Elder Law

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Representing Clients With Diminished Capacity: Top Dos and Don'ts

Credits Available
Credit Status Total
Alaska CLE Reciprocity 1 Total
Alabama CLE Approved 1 Total
Arkansas CLE Approved 1 Total
Arizona CLE Approved 1 Total
California CLE Approved 1 Total
Colorado CLE Approved 1 Total
Connecticut CLE Approved 1 Total
Delaware CLE Approved 1 Total
Florida CLE Approved 1 Total
Georgia CLE Approved 1 Total
Hawaii CLE Approved 1 Total
Iowa CLE Upon Request 1 Total
Illinois CLE Approved 1 Total
Indiana CLE Approved 1 Total
Kansas CLE Upon Request 1 Total
Kentucky CLE Approved 1 Total
Maine CLE Approved 1 Total
Minnesota CLE Approved 1 Total
Missouri CLE Approved 1.2 Total
Northern Mariana Islands CLE Approved 1 Total
Montana CLE Upon Request 1 Total
North Carolina CLE Approved 1 Total
Nebraska CLE Approved 1 Total
New Hampshire CLE Approved 1 Total
New Jersey CLE Approved 1.2 Total
New Mexico CLE Approved 1 Total
Nevada CLE Approved 1 Total
New York CLE Approved 1 Total
Ohio CLE Approved 1 Total
Oklahoma CLE Approved 1 Total
Pennsylvania CLE Approved 1 Total
South Carolina CLE Approved 1 Total
Tennessee CLE Approved 1 Total
Texas CLE Approved 1 Total
Utah CLE Approved 1 Total
Virginia CLE Approved 1 Total
Vermont CLE Approved 1 Total
Washington CLE Approved 1 Total
Wisconsin CLE Approved 1 Total
West Virginia CLE Approved 1.2 Total
Wyoming CLE Upon Request 1 Total
Live Online
1 hour
Robert Harper
With Robert M. Harper from Farrell Fritz, P.C.

Fri, Aug 21, 00:00 AM – 00:00 PM

Product ID 102256

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$199

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Overview

Determination, Disclosure, and Protective Actions

Client capacity is essential to the attorney-client relationship. Calling capacity into question casts a shadow over every action the client and the attorney take. This legal guide offers practical approaches to screening for diminished capacity, proving and disproving capacity, and best practices for disclosure and protective actions. As the population ages, this becomes an indelible skill for every attorney. Register today!

  • Spot early signs of memory loss and cognitive decline and look out for common masking behaviors.
  • Explore the use of experts in proving and disproving client capacity.
  • Determine the role psychoactive medication plays in determining capacity.
  • Clarify what attorneys can and must do in addressing the changes in the client's mental condition.

Abbreviated Agenda

  1. Determining Capacity, Simple Questions to Ask as Matter of Course, Spotting Masking Behaviors
  2. Psychoactive Medications and Client Capacity
  3. Use of Experts to Prove and Disprove Capacity
  4. Documenting Capacity
  5. Disclosure of the Client's Condition
  6. Taking Protective Action, When to Seek Guardianship
  7. Undue Influence and Succession

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Related Topics

Product ID 102256

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 1 Total
Alabama CLE Approved 1 Total
Arkansas CLE Approved 1 Total
Arizona CLE Approved 1 Total
California CLE Approved 1 Total
Colorado CLE Approved 1 Total
Connecticut CLE Approved 1 Total
Delaware CLE Approved 1 Total
Florida CLE Approved 1 Total
Georgia CLE Approved 1 Total
Hawaii CLE Approved 1 Total
Iowa CLE Upon Request 1 Total
Illinois CLE Approved 1 Total
Indiana CLE Approved 1 Total
Kansas CLE Upon Request 1 Total
Kentucky CLE Approved 1 Total
Maine CLE Approved 1 Total
Minnesota CLE Approved 1 Total
Missouri CLE Approved 1.2 Total
Northern Mariana Islands CLE Approved 1 Total
Montana CLE Upon Request 1 Total
North Carolina CLE Approved 1 Total
Nebraska CLE Approved 1 Total
New Hampshire CLE Approved 1 Total
New Jersey CLE Approved 1.2 Total
New Mexico CLE Approved 1 Total
Nevada CLE Approved 1 Total
New York CLE Approved 1 Total
Ohio CLE Approved 1 Total
Oklahoma CLE Approved 1 Total
Pennsylvania CLE Approved 1 Total
South Carolina CLE Approved 1 Total
Tennessee CLE Approved 1 Total
Texas CLE Approved 1 Total
Utah CLE Approved 1 Total
Virginia CLE Approved 1 Total
Vermont CLE Approved 1 Total
Washington CLE Approved 1 Total
Wisconsin CLE Approved 1 Total
West Virginia CLE Approved 1.2 Total
Wyoming CLE Upon Request 1 Total
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Agenda

All times are shown in

  1. Representing Clients With Diminished Capacity: Top Do's and Don'ts

    1. Determining Capacity, Simple Questions to Ask as Matter of Course, Spotting Masking Behaviors
    2. Psychoactive Medications and Client Capacity
    3. Use of Experts to Prove and Disprove Capacity
    4. Documenting Capacity
    5. Disclosure of the Client's Condition
    6. Taking Protective Action, When to Seek Guardianship
    7. Undue Influence and Succession

Who Should Attend

This legal course is designed for attorneys. Fiduciaries, disability representatives, and paralegals will also benefit.

Speakers

Robert M Harper
Robert M.
Harper
Farrell Fritz, P.C.
Speaker bio
Robert M Harper

Robert M. Harper

Farrell Fritz, P.C.
Robert Harper

is a partner with Farrell Fritz, P.C. in Uniondale, New York. He is a seasoned estates, trusts, and guardianship litigator who advises individuals, families, charities, and corporate fiduciaries. Appearing before the Surrogate's Court and the Supreme Court, Mr. Harper handles a wide range of proceedings including will and trust contests, contested accounting proceedings, contested guardianship proceedings, marital agreement challenges, fiduciary removal applications and surcharges, kinship proceedings, asset turnover proceedings, and more. He also has experience as a court-appointed guardian ad litem and mediator in Surrogate's Court proceedings. In addition to his work with Farrell Fritz, Mr. Harper is a special professor of law at Hofstra University School of Law and coaches Hofstra's moot court teams. With a vast background as a practitioner and professor, he is a frequent lecturer on trusts and estates topics and a contributor to the firm's New York Trusts & Estates Litigation blog. Mr. Harper has been recognized by Best Lawyers in America for his Litigation - Trust and Estates practice (2024-present) and listed as one of Long Island Business News' Leaders in Law (2024). He earned his J.D. degree at Hofstra University's Maurice A. Deane School of Law, and is admitted to practice in New York and New Jersey.

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