Representing a Person with a Guardian
Source: National Center on Law and Elder Abuse
Published: 2020
Summary:
Attorneys, including legal services attorneys should be open to representing individuals under guardianship. When representing a person with a guardian, an attorney may need to take extra steps to ensure their client has the right to counsel of their choice and be a strong advocate to ensure the proceedings are treated with dignity and the client’s due process rights are upheld. By using procedural and evidentiary tools—including alternatives to guardianship—advocates can increase clients’ independence and autonomy and restore their civil rights.
In this training, presenters will share:
• Considerations for representing a legally incapacitated client;
• Strategies for advocating for clients’ rights;
• Standards and burdens for modifying or terminating guardianship; and
• Requesting reasonable accommodations.
Presenters:
• David Godfrey, Senior Attorney, ABA Commission on Law and Aging
• Emily Miller, Managing Attorney, Michigan Crime Victim Legal Assistance Project – Elder Justice Initiative, Michigan Poverty Law Program
• Nicole Shannon, Systemic Advocacy Attorney, Michigan Elder Justice Initiative
Link: Representing a Person with a Guardian
Topics: Caregiving, Cognition/Capacity, Legal
Access: Web-based
Intended Use: Self-directed Learning
Audience: Caregivers, Legal/Law Enforcement, Social Services
Level: Basic, Intermediate
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