- May 16, 2024
- PUBLICATIONS
Garfunkel Wild’s Patient Rights and Discharge Planning attorneys are ready to answer all of your mental health law questions in our Q&A series.
Biography
As Chair of the firm’s Patient Rights and Discharge Planning Practice Group, Madelin T. Zwerling advises clients on a myriad of issues governing patient rights in hospitals, nursing homes, and home health settings. Her expertise includes end-of-life decision-making, medical treatment over objection, advance directives, and the safe and appropriate discharge of patients, including the institution of formal removal proceedings where patients refuse to leave facilities.
Madelin has particular expertise in mental health law, including retention and treatment over objection in psychiatric cases, mental health warrants, capacity issues, Kendra’s Law applications (Assisted Outpatient Treatment Orders), and Article 81 and 17-A guardianship proceedings. She litigates these issues regularly and serves as a consultant, helping clients navigate the complexities of mental health law, including its ethical dimensions. She also counsels clients on mental health issues in employment settings.
Prior to joining the firm, Madelin was an attorney whose practiced 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. These roles were an outgrowth of her role as an elementary and special education teacher. Madelin’s professional career reflects her passion for helping individuals with disabilities and mental health issues obtain the treatment and services to which they are entitled.
Madelin has dedicated herself to pro bono work and was honored by the Nassau County Coalition Against Domestic Violence for her efforts in providing legal assistance to victims of domestic abuse. She has also served as an attorney for the Long Island Advocacy Center, providing support related to the Individuals with Disabilities Act, including Special Education support and lay advocacy training. Additionally, she served as a court-appointed guardian through the Court Appointed Special Advocate (CASA) EAC Family Court Program in Nassau County. These roles stemmed from her background as an elementary and special education teacher. Madelin’s professional career reflects her passion for helping individuals with disabilities and mental health issues obtain the treatment and services they deserve.
Madelin has particular expertise in mental health law, including retention and treatment over objection in psychiatric cases, mental health warrants, capacity issues, Kendra’s Law applications (Assisted Outpatient Treatment Orders), and Article 81 and 17-A guardianship proceedings. She litigates these issues regularly and serves as a consultant, helping clients navigate the complexities of mental health law, including its ethical dimensions. She also counsels clients on mental health issues in employment settings.
Prior to joining the firm, Madelin was an attorney whose practiced 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. These roles were an outgrowth of her role as an elementary and special education teacher. Madelin’s professional career reflects her passion for helping individuals with disabilities and mental health issues obtain the treatment and services to which they are entitled.
Madelin has dedicated herself to pro bono work and was honored by the Nassau County Coalition Against Domestic Violence for her efforts in providing legal assistance to victims of domestic abuse. She has also served as an attorney for the Long Island Advocacy Center, providing support related to the Individuals with Disabilities Act, including Special Education support and lay advocacy training. Additionally, she served as a court-appointed guardian through the Court Appointed Special Advocate (CASA) EAC Family Court Program in Nassau County. These roles stemmed from her background as an elementary and special education teacher. Madelin’s professional career reflects her passion for helping individuals with disabilities and mental health issues obtain the treatment and services they deserve.
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
- 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.
- 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.