Scholarly Articles and Other Contributions
 

Document Type

Article

Publication Date

2013

Abstract

This Article suggests what an attorney should consider when representing a client suspected by the attorney of having diminished capacity, anticipating diminished capacity, or a client anticipating a response to the legal dilemmas posed by aging. So too, this Article suggests what an attorney should consider when retained by the family members of an allegedly incapacitate person. After providing demographics regarding aging, this Article will specifically address the attorney-client relationship in the context of the Model Rules of the American Bar Association. Next, this Article will integrate the attorney's responsibility regarding the proper execution of a Last Will and Testament, including the issues of capacity and undue influence. Then this Article will discuss the process of determining incompetency of an adult is sufficient for appointment of a guardian or conservator. This Article will provide illustrations from current cases, applicable professional conduct parameters, and commentary from practitioners offering guidelines for working with clients of diminished capacity. Overall, this Article seeks to provide usable practice parameters for attorneys working with an ever-increasing segment of the American population, the elderly.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.