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Courses/Law/Family Law

Guardian or No Guardian? That is the Question!

Understanding guardianship in cases involving cognitive impairments.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Mar 29, 2025
Guardian or No Guardian? That is the Question!

What You'll Learn

check_circleIdentify when a legal guardian is needed for clients with cognitive impairments.
check_circleLearn the steps to obtain a guardianship appointment.
check_circleUnderstand how guardianship affects prosecution, settlement, and trial.
check_circleManage awards effectively within the guardianship framework.

About This Course

Determining whether a guardian is necessary is a complex legal and ethical decision. This course provides an in-depth exploration of guardianship law, covering when and how a guardian should be appointed, the legal responsibilities involved, and strategies for navigating common challenges. Participants will gain insights into court procedures, alternatives to guardianship, and ethical considerations. Designed for attorneys, legal professionals, and advocates, this course offers practical guidance to ensure the best outcomes for individuals in need of protection.

Topics Covered:

  • Legal Framework for Guardianship Determinations
  • When Guardianship is Necessary and When It’s Not
  • Responsibilities and Duties of a Legal Guardian
  • Court Procedures for Guardianship Appointments
  • Alternatives to Guardianship: Power of Attorney and Trusts
  • Ethical Considerations in Guardianship Cases
  • Common Challenges and Case Studies

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Joan Robert
Joan Robert

Attorney at ROBERT LEGAL GROUP

Touro College School of Law, (valedictorian of the part time division). Past Chair of the New York State Bar Association Elder Law Section and author of several NYSBA Publications including: Guidelines for Guardians, a chapter on Supplemental Needs Trusts in Guardianship Practice in New York, and a chapter’s on Government Liens and Planning Options in Personal Injury Practice in New York. She’s presented at numerous Guardianship training programs approved by the Office of Court Administration. Past Chair of the Nassau County Bar Association Elder Law Committee, served as the Dean of the Nassau Academy of Law and as a member of the Board of Directors of the Nassau County Bar Association. She served as President of the New York Chapter of the National Academy of Elder Law Attorneys (NAELA) and received their Theresa Foundation Award for outstanding service and advocacy for those with disabilities. She received a Lifetime Achievement Award from the New York State Bar Association Elder Law & Special Needs Section. She has been named a Super Lawyer in Elder Law for the New York Metropolitan Area since 2013 and is Certified as an Elder Law Attorney.

Hon. Bernice D. Siegal
Hon. Bernice D. Siegal

Judge at Guardianship Part in Queens County

The Honorable Bernice Siegel is a respected judge who presides over a guardianship part in Queens County. With extensive experience in guardianship law, she plays a crucial role in ensuring the protection and legal representation of vulnerable individuals. Judge Siegel is actively involved in shaping best practices for guardianships as a member of the Appellate Division's Second Department Task Force, where she contributes to updating and improving guardianship procedures. Her dedication to justice and advocacy has earned her notable recognitions and awards, including: The Women's Bar Association Judith Kaye Award for Access to Justice. Recognition as a "Friend to the Section" by the New York State Bar Association Elder Law & Special Needs Section, acknowledging her active participation in legal programs and section activities. Through her work, Judge Siegel continues to make a significant impact in guardianship law and elder justice.

Hon. Debra  Silber
Hon. Debra Silber

Presides over a civil part of the Supreme Court, Kings County

The Honorable Debra Silber serves as a Justice of the Supreme Court, Kings County, where she presides over a civil part handling both jury and non-jury trials. With a strong background in law and education, she has contributed to the legal field in multiple capacities. Before joining the bench, Justice Silber had a distinguished career in private practice, specializing in real estate, wills, and estates. Her legal expertise and dedication to justice extend beyond the courtroom, as she has also served as an adjunct professor at Brooklyn Law School, where she helped shape the next generation of legal professionals. In addition to her judicial and academic roles, Justice Silber has been actively involved in public service and community initiatives. She was a member of the New York City Civilian Complaint Review Board and continues to participate in various civil boards and organizations, demonstrating her commitment to justice and civic engagement.

Hon. Ellen  M. Spodek
Hon. Ellen M. Spodek

Supreme Court Justice in Kings County

The Honorable Ellen M. Spodek serves as a Supreme Court Justice in Kings County, where she presides over a civil trial part. She has also held the role of Part 76 guardianship judge, demonstrating her deep expertise in guardianship law and civil litigation. In addition to her judicial responsibilities, Justice Spodek stepped into a leadership role as Acting Administrative Judge when Justice Knipel was recovering from COVID-19, ensuring the smooth operation of the court during a critical time. Her dedication to justice and public service has earned her multiple awards and recognitions, including: The Brooklyn Bar Association Annual Recognition Award The Volunteer Lawyers Project Award The Ecumenical Award from The Catholic Lawyers Guild Through her judicial work and community involvement, Justice Spodek continues to make significant contributions to the legal profession and the administration of justice.

Hon. Charlie  Troia
Hon. Charlie Troia

Supreme Court Justice in Richmond County

The Honorable Charles Troia serves as a Supreme Court Justice in Richmond County, where he presides over a guardianship part and a Medical Malpractice (Med Mal) part. With extensive experience in guardianship law, he plays a key role in overseeing cases that impact the well-being and rights of incapacitated individuals. In addition to his judicial duties, Justice Troia holds several leadership positions within the legal community. He is the Chair of the Guardianship Roundtable for the First and Second Departments and serves as the Co-Chair of the Guardianship Task Force for the Second Department. His leadership in these roles helps shape best practices and policies for guardianship proceedings across the state. Before joining the bench, Justice Troia built a strong foundation as a trial attorney. He later served as the principal law clerk to Judge Leventhal in Kings County, where he gained extensive experience handling guardianship matters. His expertise in this area continued at the Appellate Division, where he also worked as a law clerk for Judge Leventhal. Through his judicial work, leadership roles, and dedication to the field of guardianship law, Justice Troia continues to make a significant impact on the legal system and the lives of those under guardianship protection.

Jay Robert
Jay Robert

Founder of ROBERT LEGAL GROUP

Mr. Robert’s practice focuses on elder law, guardianships, trusts and estates, and special needs planning. Prior to founding Robert Legal Group, Mr. Robert was an associate with Kassoff, Robert & Lerner, LLP, a premier Long Island elder law firm. Mr. Robert is a graduate of the Benjamin N. Cardozo School of Law, cum laude, and Tulane University, cum laude, where he was a Dean's Honors Scholar and earned a B.A. in History. ​

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We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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