On Demand

Litigating Guardianship Actions with High Functioning Respondents


Created on December 22, 2020





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

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