Working with GALs: Inside the World of a Problem Solver Out of Stock
Co-sponsored by the CBA Trust & Estate Section
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March 2018
Working with GALs: Inside the World of a Problem Solver
Co-sponsored by the CBA Trust & Estate Section
Program Description:
At this month's Trust and Estate luncheon, Alison Zinn and Carl Glatstein will talk about the role of the Guardian ad Litem (GAL) in probate cases, as well as the nuances you should be aware of when asking for a GAL or working with a GAL, including: the difference between a GAL and Respondent's counsel; what to include in your motion for appointment of a GAL; what authority a GAL has; whether the GAL can enjoy direct communication with represented parties; and confidentiality or privilege as it relates to information a party shares with the GAL. They will also discuss the ongoing debate about creating new court rules that seek to more specifically define the authority and limitation of GALs.
Meet Your Presenters:
M. Carl Glatstein, Esq., limits his practice to the areas of guardianship, conservatorship, wills and trusts, probate administration and Medicaid. He represents family members as well as several professional fiduciaries serving as guardians, conservators, trustees and personal representatives. Over the years, he has handled a wide variety of matters related to the area of protective proceedings. In addition, he has litigated numerous contested cases, including guardian/ conservator appointment proceedings, will contests, removal of breaching fiduciaries, and recovery of assets in financial exploitation cases. As a natural outgrowth of his practice, he also prepares wills and trusts, including special needs and discretionary trusts with a goal of preserving public benefits for incapacitated individuals. He advises clients, as well as other attorneys and advocacy organizations on issues relating to guardianship/ conservatorship, powers of attorney and end-of-life matters. He has served as court-appointed counsel and as guardian ad I item in several challenging cases. He is active with the Colorado Bar Association, having chaired the Elder Law Section, the Committee on the Uniform Guardianship and Protective Proceedings Act, and the Civic and Community Affairs Committee. Mr. Glatstein is a Fellow of the American College of Trust and Estate Counsel. He is Lecturer at Law at the University of Denver Sturm College of Law teaching elder law since 2005. He chairs the Elder Law Institute, which provides advanced training programs for attorneys and related professionals. He is a past chair and active member of the Denver Community Bioethics Committee, one of the few non-institutional ethics committees in the country. He is also a member of the Guardianship Alliance of Colorado, a non-profit advocacy organization, and the National Academy of Elder Law Attorneys.
Alison E. Zinn, Esq., is a trial attorney focused on trust and estate litigation and elder law. She is committed to helping families work through and resolve intricate situations that involve inherited property when a loved one dies as well as situations where a loved one is disabled or incapacitated. More specifically, she handles disputes concerning wills, trusts, probate fiduciaries, beneficiaries, guardianships, and conservatorships. Alison also accepts appointments to serve as guardian ad litem. Alison is well-versed in all areas of trial strategy. Despite her experience with large and complex matters, Alison also enjoys working closely with families on a much smaller scale. Before turning her focus to trust and estate litigation, Alison represented a variety of commercial clients in areas that include banking, mortgage-backed securities, insurance, and construction defect litigation.
Agenda:
11:30 AM – 12:00 PM
Registration
12:00 PM
The role of the Guardian ad Litem (GAL) in probate cases as well as the nuances you should be aware of when asking for a GAL or working with a GAL, including:
- The difference between a GAL and Respondent's counsel
- What to include in your motion for appointment of a GAL
- What authority does a GAL have?
- Can the GAL enjoy direct communication with represented parties?
- Confidentiality or privilege as it relates to information a party shares with the GAL
- The ongoing debate about creating new court rules that seek to more specifically define authority and limitations of GALs
Presented by Alison E. Zinn, Esq., Lathrop Gage LLP, Denver, CO, and M. Carl Glatstein, Esq., Glatstein & O'Brien LLP, Denver, CO
1:00 PM
Adjourn
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $59.00 USD
- Member Price $39.00 USD
- General Credits 1.00
- Ethics Credits
- EDI Credits