LENGTH: 1 hr. 25 min.

Sponsored by the Idaho Law Foundation, Inc.

This CLE will provide answers to an array of questions. Does an individual proposed to be under a guardianship have a right to his/her own attorney? Does an individual under a guardianship have the right to contract with an attorney to contest or change the terms of the guardianship after Rogers, considering IC 15-5-307(a) and IC 66-408? What are the implications of IRPC 1.14, Clients with Diminished Capacity, for the attorney or GAL who represents an individual in a guardianship? Under what circumstances should a guardianship be plenary in light of the Rogers case, IC 66-406 and IC 15-5 part 3? When does supported decision making need to be considered? What are the changes to ICAR 54.4 and 54.5? What are the implications of SB 1090 that clarifies that an individual with a developmental disability who does not have a guardianship and has capacity to make decisions is allowed to make decisions?

Presented in Moscow, Idaho as part of the 2017 Annual Meeting.