Celesq® Attorneys Ed Center

Legal and Ethical Issues in Capacity and Mental Health Law

Program Number: 3093

Program Date: 05/12/2020

Description

Lawyers should be familiar with the standards of capacity for specific legal transactions under relevant statutes and case law. This includes areas such as contracts, criminal law, executing advance directives and guardianship proceedings. We will discuss the “red flags” or signs of “diminished capacity” that a lawyer may observe in a client as well as the ethical guidelines for assessing capacity in accordance with ABA Model Rules of Professional Conduct, Section 1.14. Last, we will explore the “Mental Health Legal Tool Kit”, offering creative legal solutions to difficult mental health issues.

$95.00Audio Tape Add to Cart $95.00Online Audio Add to Cart

Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, based on a 50-minute credit hour, including 1.0 credit Ethics
60 minute credit hour - 1.0 General CLE credit, based on a 60-minute credit hour, including 1.0 credit Ethics

State Program Numbers

Presenters


Carolyn Reinach Wolf, Esq.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP

Carolyn Reinach Wolf is an Executive Partner in the law firm of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP and Director of the Firm's Mental Health Law practice. She is the only attorney in the country with a family-focused mental healthcare practice. Supported by a team of expert clinicians, she specializes in guiding families through the complex landscape of legal issues that impact loved ones with serious mental illness and/or substance abuse issues. She also represents institutions, such as major hospital systems, community hospitals, skilled nursing facilities and outpatient programs, consulting on matters including capacity, mental hygiene law, end of life decision making, development and ongoing functioning of ethics committees, advance directives and institutional review boards. She also represents mental health and healthcare professionals, and higher educational institutions. A New York Times profile of her is available here.

Ms. Wolf’s expertise encompasses mental hygiene law, including retention and treatment over objection psychiatric cases; mental health warrants; capacity determinations; informed consent and medical treatment cases; confidentiality and release of records matters; interaction with law enforcement in family matters, health care facilities and institutions of higher education; Kendra's Law applications (Assisted Outpatient Treatment Orders); Article 81 and 17-A guardianship proceedings; civil and criminal litigation and negotiation specific to mental health issues; consultation and advice in navigating the mental health system and legal interventions in the inpatient and outpatient treatment settings as well as mental health issues in the higher education setting.

Ms. Wolf is immediate Past President of the National Behavioral Intervention Team Association (NaBITA), a membership association serving more than 1,500 professionals in schools, colleges and workplaces whose role is to support individuals in need of mental health intervention and to minimize the potential for school and workplace violence. She is also a frequently invited speaker and consultant to healthcare and mental health organizations, as well as institutions of higher education, specifically university counseling centers and administrators, and professional associations throughout the country regarding mental health law issues and many of the above-mentioned topics. She has been selected to the New York Super Lawyers list since 2013.

Ms. Wolf holds a J.D. from Hofstra University School of Law, an M.S. in Health Services Administration from the Harvard School of Public Health and an M.B.A. in Management from the Hofstra University School of Business. She is admitted to practice in New York State and Federal Courts as well as the U.S. Supreme Court. In addition, Ms. Wolf is an adjunct professor at Maurice A. Deane School of Law at Hofstra University, teaching “Law and Psychiatry.” Prior to practicing law, Ms. Wolf was a hospital administrator and Director of Hospital Risk Management

 

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