Topic Details


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Title & Speakers

Objectives

Content

Voting Rights for Incapacitated Persons

Samuel R. Bagenstos, JD
Anthony E. Rothert, JD

 

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.
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.
Interstate Guardianship and the Due  Process Rights of Wards

Terry W. Hammond, JD, RG
Sally B. Hurme, JD
Anthony E. Rothert, JD
 

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

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

Discuss recommendations of National Conference of Probate Judges

Provide recommendations for handling inter-jurisdictional guardianship conflicts
 
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, these experts will cover details of handling of such issues.
Luncheon Presentation:
Guardianships and the Rich and Famous

Terry W. Hammond, JD, RG
 

To give a historical perspective on Rights of Wards by reviewing cases that have gained prominence because they involved high profile individuals. Among the historical footnotes are many stories of prominent individuals who have ultimately come under the care of a guardian. By reviewing the story of someone like Mary Todd Lincoln, we gain a better understanding of how current law and procedures have evolved.
Keynote Presentation:
Rights of Wards

Ira Salzman, Esq.
 

 

To illuminate the broad range of issues surrounding the rights of wards.

Examine how actual cases have affected the public and guardianship view of the ward.

To increase awareness of the variety ways a guardian must be alert when making decisions that might limit a ward’s rights

This 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

Benjamin S. Wolf, JD
Lorie A. Chaiten, JD
 

To educate guardians about issues and laws relating to reproductive healthcare 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.
This session will explore issues faced by guardians relating to the reproductive healthcare for wards.
Confidentiality Issues and Ward Rights

Sandra Kopels, JD, MSW
 

 

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
 
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

Facilitator:
Gina Rossi, RD

Panelists:
Barbara Matlak, RG
Becky Pryor, MSN, MA, RG
Jean Krahn, MG
Colleen Colton, MG
 
To suggest ways to expand protections for wards through the use of trained community volunteers

To explore various options for offering volunteer based programs

To offer specifics on creating and implementing a volunteer based program
 
Each panelist represents an active program where trained community volunteers are used to help protect ward rights. Panelists will give a brief description of the program with which she is affiliated 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.

To demonstrate the various philosophies among the programs, each panelist will also 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?

The session will then be opened to questions from the floor.