Client Capacity Considerations in Elder Law
Legal and Ethical Challenges When Evaluating Clients
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to counsel about questions of capacity for elderly clients, including the capacity requirements for legal transactions, existing legal and ethics guidelines for assessing client capacity, and methodology used by practitioners to evaluate clients.
- Overview of Client Capacity Requirements
- Capacity Requirement to Commence Attorney-Client Representation
- Capacity Requirement for Estate Planning, Contract, & Other Transactions
- Increasing Capacity Cases & Aging Population
- Capacity for Legal and Ethics Guidelines Under ABA Model Rule 1.14
- Presumption of Capacity
- Maintaining Normal Client-Attorney relationship
- Attorney’s Ability to Take Protective Action on Client’s Behalf
- Discretion to Reveal Confidential Information
- Considerations for Clients with Family Members
- Analysis Tools to Evaluate Client Capacity
- Attorney Observation of Client
- ABA Model Rule 1.14 Test for Protective Action
- Existence of Diminished Capacity
- Risk of Substantial Harm
- Inability to Act Adequately in Own Interest
- Practitioner Responses to Client Capacity Analysis
- Practitioner Techniques for Bolstering Client Capacity
- Referral of Client for Clinical Assessment or Consultation
- Obtaining Capacity Report
The panel will review these and other key questions:
- What practices can counsel employ to determine capacity of an elderly client?
- What actions are available to protect a client with capacity-related problems?
- What ethical obligations does counsel of an incapacitated client have?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Boyer Law Group
She is Certified as an Elder Law Attorney by the National Elder Law Foundation. Her practice includes the areas of... | Read More
She is Certified as an Elder Law Attorney by the National Elder Law Foundation. Her practice includes the areas of elder law, estate planning, guardianships and probates. She publishes a monthly newsletter addressing issues facing seniors and their families, and is a frequent speaker on aging and elder law topics.Close
The Adams Law Offices
He practices estate planning and related litigation, providing clients with guidance in the creation of estate plans... | Read More
He practices estate planning and related litigation, providing clients with guidance in the creation of estate plans and understanding of the probate process, as well as negotiation and representation services when disputes arise over estate administration.Close
Teresa D. Lancaster
Bogutz & Gordon
She is a Licensed Fiduciary and serves in the Arizona Chapter of the National Academy of. Elder Law Attorneys. She... | Read More
She is a Licensed Fiduciary and serves in the Arizona Chapter of the National Academy of. Elder Law Attorneys. She developed an interest in elder law while attending law school, where she was president of the Elder Law Society.Close