This program is eligible for 1 hour of CLE credit in 60-minute states. In 50-minute states, this program is eligible for 1.2 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
Overview
Evaluating Capacity: Is a Guardianship the Least Restrictive Alternative?
Lindsey Conan, Esq. & Nicole LaBletta, Esq.
As required by statute and as averred in every guardianship petition, the non-existence of lesser restrictive alternatives must be demonstrated before the Court will appoint a guardian over a person of diminished capacity. As practitioners, we know that diminished capacity does not mean the lack of capacity to execute estate planning documents in all cases. When the attorney is contacted by a potential client seeking guardianship over another person, it is important for the attorney to ask questions concerning the level of capacity of the person over whom the guardianship is being sought. This course will examine the steps an attorney should undertake from the moment of the initial contact by the potential client seeking to be appointed guardian through the resolution of the matter while examining relevant statutes and offering various sample guardianship decrees.
Recorded in September 2024.
Faculty
Nicole Labletta, Esq.
Nicole B. LaBletta is licensed in the Commonwealth of Pennsylvania, the State of New York and the State of New Jersey and practices Estate Planning and Litigation. Ms. LaBletta has more than 17 years of legal experience and is affiliated with the following organizations: Montgomery County Bar Association, Pennsylvania Bar Association (Real Property, Probate, and Trust Law Section), Montgomery County Estate Planning Council, Philadelphia Estate Planning Council. Ms. LaBletta is a graduate of Fordham University Law School, New York, NY (2001), and received a Bachelor of Arts in Classics, Magna Cum Laude, at the College of the Holy Cross, Worcester, MA (1998).In her spare time, Ms. LaBletta enjoys spending time with friends and family and giving back to her community.
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