Diminished Capacity: Legal Representation with Knowledge, Compassion and Ethics

Diminished capacity is a general term, but it has far-reaching implications for that person's life and the attorney who represents or counsels them. The course, presented by experienced elder law practitioner Veronica Escobar, will define what diminished capacity is, and the medical or psychiatric conditions that create it. It will also examine how and when attorneys can work with these persons (or not), as established by our ethics rules.

Learning Objectives:

1. Determine the answer to the following question: what is capacity?

2. Define diminished capacity

3. Identify the medical or psychiatric conditions that create diminished capacity

4. Review the signs of diminished capacity

5. Know whether an elder law or estate planning attorney can work with a client with diminished capacity

6. Examine the ethical issues and ethics rules implicated when addressing diminished capacity