Family Law Series Webinar 2: Diminished and Diminishing Capacity & Ever-Expanding Litigation

Event Start:
11/17/2021 4:00 PM
Event End:
11/17/2021 6:00 PM

Date & Time: Wednesday, November 17, 2021 from 4:00 – 6:00 pm
Webinar Fee: $50

This program is online only.

Cosponsored with the Greater Boston Family Inn of Court

Faculty

Lisa M. Cukier, Esq., Partner, Burns & Levinson

John G. Dugan, Esq., Partner at Doherty, Dugan, Cannon, Raymond & Weil, P.C.

David Aptaker, Counselor at Law, Law Office of David Aptaker

Lee S. Bulgin, MD, Psychiatrist, Elliot Community Health Services

Members of the largest generation in American history, baby boomers, are increasingly reaching their 70s and many Americans are living well into their 80s and 90s. It is all but certain that most wealth planning and management professionals will have clients experiencing some sort of cognitive impairment at some point in their practice. For the attorney preparing estate planning documents, it is of paramount importance to ensure that the clients can articulate what they want to do and why, as well as understand and articulate the likely ramifications and significance of their decision making. In this program, panelists will provide insights into:

• Diminishing capacity:

  • How to help a client, who is exhibiting signs of impaired decision making, but who, in the opinion of the attorney or advisor, still could make informed decisions regarding her financial, medical or personal matters.
  • How to help a client whose intellectual abilities are impaired and lacks the ability to make informed financial, medical, or personal decisions.

• For attorneys, the Model Rules of Professional Conduct Rule 1.14, which discusses how to maintain appropriate professional relationships with individuals who have diminished capacity, and requires lawyers to have as normal of a attorney-client relationship as possible under the circumstances.

 

• How to identify diminished capacity:

  • ABA Commission on Law and Aging; APA handbook for attorneys.
  • Assessing clients
  • Accommodating diminishing capacity

 

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