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Litigating Guardianship Actions with High Functioning Respondents

Streams live on Tuesday, December 22, 2020 at 02:00pm EST

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Course Information

Time 60 Minutes
Difficulty Advanced

Course Description

Contested guardianships by their nature are difficult from both a legal and emotional standpoint. Guardianships become even more complicated when there is a “high functioning” respondent, regardless of whom you represent. In these types of cases, attorneys are likely dealing with someone who, while diminished in capacity in some respects, also has moments of clarity, where they know and understand that their rights are being taken away and their lives forever changed. Advocates need to be specially tuned in to the difficulties and challenges associated with cases involving a “high functioning” respondent, as the usual rules and traditional notions are not going to work. This program will arm attorneys with the knowledge, creativity, and confidence they need to successfully and effectively navigate these circumstances. This course will explore tactics to employ, regardless of who you represent. This program will benefit anyone that practices in the ever-growing and evolving field of guardianships. 



Learning Objectives:

  1. Discuss why the usual rules and normal procedures employed in guardianship actions will not work when there is a “high functioning” respondent
  2. Employ creative solutions when there is a “high functioning” respondent
  3. Identify the pitfalls, tips, and tricks of the trade when faced with a guardianship case involving a “high functioning” respondent

Credit Information

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Faculty

Lisa Campo

Hale Ball

Attorney Lisa M. Campo is an associate at Hale Ball. Ms. Campo has been with the firm since 2007 as a legal assistant before attending law school and as a law clerk during law school working primarily during her breaks from school. Ms. Campo graduated from University of Baltimore School of Law in Baltimore, Maryland. During law school, Ms. Campo was a member of the Robert F. Wagner National Labor & Employment Law Moot Court team and competed in the national competition held at New York Law School. Ms. Campo has special interest in Wills, Trust and Estate litigation and civil litigation.



Kimberley Murphy

Hale Ball

Kimberley Ann Murphy, Esq., has been a partner and principal attorney of the law firm of Hale Ball Carlson Baumgartner Murphy, PLC, in Fairfax, Virginia, since 2005. She had been an Associate with the firm since being admitted to the Virginia State Bar in October 2000. Attorney Murphy concentrates her practice in the areas of Administrative Law (professional license compliance), Estates and Trusts (administration and litigation) and Business/Civil litigation). She has appeared on numerous occasions before many circuit courts throughout the Commonwealth, in addition to the Court of Appeals of Virginia and the Supreme Court of Virginia, as well as the Virginia Department of Health Professions and Department of Alcoholic Beverage Control. In 2007, Attorney Murphy was admitted to practice before the Supreme Court of the United States.

Attorney Kimberley Murphy has published an article with the Virginia Bar Association's Wills, Trusts & Estates section as well as presented a seminar for funeral professionals for the International Order of the Golden Rule. She has presented CLE's for the Fairfax Bar Association and National Business Institute. She was named to Best Lawyers in America for 2014 for Trusts and Estates – Litigation, and for 2015 for Trusts and Estates and Trusts and Estates – Litigation. She attained an AV-rated peer review in 2014, and has been named to Super Lawyers since 2007.