Elder Law

4.54

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

Credits Available
Credit Status Total
Alaska 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
Hawaii CLE Approved 1 Total
Idaho CLE Approved 1 Total
Illinois 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 Approved 1 Total
North Dakota CLE Approved 1 Total
Nebraska CLE Approved 1 Total
New Hampshire CLE Approved 1 Total
New Mexico CLE Approved 1 Total
Nevada CLE Approved 1 Total
New York CLE Approved 1 Total
Oklahoma CLE Approved 1 Total
Oregon CLE Approved 1 Total
Pennsylvania CLE Approved 1 Total
Texas 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
OnDemand
59 minutes
Taso Milonas
With Taso M. Milonas from Taso M. Milonas, P.A.
Recorded January 31, 2024
Product ID 98000

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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

Related Topics

Product ID 98000

Credit Details

Credits Available
Credit Status Total
Alaska 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
Hawaii CLE Approved 1 Total
Idaho CLE Approved 1 Total
Illinois 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 Approved 1 Total
North Dakota CLE Approved 1 Total
Nebraska CLE Approved 1 Total
New Hampshire CLE Approved 1 Total
New Mexico CLE Approved 1 Total
Nevada CLE Approved 1 Total
New York CLE Approved 1 Total
Oklahoma CLE Approved 1 Total
Oregon CLE Approved 1 Total
Pennsylvania CLE Approved 1 Total
Texas 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
Select Jurisdiction
CLE

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

Taso M Milonas
Taso M.
Milonas
Taso M. Milonas, P.A.
Speaker bio
Taso M Milonas

Taso M. Milonas

Taso M. Milonas, P.A.
Taso Milonas

is admitted to practice before all courts in Florida and before the U.S. Tax Court. He received his LL.M. degree in taxation from the University of Florida Frederic G. Levin College of Law and his J.D. degree from Stetson University College of Law. Mr. Milonas has been qualified and testified as a subject-matter expert in state and federal courts in a number of areas, including estate planning, undue influence, breach of fiduciary duty, fiduciary accounting, Florida probate code, Florida trust code, Florida Uniform Principal and Income Act, federal income, gift and estate tax, and legal ethics. A significant portion of his practice is devoted to will and trust disputes in complex litigation throughout Florida, representing both fiduciaries and beneficiaries. Mr. Milonas is a Florida bar board-certified tax lawyer, and was recently appointed by the president of The Florida Bar to serve as a member of the Tax Law Certification Committee. Currently, less than 5% of all attorneys admitted to practice in Florida are board-certified. He serves individual clients and their advisors on a wide-range of legal matters in a variety of capacities, including lead counsel, co-counsel, special counsel, and subject-matter expert. Mr. Milonas currently serves on the Executive Council of The Florida Bar's Tax Section; and has served in various leadership roles, including director of its Federal Tax Division, chair of the Estate & Gift Tax Committee, and editor of Tax Section articles for The Florida Bar Journal. He has published numerous articles, and is a frequent lecturer before professional groups on tax, estate planning, and probate litigation.

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