Representing Clients with Diminished & Fluctuating Capacity
The lawyer’s role—including advice for addressing problems of client capacity
- Product Number: 2180108RBC
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CLE Credits, earn up to:
3 substantive credits, 0.5 ethics credits CLE Credit Note -
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Product Description
Product Description
Estate planners and practitioners must take steps to assist their impaired client without violating obligations pursuant to the Massachusetts Rules of Professional Conduct while simultaneously managing their duty to adequately represent their client’s interests. Scenarios involving children who stop taking their medication, who harm his or herself, or who need medical assistance but cannot or will not get it, are frightening for parents. Additionally, family members with adult loved ones who are experiencing a—hopefully—temporary difficulty also need to take precautions when encountering these circumstances. How can lawyers navigate this new territory in light of evolving laws and help family members get what they need, be it a medical certificate or access to vital information?
This program helps practitioners guide a client through a crisis in which a family member or loved one is struggling with a temporary limited incompetence due to mental health issues, substance abuse problems, and the like. Expert practitioners walk through the process of how and when to use a guardianship or conservatorship in a crisis situation where the individual is not permanently incapacitated. You learn how and when to use the district court for involuntary placement, how to navigate the courts when an individual also has criminal issues pending as a result of their mental health crisis, and also about potential options for help outside of the court system.
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Agenda
Agenda & Materials
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9:00 am - 9:05 am
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9:05 am - 9:35 am
Best Planning Practices for Working with Clients with Diminishing or Fluctuating Capacity
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9:35 am - 10:05 am
The Care Manager
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10:05 am - 10:35 am
The Trustee's Perspective
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10:35 am - 11:05 am
Ethical Issues Impacting Client Representation and Professional Liability
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11:05 am - 11:35 am
Involuntary Commitments and Court as an Option
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11:35 am - 12:00 noon
Hypothetical Discussion, "Ask the Experts" Q&A Session, and Key Takeaways
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Special Program Materials:
Please Note
MCLE webcasts are 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.
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