Representing Clients with Diminished & Fluctuating Capacity

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 adult children who stop taking their medication, who harm themselves, or who need medical assistance but cannot or will not get it, are stressful for parents and caregivers who often find themselves overwhelmed by the whirlwind of medical and legal issues surrounding these times of crisis. Additionally, there is an ever-growing body of seniors who have various degrees of capacity that ebb and flow according to medications they are willing to take. Practitioners assisting these clients often find themselves balancing legal issues with the medical crisis.

This program helps practitioners guide a client through a crisis in which a family member or loved one is struggling with a temporary limited capacity due to mental health issues, dementia, substance abuse, and the like. The program also proffers planning steps you can take anticipating a client's decline and vulnerability. Expert practitioners guide you through the process of how and when to use a guardianship or conservatorship in a crisis situation where the individual has fluctuating capacity. Learn how to navigate among different courts that address mental health issues and involuntary placement, and also about potential options for help outside of the court system.