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
Trial Practice
Hon. John J. McNally, Thomas J. Dempsey, Esq., & Kendra McGuire, Esq.
The Trial Practice session will address the presentation of one’s case in guardianship proceedings. Topics will include burdens of proof, special issues involving fact and expert witnesses as well as the alleged incapacitated person, and evidence related to scope of relief (including less restrictive alternatives) and guardian qualifications.
Recorded in September 2024.
Faculty
Judge John J. McNally III
Judge McNally was elected to the Court of Common Pleas of Dauphin County on November 7, 2017, and serves in the Family Law Division. He also serves as an Orphans’ Court Judge, presiding over Guardianship matters, and is honored that Dauphin County was selected to implement the OEJC Legal Services Organization Pilot Project. . Since 2022, Judge McNally has served on the Orphans’ Court Procedural Rules Committee. Prior to his public service, he practiced civil litigation since 1988 and was accredited by the Veterans’ Administration to represent Veterans pursuing benefits available to them. Judge McNally served as President of the Dauphin County Bar Association (2003) and as Commissioner on the Pennsylvania Gaming Control Board (2013-2015). Judge McNally is a graduate of Central Dauphin High School and earned his B.S. degree from Penn State University in 1984 and his J.D. degree from Dickinson School of Law in 1988. John is the proud father of three children and enjoys active participation in their many activities and endeavors
Kendra D. McGuire, Esq.
Kendra is a fiduciary litigation attorney who focuses her practice on resolving complex legal issues involving trusts, estates, powers of attorney and guardianships. She primarily represents fiduciaries, including individuals and professional fiduciaries such as banks and trust companies and has more than 35 years of experience helping her clients manage fiduciary risks, interpret trust documents, and handle legal matters related to trusts and estates in Pennsylvania courts. Kendra currently serves as the Chair of the State Orphans’ Court Rules Committee and is a court appointed member of both the Pennsylvania Supreme Court’s Advisory Council on Elder Justice in the Courts as well as the Joint State Commission Advisory Council on Decedents’ Estates. Kendra is active with the Lancaster Bar Association as the past-Chair of Law Review Committee and Nominating Committee and is a past Member of Judiciary Committee and Board of Directors. She has also served on the Lancaster County Orphans’ Court Rules Committee. She has been recognized by Best Lawyers® for 10 consecutive years for her work in Commercial Litigation and Litigation – Trusts and Estates and was designated Lawyer of the Year – Fiduciary Litigation in 2017 and 2023. She is also recognized as a Super Lawyer® and has been rated AV Preeminent by Martindale Hubbell for 10 consecutive years. She has been recognized by the Central Penn Business Journal as a Woman of Influence and has been designated as a top attorney by Philadelphia Magazine. Passionate about her community, Kendra has served on several boards and is currently on the Executive Committee of the Economic Development Corporation of Lancaster, where she also serves as the Chair of the Diversity, Equity and Inclusion Committee. Kendra received her J.D. from the University of Pittsburgh School of Law and her B.A. from Franklin & Marshall College.
Thomas J. Dempsey, Jr., Esq.
Mr. Dempsey is a Partner with the firm of Jones, Gregg, Creehan & Gerace, LLP in Pittsburgh. He graduated from the Duquesne University School of Law in 1987 and is a member of the Allegheny County and Pennsylvania Bar Associations. Mr. Dempsey’s practice is focused on litigation and appellate practice in the Orphans’ Court Division of Allegheny County and surrounding counties in the fields including guardianship, fiduciary defense and prosecution, and probate litigation. He is one of the founding members of the Allegheny County Bar Association Elder Law Committee. He is also a member of the Allegheny County Bar Association Probate and Trust Section Council. Mr. Dempsey regularly presents educational seminars on behalf of the Pennsylvania Bar Institute. He was recently appointed to a six-year term on the Supreme Court’s Appellate Court Procedural Rules Committee.
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