (ADA)
Amanda C. Hess - Protection & Advocacy for People with Disabilities
Abuse, Neglect and Exploitation - What to do when you learn the worst?
Anna Maria Darwin - Protection & Advocacy for People with Disabilities
Why Defend Against Guardianship and Protective Orders
Jonathan Martinis - Senior Director for Law and Policy at The Burton Blatt Institute at Syracuse University
This seminar qualifies for 6.0 MCLE credit hours.
This is an Intermediate Level Program.
Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2022, please use this course code: 223123ADO.
Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2023, please use this course code: 231584ADO.
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The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.
Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees. The South Carolina Bar believes that all Bar members have the right to both meaningful learning and to the exchange of ideas in a civil environment. The Bar reserves the right to remove or exclude any person from a Bar event if that person is causing inappropriate disturbance, behaving in a manner inconsistent with accepted standards of decorum, or in any way preventing fellow Bar members from meaningful participation and learning.
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