Ethical dilemmas and questions regarding capacity occur in all practice areas – not just estate law.
Join our expert faculty as we discuss the conditions that affect mental capacity and the levels of capacity required to execute various documents and engage in different transactions.
Review Considerations in New Client Engagement
- Determine whether a potential client has the capacity to engage you
- Identify the transactions the client has the capacity to engage in and the documents the client can execute
- Recognize the warning signs of undue influence
Determine if Your Client has Diminished Capacity
- Discuss methods of accessing capacity
- Identify the conditions that affect mental capacity
Examine the Gray Areas of Professional Ethics when you have Issues of Capacity
- Identify who the client is
- Recognize conflicts of interest
- Determine your duties if your client loses capacity during the representation
Recorded during a live webcast in April, 2018.