- May 2, 2023
- EVENTS
In this webinar, Garfunkel Wild's Madelin T. Zwerling, and Colleen M. Tarpey will guide mental health care workers through the laws and principles that govern the treatment of mentally ill patients in New York.
Biography
Madelin T. Zwerling is Chair of the Patient Rights and Discharge Planning Practice Group. Madelin is known for her keen ability to counsel and assist clients on a broad range of subject matter, with her primary areas of focus relating to mental health law issues, and wills, trusts, and estate planning.
Madelin regularly represents hospitals in court proceedings under the Mental Hygiene Law. She is known as a determined and fierce, yet fair, litigator in handling such proceedings. Among the types of proceedings she handles on a regular basis are: retention and treatment over objection proceedings; assisted outpatient proceedings under “Kendra’s Law”; Article 81 and 17A guardianship proceedings; end-of-life proceedings; and medical treatment over objection proceedings. Madelin also counsels clients concerning advance directives, life-sustaining treatment, discharge planning, and Supplemental Needs Trusts.
As a member of the firm’s Trusts, Estates and Private Client Services Group, Madelin regularly advises clients in all matters concerning estate planning, including the drafting of wills and trusts, as well as estate administration and gift planning for the preservation of family businesses and preservation of wealth upon death, and related tax matters.
Prior to joining the firm, Madelin was an attorney whose primary areas of focus were real estate, trusts and estates, and matrimonial law. Madelin also devoted herself to pro bono work and was previously honored for her work on behalf of the Nassau County Coalition Against Domestic Violence, an entity that provides legal assistance in matrimonial actions to victims of domestic abuse. Madelin served as an attorney for the Long Island Advocacy Center, an entity that is designed to provide individuals with various forms of assistance relating to the Individual with Disabilities Act, such as Special Education support and lay advocacy training. She also provided service as a court-appointed guardian through the Court Appointed Special Advocate (CASA) EAC Family Court Program in Nassau County.
Madelin regularly represents hospitals in court proceedings under the Mental Hygiene Law. She is known as a determined and fierce, yet fair, litigator in handling such proceedings. Among the types of proceedings she handles on a regular basis are: retention and treatment over objection proceedings; assisted outpatient proceedings under “Kendra’s Law”; Article 81 and 17A guardianship proceedings; end-of-life proceedings; and medical treatment over objection proceedings. Madelin also counsels clients concerning advance directives, life-sustaining treatment, discharge planning, and Supplemental Needs Trusts.
As a member of the firm’s Trusts, Estates and Private Client Services Group, Madelin regularly advises clients in all matters concerning estate planning, including the drafting of wills and trusts, as well as estate administration and gift planning for the preservation of family businesses and preservation of wealth upon death, and related tax matters.
Prior to joining the firm, Madelin was an attorney whose primary areas of focus were real estate, trusts and estates, and matrimonial law. Madelin also devoted herself to pro bono work and was previously honored for her work on behalf of the Nassau County Coalition Against Domestic Violence, an entity that provides legal assistance in matrimonial actions to victims of domestic abuse. Madelin served as an attorney for the Long Island Advocacy Center, an entity that is designed to provide individuals with various forms of assistance relating to the Individual with Disabilities Act, such as Special Education support and lay advocacy training. She also provided service as a court-appointed guardian through the Court Appointed Special Advocate (CASA) EAC Family Court Program in Nassau County.
Experience
- Has conducted thousands of hearings in the Supreme Court of New York relating to the retention and treatment of psychiatric patients pursuant to the Mental Hygiene Law, and assisted outpatient treatment applications under Kendra’s Law.
- Has conducted guardianship proceedings involving incapacitated adults pursuant to Article 81 and Article 17 of the Mental Hygiene Law.
- Successful defense of a hospital accused of wrongfully retaining a psychiatric patient who had been suicidal.
Insights
Additional speaking & writing
Speeches and Events
- April 3, 2023
- ALERTS
What happens when a hospital develops a safe discharge plan for a patient but the patient does not agree and refuses to leave the hospital? What can a hospital do?
- December 16, 2022
- ALERTS
In light of market unpredictability and incoming changes to the gift and estate tax regime, now is a great time to review your estate plan to make sure it reflects your current wishes and takes advantage of wealth transfer opportunities.
- March 1, 2019
- PUBLICATIONS
Madelin Zwerling, Associate in the Personal Services and Estate Planning Practice Group, had her article “Dear Doctors: Are you Sending Your College-Age Children Off With The Proper Legal Documentation in Place?” published in the March 2019 issue of The Medical Society of the State of New York’s News of New York.