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On Demand

“Post Wood – What You Need to Know About Voting Rights in Guardianship Cases”


Total Credits: 1 CLE, 1 Estate & Trust Law Specialization

Average Rating:
   41
Categories:
Probate & Estate Planning
Faculty:
Eliza Daley Read |  Hillary P Gagnon
Course Levels:
Advanced
Format:
Audio and Video
Original Program Date:
Oct 24, 2024


Description

We will be discussing:

  • A brief recap of the Wood case (In re Matter of Wood, 551 P.3d 1163 (Ariz. Ct. App. 2024)) - the factual and procedural background, and the trial court and appellate decisions.
  • A review of how various Superior Courts around the state are implementing the decision.
  • Looking ahead, what are best practices regarding suspension of voting rights in guardianship cases?
  • What is the standard for capacity to vote?
  • What might this mean for other fundamental rights in the context of guardianship?

Speakers:
Hillary Gagnon, Stacey L. Johnson, PLLC
Eliza Read, Eliza Read, PLLC

Handouts

Faculty

Eliza Daley Read Related Seminars and Products

Attorney

Eliza Read, PLLC


is a partner with Mangum Wall Stoops & Warden PLLC and is certified by the State Bar of Arizona as a Specialist in Estate and Trust Law, and has earned the CELA (Certified Elder Law Attorney) designation from the National Elder Law Foundation. Eliza's practice focuses on:
• Wills, Trusts, Estates, and Estate Planning, including powers of attorney, asset transfers, and business succession;
• Elder Law, including Guardianship and Conservatorship, Disability/Special Needs and Public Benefit Planning;
• Probate and Trust Administration and Litigation;
• Mediation and Alternative Dispute Resolution;
• Tribal and Federal-Indian Law.

Eliza is admitted to practice in the Courts of the State of Arizona (1997); the United States District Court, District of Arizona (2000); the Courts of the Hopi Tribe; and the Navajo Nation Courts. She earned her Bachelor of Arts Degree, Humanities, from John Carroll University (1990) and her JD (1997) from Case Western Reserve University, where she was a Colbert Scholar. Eliza is currently the President of the Arizona Chapter of the National Academy of Elder Law Attorneys (NAELA). She has served as Chair of the Mental Health and Elder Law Section of the State Bar of Arizona (2006-2007), and as a board member for many organizations associated with elder law, tribal rights and interests, estate planning, and protecting the rights of aging people and people with disabilities. Eliza is also a licensed fiduciary.


Hillary P Gagnon Related Seminars and Products

Of Counsel


is certified as a specialist in Estate and Probate Law with the State Bar of Arizona. Hillary has been licensed to practice law in Arizona since 1998. Her practice has focused primarily on estate planning, guardianships, conservatorships, protection of incapacitated and vulnerable adults, probate administration, trust administration, and litigation in contested probate and trust administration matters since 2006.

Hillary's estate planning practice consists of assisting clients develop and prepare a personalized estate plan appropriate for their individual and family needs. An estate plan may include, among other things a will, revocable living trust, special needs trust for a disabled family member, irrevocable trust, life insurance trust, estate tax planning, power of attorney, health care power of attorney, and living will. She also works with small business owners to prepare a succession plan and buy-sell agreements.

She is skilled in handling a variety of contested and uncontested probate and post death administration matters including, but not limited to:

Assisting families and individuals establish guardianships and conservatorships for a disabled or incapacitated family member;
Representing disabled and incapacitated adults in guardianship and conservatorship proceedings;
Representing private fiduciaries in guardianships, conservatorships, trust administration and probate estate administration;
Advising Trustees in the administration of a trust;
Representing personal representatives in the probate of a will or intestate estate;
Representing trust beneficiaries or estate heirs in the protection of their rights as a beneficiary or heir; and
Litigation and trials in contested probate matters.


Reviews

5
4
3
2
1

Overall:      4.8

Total Reviews: 41

Comments

Kathryn M

"They did a great job."

Daniel E

"great content. presenters were clear"

Thomas H

"Both presenters were well versed in the subject matter and did a great job explaining the Wood case and its impact on voting rights."

Sally S

"Appropriately detailed without overwhelming"

Will R

"Presented in a clear and concise manner."

Kurt G

"knowledgeable, articulate"

Nicole M

"very well explained - a lot to cover in one hour and they did a great job, and helped me understand the new caselaw. "

Stacey J

"Informative and very practical and useful in practice."

Stephen M

"would have liked to have seen sample draft orders and pleadings with relevant Wood language."

Melissa A

"Presentation was interesting and informative."