CLE: Representing Aging Clients with Diminishing Capacity & Annual Section Election
Wed, March 10, 2021
12:00 PM - 1:00 PM CT
Presented by the BAMSL Probate and Trust Law Section
Section Election: 11:45 a.m. - 12:00 p.m.
CLE: 12:00 p.m. - 1:00 p.m.
As our population ages, lawyers are increasingly faced with the difficult task of assessing the capacity of clients who have diminishing capacity. Lawyers have ethical obligations both to ensure the client possesses the capacity necessary to take legal action, and to treat clients with diminished capacity as normally as possible. Lawyers are also required to take steps to enhance the client’s capacity when possible. This seminar will address an attorney’s ethical obligations when representing clients with diminishing capacity. Attendees will obtain tools for both assessing and documenting capacity (or lack thereof), and learn steps they can take to enhance a client’s capacity. The seminar will also address a lawyer’s ethical obligations when the lawyer determines the client lacks capacity, and steps the lawyer can take to protect the client if necessary. The information shared in this webinar will help attorneys both help their clients, and protect themselves against potential ethics complaints and malpractice claims.
- Prevalence of clients with diminishing capacity as our population ages;
- Attorneys’ ethical duties to assess capacity of clients, to treat clients with diminished capacity as normally as possible, and to enhance a client’s capacity;
- Use of the ABA’s Capacity Worksheet for Lawyers to both assess and document capacity;
- Steps to take when a client lacks capacity
Timothy F. McCurdy, Lashly & Baer, P.C.
Timothy F. McCurdy concentrates his practice in medical malpractice litigation defense, trusts and estates litigation, and elder law. Tim has more than fifteen years of experience litigating complex medical malpractice matters. Tim handles every aspect of a medical malpractice case, ranging from initial investigation to depositions and expert discovery through examination of witnesses at trial. Tim’s fiduciary litigation practice includes guardianship and conservatorships, trust disputes, and breach of fiduciary duties actions. Tim assists families through every stage of life with estate planning and elder law. Tim’s estate planning practice ranges from assisting families with young children plan for their future, to helping individuals approaching retirement to conduct legacy planning. As an elder law attorney, Tim also helps seniors protect their life-savings while ensuring access to the health care they need. Tim is licensed in Missouri and Illinois, and he is admitted to practice in the U.S. District Court for the Eastern District of Missouri, the U.S. District Court for Southern Illinois, and the Seventh Circuit Court of Appeals.
- “The Doctor Will See You Now (If You Signed the Arbitration Agreement)” , The Journal of the Missouri Bar, September/October, 2009
- Malpractice from A-Z: Being Sued? What to Do and What to Expect, Missouri Medicine, March/April, 2006
Classes & Seminars
- Introduction to Trusts and Estates Litigation, Missouri Bar CLE (2017)
- Qualifying for Medicaid While Minimizing Financial Loss, NBI (2015, 2016, 2017)
- DANGER! Ethical Trap Ahead! Representing Aging Clients with Diminishing Capacity, Missouri Bar CLE (2016)
- Mom is Going in the Nursing Home TOMORROW! Crisis Planning for Medicaid & VA Benefits, Missouri Bar CLE (2016)
- Evidentiary Rules Affecting Expert, Missouri Bar CLE (2017, 2014, 2012)
- Taking & Defending Effective Depositions – Deposition Goals, Laying the Foundation, and Case Investigation, Missouri Bar CLE (2017, 2014, 2013, 2012, 2011)
- Annual Law Update – Torts & Civil Actions, Missouri Bar CLE (2017, 2016, 2015, 2014, 2013, 2012, 2011)
The Zoom link will be at the bottom of your registration confirmation email and a reminder will be sent 24 hours prior.
It is BAMSL's policy to collect payment for events, meetings, and seminars prior to admittance to the event. If payment is not made during registration for the event then you will be required to pay upon check-in at the event. BAMSL may collect an administrative fee for registration cancellations or transfers made within seven (7) days of an event: $10 for one-hour CLE seminars, $25 for half-day CLE seminars and ticketed social and membership events, and $50 for full-day CLE seminars and conferences. Due to the cost of catering, no refunds will be given for pre-ordered meals unless BAMSL received the cancellation request at least seven (7) days prior to the event. All registration change, cancellation, and refund requests should be made in writing.
Wed, March 10, 2021
12:00 PM - 1:00 PM CT
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