This program is eligible for 1 hour of CLE credit in 60-minute states. In 50-minute states, this program is eligible for 1.2 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
Overview
Ethical Issues Regarding Powers of Attorney and Guardianship Matters
Thomas Dempsey, Esq., Richard Magee, Esq., & James Ruggiero, Esq.
A panel discussion on the ethical issues presented in representing clients regarding powers-of attorney and guardianship matters. A review of the relevant ethical considerations and applicable rules with an emphasis on practical steps and real-world challenges facing practitioners. This discussion will include addressing how Act 61 of 2023 impacts practitioners representing petitioners and alleged incapacitated persons in guardianship matters.
Recorded in September 2024.
Faculty
Richard Magee Jr, Esq.
Mr. Magee is a sole practitioner in Jamison, Pennsylvania. His practice emphasizes guardianship matters and includes estates and estate planning. He has represented families and institutions seeking emergency and permanent guardianship appointments in Bucks, Montgomery, Chester, Delaware, Philadelphia and Franklin counties. He has served as guardian or court-appointed counsel for alleged incapacitated persons in Bucks and Montgomery counties. Mr. Magee received his B.A. from Oberlin College in 1980 and J.D. from Duke University School of Law in 1983. He is a member of the Pennsylvania Bucks County Bar Association.
James Ruggiero Jr., Esq.
Since 1990, Mr. Ruggiero has been helping families and business owners create estate plans aimed at transferring their legacy successfully to the next generation. He is owner of Ruggiero Law Offices LLC with offices in Paoli, and Center Valley, where he practices in the area of estate planning, estate administration, elder law, business law and real estate. His planning experience includes the use of wills, revocable and irrevocable trusts, IRA trusts, and life insurance trusts. From an administration perspective, he has overseen the administration of estate of varying degree of complexity including insolvent estates to those values exceeded 20 million and ten year estate accountings. Mr. Ruggiero has developed a niche in dealing with closely held small business owners in advising on formation, growth and succession of the business. He has advised clients on contract negotiations, employee contracts and disputes, patents, copyright, real estate lease and purchase. Mr. Ruggiero has achieved board certification as an Estate Planning Law Specialist, one of only a few to attain this in the country, awarded by The Estate Law Specialist Board, Inc., an attorney-run subsidiary of the National Association of Estate Planners & Councils in Cleveland, Ohio. Additionally, he has attained designation as an Accredited Estate Planner, awarded by the National Association of Estate Planners & Councils. Mr. Ruggiero has been recognized in Main Line Today and Philadelphia Magazine as a Top Attorney in Trusts & Estates & Elder Law and a Five Star Wealth Manager for numerous years. He is a board member of the Estate Planning Council of the Lehigh Valley, member of the National Academy of Elder Law Attorneys and former council relation committee member for the National Association of Estate Planners & Councils. Additionally, Mr. Ruggiero is the Pennsylvania partner for Elder Care Matters, a national directory of elder care resources, and member of the Chester County, Pennsylvania and American Bar Associations where he is active in the Elder Law, Probate and Trust Real Property Sections. Active in the community, he serves as the president of the board of the Planned Lifetime Assistance Foundation, past chairman of the Business Department Advisory Board of Immaculata University and past president of the Chester County Estate Planning Council. Throughout his career, Mr. Ruggiero has given countless presentations for the Pennsylvania Bar Institute, WealthCounsel LLC and the Trial Lawyers Association. He is often asked to serve as a course planner. His seminar topics have included PA Inheritance Taxes, Advanced Estate Planning Issues, Special Needs Trusts, Estate Planning for Retirement Assets and Retirement Asset Disclaimers, Business Succession Planning, and Planning for Persons with Diminished Capacity and Distribution of Assets Upon Death. He received his B.A. from Ursinus College and his J.D. from Widener University School of Law.
Thomas Dempsey Jr., Esq.
Mr. Dempsey is a Partner with the firm of Jones, Gregg, Creehan & Gerace, LLP in Pittsburgh. He graduated from the Duquesne University School of Law in 1987 and is a member of the Allegheny County and Pennsylvania Bar Associations. Mr. Dempsey’s practice is focused on litigation and appellate practice in the Orphans’ Court Division of various Courts of Common Pleas of Southwestern Pennsylvania in guardianship, fiduciary defense and prosecution, probate litigation, and similar cases. He is one of the founding members of the Allegheny County Bar Association Elder Law Committee. He has frequently been elected to the Allegheny County Bar Association Probate and Trust Section Council. Mr. Dempsey regularly presents educational seminars on behalf of the Pennsylvania Bar Institute. He is currently serving on the Pennsylvania Supreme Court Orphans’ Court Procedural Rules Committee and is a Candidate Investigator for the Pennsylvania Bar Association Judicial Evaluation Commission.
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