On-Demand Video

When is Enough Really “Enough?” – Determining Capacity (2023 Guardianship and POA Conference Session)

  • City:
  • Start Date:2023-09-12 20:00:00
  • End Date:2025-09-12 20:00:00
  • Length:
  • Level:Various
  • Topics:Elder Law

$79.00 ["ProPass"]

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This seminar will explore some of the ethical considerations which arise when an attorney is asked to draft documents for elders.  It will involve an attorney’s responsibilities both before and at the time of signing of documents, including topics such as how to deal with involved family members, how to distill what agendas those family members may have, and what steps to take when there is a suspicion that an elder may lack full capacity.  

Recorded at the Guardianship and POA Conference in September 2023.


Diane Zabowski Esq.

Ms. Zabowski is a partner in the Trusts and Estates Department of Obermayer Rebmann Maxwell & Hippel LLP in their Conshohocken office. She received her B.A. degree, magna cum laude, from King’s College in 1980 and her J.D. degree in 1983 from Emory University School of Law, where she was admitted to the Order of Barristers. Ms. Zabowski concentrates her legal practice in orphans’ court litigation, estate planning and administration. She is frequently appointed to represent alleged incapacitated persons. 

Nicole Sestito PhD

Dr. Sestito is a board-certified clinical neuropsychologist and licensed to practice in Pennsylvania. She completed her undergraduate degree in psychology at Temple University. It was there that she was first exposed to the relationship between the brain and behavior and began working in a cognitive neuroscience lab. After working as a research coordinator and psychometrician in an older adult population, Dr. Sestito earned her doctorate in clinical psychology from Drexel University with a concentration in clinical neuropsychology. During her time at Drexel, she completed externships at Jefferson University Hospital’s Department of Neurology and the UPenn’s Department of Psychiatry. Her research work focused on improving everyday functioning in adults with dementia and severe mental illness.  Dr. Sestito completed her pre-doctoral internship at Long Island Jewish Medical Center/Zucker-Hillside Hospital, which served a diverse group of residents in Queens and Long Island. Following completion of her doctoral degree, she received her post-doctoral fellowship training at the Michael E. DeBakey VA Medical Center in Houston, TX. She worked with veterans in both inpatient and outpatient settings, including newly discharged soldiers who were coping with the impact of brain injuries and post-traumatic stress. This work led her to Mentis Neuro-Rehabilitation, a sub-acute rehabilitation center that provided a variety of rehabilitative services and therapies to help individuals with moderate to severe brain injury return to daily living. In addition to cognitive assessment, Dr. Sestito’s work was focused on behavioral intervention and training the clinical team in person-centered de-escalation strategies.  Since returning to the Philadelphia area, Dr. Sestito has continued to work with adults with a variety of neurological and psychiatric conditions, including ADHD, bipolar disorder, depression, dementia, and movement disorders. More recently, she has joined Brandywine Neuropsychology Associates and sees clients both in the office and in various community settings. Dr. Sestito’s clinical approach is evidence-based and utilizes the findings of the best available current research, while focusing on the whole person and their unique experiences. She is dedicated to creating a collaborative relationship with each client and meeting each person’s individual goals.

David Jaskowiak Esq.

Mr. Jaskowiak is a sole practitioner in Jenkintown, PA, who has been in practice since 1987. He received a Bachelor of Arts from La Salle College (now, University) in 1977, graduating maxima cum laude. After several years working as a licensed real estate broker in the Commonwealth of Pennsylvania, he received his law degree from Temple University in 1987, graduating cum laude. His work in the area of elder law now focuses principally on litigation involving elder abuse, POA abuse and other financial exploitation issues, filial support, and guardianships.  He has previously presented for the Pennsylvania Association of Elder Law Attorneys (“PAELA”), the Pennsylvania Bar Institute, the Montgomery County Bar Association, the Elder Roundtable for Justice, and both the Lehigh and Montgomery County Estate Planning Councils.  He is admitted to practice in Pennsylvania, New Jersey, the United States District Courts for the Eastern and Middle Districts of Pennsylvania, and the Third Circuit.

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