Are you working with clients whose capacities are waning? It is estimated that by 2030, 61.8 million of us will be age 62 or older. That means even more of us will encounter clients with questionable or diminished capacity.
This course includes a panel discussion and case studies to identify legal and ethical tools that can be used to protect practitioners and clients from being victimized by clients' incapacity during representation.
Whether to breach confidentiality because of undue influence or safety concerns.
Whether to appoint a guardian because of complex or suspicious circumstances.
How to determine and document clients' capacity or lack thereof?
How to empower clients to act on their behalf when they can and how to supplement clients' abilities when they can't?
How can practitioners balance emergencies, unanticipated outcomes, and ethical issues?
What does one do when a client's incapacity impacts the client's ability to make decisions within the areas of the representation?
There are no concrete paths for us to follow and no discrete answers to these concerning questions, however, together, participants and panel members discuss case studies and legal analysis of the ethical rules that consider ethical duty, client dignity and safety, the rights of all during the representation, and overall conduct with Clients who have diminished capacity.
A lively discussion is anticipated. Please join us.
This course includes a panel discussion and case studies to identify legal and ethical tools that can be used to protect practitioners and clients from being victimized by clients' incapacity during representation.
Whether to breach confidentiality because of undue influence or safety concerns.
Whether to appoint a guardian because of complex or suspicious circumstances.
How to determine and document clients' capacity or lack thereof?
How to empower clients to act on their behalf when they can and how to supplement clients' abilities when they can't?
How can practitioners balance emergencies, unanticipated outcomes, and ethical issues?
What does one do when a client's incapacity impacts the client's ability to make decisions within the areas of the representation?
There are no concrete paths for us to follow and no discrete answers to these concerning questions, however, together, participants and panel members discuss case studies and legal analysis of the ethical rules that consider ethical duty, client dignity and safety, the rights of all during the representation, and overall conduct with Clients who have diminished capacity.
A lively discussion is anticipated. Please join us.
Course Content
2:00 pm - 2:05 pmIntroduction
2:05 pm - 2:15 pm
What is Incapacity
Kathryn McGuinness,
KMC Care Management, Chestnut Hill
2:15 pm - 2:25 pm
How to Facilitate or Undermine Client Self-Advocacy
Diane C. Pappas,
Solutions for Divorce, Gloucester
2:25 pm - 2:40 pm
Ethical Issues
Deborah Danger, Esq.,
DangerLaw LLC, Newtonville
2:40 pm - 2:55 pm
Practitioner Pointers
Sandra E. Lundy, Esq.,
Lundy Legal LLC, Provincetown
2:55 pm - 3:15 pm
Hypothetical 1
Panel
3:35 pm - 3:50 pm
Break
3:50 pm - 4:10 pm
Hypothetical 3
Panel
4:10 pm - 4:30 pm
Hypothetical 4
Panel
4:30 pm - 4:50 pm
Hypothetical 5
Panel
4:50 pm - 5:00 pm
Q&A
Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.
Speakers
CochairsDeborah Danger, Esq.,
DangerLaw LLC, Newtonville
Sandra E. Lundy, Esq.,
Lundy Legal LLC, Provincetown
Faculty
Hon. Brian J. Dunn,
Suffolk Probate and Family Court, Commonwealth of Massachusetts, Boston
Kathryn McGuinness,
KMC Care Management, Chestnut Hill
Diane C. Pappas,
Solutions for Divorce, Gloucester
