On Demand

Exploring Ethics in Adult Guardianship Matters in New York


Created on December 14, 2021





The guardianship community as a whole is tasked with protecting our most vulnerable citizens, ensuring they are treated with the most dignity possible, and defending their interests to make sure they are not exploited. This course, presented by Alison Arden Besunder of Goetz Fitzpatrick LLP, is designed to lay out best practices in adult guardianship law pursuant to Mental Hygiene Law Article 81. 

The course will address key ethical questions which can arise during guardianship proceedings, the applicable laws, and how to navigate issues that, in cases of guardianship, are often emotionally charged. The content will benefit New York practitioners of Guardianship, Family, and Trust & Estates Law.

Learning Objectives: 

  1. Identify who may file a petition to determine incapacity

  2. Ascertain where the burden of proof lies

  3. Review key components of Mental Hygiene Law Article 81

  4. Recognize what constitutes a conflict of interest

  5. Discuss best practices of how to represent an AIP and involve them in decisions to the greatest extent possible

  6. Gather tips on maintaining civility in custody proceedings

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