This course surveys the growing elder population, including an overview of issues faced by the elder law practitioner and the ethical problems frequently encountered. Selected topics include the concept of capacity, Article 81 of the Mental Hygiene Law, the role of the guardian, court evaluator, attorney for the alleged incapacitated person, the practical aspects associated with bringing the contested and uncontested guardianship proceedings, powers of attorney, Medicaid planning, fact patterns, case studies, constitutional issues, wills, trusts, estate planning and patients' rights. It will emphasize a 'view from the bench' and students can expect 'judicial participation.' This course satisfies the requirements for Part 36 list enrollment, within two years of course completion, as a Court Evaluator or Guardian, and upon bar admission, as an Attorney for the AIP.
Grading and method of Evaluation:
Letter grade with pass/fail option. Final exam. With permission of the instructor, students may choose to write a paper in lieu of the exam.