An Overview of Guardianship In New York

(151 Ratings)

Produced on: April 04, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 78 minutes
Difficulty Beginner

In the field of elder law, we strive as practitioners to encourage our clients to execute advance-planning documents necessary to appoint trusted persons to act as fiduciaries in the event that our clients become incapacitated. But there is nonetheless a growing population of persons who, through a catastrophic event or through an age-related cognitive decline, have become too incapacitated to make decisions for themselves and have not appointed anyone to act on their behalf, or have appointed someone who is abusing their role.

This program, led by attorneys Fern Finkel and Julie Stoil Fernandez, is designed to teach practitioners interested in elder law and special needs law the essential tools to determine whether to commence a guardianship proceeding. They will also address the nuances and complexities of guardianship litigation, especially contested cases, and effective tools for addressing emergencies which arise during the litigation, such as placement, financing care and enjoining suspected predators from further abuses. 


Learning Objectives: 
  1. Identify situations warranting a guardianship proceeding
  2. Understand the types of relief available to an alleged incapacitated person during and at the conclusion of litigation
  3. Recognize the steps of guardianship litigation from inception to post-judgment


Faculty

Julie Stoil Fernandez

Finkel & Fernandez, LLP

Julie Stoil Fernandez is a partner at the law firm of Finkel & Fernandez, LLP, located in downtown Brooklyn. She has specialized in elder law, guardianship and mental health advocacy since 2000.

An experienced litigator, Ms. Stoil Fernandez represents clients in both contested and non- contested guardianship proceedings and mental health hearings throughout New York City, Westchester and Nassau Counties.

Ms. Stoil Fernandez’ practice also includes estate planning, asset protection planning, probate and administration of estates and mediation for families in crisis over elder law matters.

Prior to starting a solo practice in 2000, Ms. Stoil Fernandez was a staff attorney at Mental Hygiene Legal Service, Appellate Division, First Judicial Department, where she litigated hundreds of cases on behalf of patients in both public and private psychiatric facilities in matters involving involuntary care and treatment and class actions concerning the quality of care in state hospitals. Her work included representing persons adjudicated not guilty by reason of mental disease and persons deemed incapacitated to stand trial for criminal proceedings. Before law school, Ms. Stoil Fernandez was a counselor in various homeless shelters in Boston, Massachusetts, culminating in her position as Director of a 500-bed emergency crisis shelter for homeless men.

Ms. Stoil Fernandez received her Bachelor of Arts from Hampshire College in Amherst, Massachusetts. She received her Juris Doctor Degree from Northeastern University Law School and was admitted to the Bar of the State of New York in November, 1993. Ms. Stoil Fernandez is certified in family, divorce and elder law mediation. 

Since 2000, Ms. Stoil Fernandez has been a member of the New York State Office of Court Administration’s panel of qualified experts to serve by court appointment as Court Evaluator, Counsel and/or Guardian of person and property. She is also a member of the 18B Panel of appointees for indigent defendants and is Of Counsel to Ronald Fatoullah & Associates, LLC, NYC Health & Hospitals Corporation and Jamaica Hospital Medical Center.

Ms. Stoil Fernandez is a Vice Chair to the New York State Bar Association’s Elder Law Section Subcommittee on Elder Abuse and is a member of the Subcommittee on Mediation. She is also a member of the National Association of Elder Law Attorneys (NAELA), the New York City Bar Association and the Brooklyn Bar Association. She lectures on topics ranging from advance directives to Medicaid eligibility. She presently serves as a mentor attorney for the New York State Bar Association’s Elder Law Mentorship Program and for the New York Law School Elder Law Clinic.


Fern Finkel

Finkel & Fernandez, LLP

Reviews

ZT
Zenali T.

Presenters were excellent. Thoroughly enjoyed the informative discourse.

SF
Sheldon F.

Very Informative on the topic

GP
Gregory P.

Thank you.

MR
Marc R.

Great introductory program

MK
Matthew K.

Superb. Enlightening, practical, and clear, on an important topic. Thank you.

JF
Janet P. F.

Very caring attorneys.

CW
carolyn w.

Two great presenters who demonstrated solid knowledge and articulated a summary of key considerations. Thank you!

LF
Laury F.

Good introduction to the subject. Very clear presentation.

AD
Ariel D.

Superlative presentation.

Load More

$89

$ 89 Wills, Trusts, & Estates In Stock

Accreditation

Get Unlimited Access to Lawline Courses

Unlimited CLE Subscription gives you access to take almost any course from our catalog and earn as much CLE credit as you need.