Contested Guardianship Primer


Re-Broadcast on November 3, 2017

From incapacity to appointment of guardian to fee petition disputes to removal, we will review the statutes, rules and case law that govern this code specific area of litigation. Whether you are a court appointed attorney for an alleged ward or you represent a family member in the incapacity or guardianship proceedings, there are advocacy positions which should or must be asserted to preserve the rights of the alleged ward or the ward’s heirs.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Court appointed attorney’s role: to litigate capacity or not? Capacity: How to prove capacity or lack thereof
•   Lesser restrictive alternatives: Verified Statement: proving validity or invalidity Appointment of a guardian: spouse vs. other family members
•   Removal of guardian
•   Character of financial accounts; preserving the rights of joint account owners, spousal support

Date / Time: November 3, 2017

•  2:00 pm – 4:00 pm Eastern
•  1:00 pm – 3:00 pm Central
•  12:00 pm – 2:00 pm Mountain
•  11:00 am – 1:00 pm Pacific

Choose a format:

•  Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•  On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.


Ellen S. Morris, Esq. is a partner with Elder Law Associates PA. Her practice is devoted to litigation in the guardianship, fiduciary, estate, trust, nursing home residents’ rights and broad elder law areas, and transactional work in elder law, including wills and trusts, guardianship and guardianship advocacy, Medicaid and nursing home planning, Medicaid applications, disability planning, special needs trusts, asset preservation planning, and estate and trust administration.

Ms. Morris is the immediate past Chair of the Elder Law Section of The Florida Bar. She is also Co-Chair of the Joint Public Policy Task Force of the Elder Law Section of The Florida Bar and AFELA and she serves on the Board of Directors of the Academy of Florida Elder Law Attorneys (AFELA). She has held all officer positions and was the Legislative Chair of the Elder Law Section of The Florida Bar for seven years. She also served as Co-Chair of the Elder Law Section of the South Palm Beach County Bar Association. She is an active member of NAELA and the Florida Association of Women Lawyers, South Palm Beach County section. In all of these roles, Ms. Morris participates in elder law-related legislative initiatives, devoting much of her time to analyzing new rules and updated regulations affecting seniors and others with disabilities who require government services and protection, and litigation issues.

Ms. Morris was named The Florida Bar Elder Law Section ‘Member of the Year’ in 2008. She was named to Florida Trend magazine’s Florida Legal Elite in 2007, 2009, and 2010–2017 as well as a Florida Super Lawyer from 2009 to 2016. Ms. Morris has an AV® Preeminent Peer Review Rating from Martindale-Hubbell, the highest rating afforded an attorney.

Ms. Morris is a graduate of the University of Florida with honors where she received her undergraduate and then her law degree in 1989. Prior to focusing her career on elder law, Ms. Morris practiced as an Assistant State Attorney for Miami-Dade County, Florida under the direction of State Attorney Janet Reno.

As an active volunteer, Ms. Morris is involved in the National Council of Jewish Women. She has lobbied for women, children, families and seniors. She is also a Washington Club and Congressional Club member of AIPAC. Ms. Morris has also been involved with the Alzheimer’s Association, Southeast Florida Chapter, SOS Children’s Village, Jewish Family Services located in Broward and Palm Beach counties, the Florida State Guardianship Association and Junior Achievement.

Ms. Morris frequently lectures to other professionals and charitable organizations on elder law, special needs, and litigation topics. She was an instructor for Florida Atlantic University’s Lifelong Learning Society (LLS) in 2011. She was featured in the Palm Beach Post’s Moving Up section for her developing elder law and special needs practice and has been quoted in the Palm Beach Post, Wealth (Reuters), Sun-Sentinel and ABC News online.

CLE Accreditation:
mylawCLE seeks approval in all states except VA.

CLE 2.00 – AK
CLE 2.00 – AL
CLE 2.00 – AR
CLE 2.00 – AZ
CLE 2.00 – CA
CLE 2.40 – CO
CLE 2.00 – DE
CLE 2.40 – FL
CLE 2.00 – GA
CLE 2.00 – HI

CLE 2.00 – IA
CLE 2.00 – ID
CLE 2.00 – IL
CLE 2.00 – IN
CLE 2.00 – KS
CLE 2.00 – KY
CLE 2.00 – LA
CLE 2.00 – ME
CLE 2.00 – MN
CLE 2.40 – MO

CLE 2.00 – MP
CLE 2.00 – MS
CLE 2.00 – MT
CLE 2.00 – NC
CLE 2.00 – ND
CLE 2.00 – NE
CLE 2.00 – NH
CLE 2.40 – NJ
CLE 2.00 – NM
CLE 2.00 – NV

CLE 2.40 – NY
CLE 2.00 – OH
CLE 2.40 – OK
CLE 2.00 – OR
CLE 2.00 – PA
CLE 2.00 – PR
CLE 2.40 – RI
CLE 2.00 – SC
CLE 2.00 – TN
CLE 2.00 – TX

CLE 2.00 – UT
CLE 2.40 – VI
CLE 2.00 – VT
CLE 2.00 – WA
CLE 2.40 – WI
CLE 2.40 – WV
CLE 2.00 – WY

Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

On-demand CLE
myLawCLE will seek on-demand approval in all states except Virginia and Arkansas (outside reciprocal provisions stated above).

myLawCLE Credit Guarantee
myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendee’s satisfaction.

Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.