The rules governing fiduciaries are important because they are designed to help promote healthy governance of trusts, estates, and guardianships, among others.
These rules mean little, however, if the fiduciary does not understand his or her duties. The professional responsibility implications for lawyers are equally important and include whether, and how well, lawyers advise fiduciaries about their duties. We will help lawyers advise fiduciaries by identifying important responsibilities, highlighting key considerations, and providing some practical tips and techniques. We will also review key areas to consider when assessing a client’s capacity in various situations, such as the ability to sign a will, Power of Attorney, or make a gift.
Recorded during a live webinar in January 2016.