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Working with the Diminished Capacity Client

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Time: 1:30 PM - 3 PM
Presenters: Mr. Kelly S. Davis
Ms. Laura Jean Jackson
Credits: 1.5 (including 1.5 ethics)

If your practice focuses on elder law, trusts and estates, commercial transactions, family law, or litigation, or if you have a general legal practice, sooner or later you will find yourself dealing with a client with diminished capacity. Under the ethics rules governing Wyoming attorneys, you are required to maintain a normal attorney/client relationship, but that may not always be possible. How do you know when your client lacks sufficient capacity to act in his own interest?

Whether a person has capacity often depends upon the situation. In this CLE session, the threshold ethical consideration of identifying who is the client will be addressed as well as how capacity factors into the attorney’s duty toward the client. The varying contextual definitions of capacity or competency will be explored and helpful tools for assessing capacity provided. To add value for those attending this session, practical tips will be offered for interviewing, assessing, and working with aging individuals who may be showing signs of diminished capacity.