What Will You Learn at NGA’s Colloquium?

Voting Rights for Incapacitated Persons

Could, should, would your ward vote? A national symposium on voting and cognitive impairments and a federal case on voting rights for wards have caused a closer look at how to make the voting booth available to all who can and want to vote. This session will:

• Encourage guardians to protect the right of their wards to vote.

• Review current status of state and federal laws, and the division of opinion among two federal circuit courts of appeal.

• Raise awareness of need to retain right to vote and limit deprivation of rights.

• Identify solutions to denials of ward's rights: how to register to vote, when to fight and what to do on Election Day.

Interstate Guardianship & Due Process Rights of Wards

Guardianship issues frequently reach beyond the local court into other states. Confusion reigns when deciding where to file pleadings, whether your authority will be recognized, and how to move your case elsewhere. Both from involvement in cases where such questions have arisen and from participation in drafting of the Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act, our experts will cover details of handling of such issues by

• Reviewing current status of state case law & statutes, emphasizing actual controversies handled by presenters

• Comparing current law with recently completed Uniform Adult Guardianship & Protective Proceedings Jurisdiction Act

• Discussing recommendations of the National College of Probate Judges

• Providing recommendations for handling inter-jurisdictional guardianship conflicts

Keynote Presentation: Rights of Wards

Our distinguished keynote speaker has been lead attorney in litigation to protect the rights of wards and has been called as an expert witness on these issues before the U.S. Senate Committee on Aging. He has had an impact on national legislation and the cases he will review have changed judicial practice and state regulations. His vision and experience provide a broad overview on rights issues.

Reproductive Rights for Incapacitated Persons

This session will explore issues faced by guardians relating to reproductive health care for wards with the objectives:

• To educate guardians about issues and laws relating to reproductive health care of wards.

• Identify issues relating to birth control, abortion and sterilization in the guardianship context.

• Examine issues relating to consent.

• Make recommendations on how to respond to the issues.

Confidentiality Issues and Ward Rights

What liability exists for breaching a ward's confidentiality? Can a guardian or surrogate be held liable for such a breach? What can a guardian or surrogate do to protect a ward or client's rights to privacy, confidentiality in mental health records and bodily integrity?

• Review Illinois and federal confidentiality requirements that impact on adult guardianship practice

• Identify practice areas (civil commitment, forced mental health treatment, sexual activity, physically dangerous wards and clients) in which guardians and attorneys must be aware of potential legal liability

Using Volunteers to Safeguard Ward Rights

Each panelist, representing an active program where trained community volunteers are used to help protect ward rights, will give a brief description of her program addressing basic issues such as: how it was created and funded; role of volunteers; recruitment, screening and training; authority afforded volunteers, size of program, number served, disability types, etc. In an exercise to demonstrate the various philosophies among the programs, each panelist will then answer a series of prepared questions such as: In what ways do volunteers help safeguard the rights of wards? What is needed in order to begin a volunteer guardianship program? How do you retain volunteers? Where do you see volunteer guardianship programs in ten years? How has enlisting volunteers improved the lives of wards? How has it improved the life of the volunteer?