Guardianships and conservatorships : updated forms and procedures : course materials from the October 24, 2014 program in Portland

by Oregon Law Institute

CLE Materials, c2014

Status

Available

Call number

KFO2506 .G82

LCC

KFO2506 .G82

Barcode

2000000263

Publication

Portland, OR : Oregon Law Institute of Lewis & Clark Law School.

Physical description

(various paginings) p.; 28 cm

Local notes

Guardianships and conservatorships : updated forms and procedures contents: Ch. 1 - Guardianship Basics by Julie Meyer Rowett. Section I - General background: guardianships and less restrictive alternatives. Section II - The intake process and case evaluation. Section III - Court filings, service and notices. Section IV - Contested case hearings. Section V - The powers and duties of a guardian. Section VI - Issues related to minors and sample forms. Ch. 2 - Conservatorships by Don B. Dickman and Lisa N. Bertalan. Section I - Background about probate jurisdiction and the probate court. Section II - Pre-petition. Section III - Initiating the protective proceeding. Section IV - Managing the estate and actions requiring court approval. Section V - Claims. Section VI - Accountings. Section VII - Terminating and closing. Section VIII - Temporary fiduciaries and protective orders and sample forms. Ch. 3 - Professional fiduciaries by Jacob Lingo, Tim McNeil, Gary L. Vigna and Mark M. Williams. Part A: Representing professional fiduciaries by Timothy M. McNeil. Section I - Core principles of representing professional fiduciaries. Section II - Cases made for professional fiduciaries. Section III - Pre-appointment issues. Section IV - Post-appointment issues. Section V - Boundaries: dividing the labor. Part B: Dealing with change of ownership at a fiduciary firm, or sale by individual by Gary L. Vigna. Includes sample forms and exhibits. Part C: New certification requirements including attachments by Jacob M. Lingo. Part D: Oregon's new public guardian statute by Mark M. Williams. Ch. 4 - Getting paid: the rules have changed (or have they?) by Matthew Whitman. Section I - The rules have changed. Section II - What changed and why? Section III - What stays the same? Section IV - What are the standards for fiduciary compensation? Section V - What are the standards for attorney fee awards? Section VI - What is the required procedure? Includes attachments and sample affidavit form. Ch. 5 - Capacity evaluation: a view from the examiner's seat by Amy S. Friday and Stephen R. Owen. Part A: Court ordered ORCP 44 exams in protected proceedings by Stephen R. Owen. Section I - ORCP 44 and sample form. Part B: Capacity evaluation: a view from the examiner's seat by Amy S. Friday. Section I - Bridging the gap. Section II - Clarifying the question and roles. Section III - The general exam process. Section IV - Understanding results. Section V - Clinical capacity opinion versus legal capacity decision. Section VI - ORCP 44 ordered exams: to be covered by Mr. Stephen Owen. Section VII - Readying your witness. Ch. 6 - Paperless practice goes mainstream: issues for e-Filers in guardianships and conservatorships by Orin R. Onken. Section I - Preparing your office for e-filing. Section II - Preparing a document for e-filing. Section III - Filing procedure in protective proceedings. Section IV - What happens after you file. Ch. 7 - The LGBT experiences of aging by Joyce M. Sjoberg. Section I - Glossary of LGBT - related terms. Section II - Transgender clients. CLE credits expire October 24, 2017.

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