Probate and estate attorneys often represent clients who are incapacitated by late age, illness or injury. There are often special considerations that arise in such situations, requiring sensitivity and knowledge of the pitfalls, problems and issues that can arise.
Our instructors discuss a variety of informative topics, including:
Typical causes of diminished capacity
Interviewing techniques lawyers can use to assess a client`s capacity
Combating financial elder abuse and other forms of undue influence
Identifying the client, and conflicts posed by representation of multiple family members and payment of fees by non-clients
Capacity required to execute various documents
Drafting in the face of questions of incapacity
Special issues with powers of attorney
Confidentiality of information – Communication with and help from family members; what third parties can help? What information can be released?
Related ethical issues for lawyers
PBI is pleased to cosponsor this program with the Philadelphia Bar Association Probate & Trust Law Section.
Joan K. Agran, Esq., McCausland Keen & Buckman, P.C., Radnor