Estate Planning and Elder Law Primer: Assessing and Dealing with Client Incapacity

Estate Planning and Elder Law Attorneys are regularly confronted with practical and ethical dilemmas in working with clients of marginal capacity or clients who may be "too incapacitated." Too often, we lack the tools necessary to assess a clients capacity, work with a client of impaired capacity or deal with incapacity. This presentation focuses on (1) assessing incapacity (2) dealing with incapacity and (3) planning for incapacity. Complete with mnemonic tools, the application of Bar rules and practical guidance on how to document and run the client interaction, this course is intended for attorneys who want to be ready in the moment when these issues arise. This course is a part of the Elder Law College Estate Planning and Primer series on Lawline.

Learning Objectives:

1. Understand the Bar's ethical standards for assessing and dealing with incapacity

2. Identify tools for assessing incapacity

3. Learn how and why to document interactions with clients regarding their capacity

4. Learn how best to work with a client of diminished capacity

5. Know how to navigate the legal remedies for incapacity: (1) Forced delegation of rights and (2) Voluntary delegation of rights