TELESEMINAR: Ethical Issues in Representing Elderly Clients – A National Perspective
April 30, 2013
12:00 – 1:00 p.m.
1.00 MCLE hours, including 1.00 Professional Responsibility MCLE credit hours (PMCLE credit subject to approval)
Representing or working with elderly clients accentuates every ethical duty an attorney has to a client. The elderly are often physically, psychologically and socially vulnerable, dependent on the care of others. Attorneys must be vigilant in guarding clients against the use of undue influence in their financial or estate planning, and more broadly against physical or psychological abuse. The elderly often have significant health issues that impact their estate planning decisions. Attorneys must be exceptionally careful to hold that information in confidence and yet make certain disclosures necessary to protect their clients’ interests. Elderly clients may also have diminished capacity to make material legal decisions. In these and many other instances, attorneys need to have a heightened awareness of ethical issues and traps in representing the elderly. This program will provide you with a practical guide to ethical duties in representing or working with the elderly, including conflict, confidentiality and capacity issues.
- Conflicts – representing couples or multiple members of a family
- Confidentiality – safeguarding health care and other information, and making reasonable disclosures to protect clients
- Capacity – understanding whether a client is competent to make decisions and what do if they are not
- Gifts – when and how can lawyers except gifts from clients
- Payment – what are your duties if someone else pays for the representation?
- Abuse – spotting mistreatment and reporting issues
Julia B. Meister, Taft, Stettinius & Hollister, LLP, Ohio
*Professional Responsibility MCLE credit subject to approval