Ethical Issues When Representing the Elderly

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Description

Many ethical issues arise when lawyers represent elderly clients. Foremost among these issues is determining whether a client has the capacity to make valid decisions – and if not, then what?

There are many conflict of interest issues, including whether direction is taken from the elderly person or another person (often an adult child) who is paying for the representation. There are also issues involving the exercise of undue influence by a caregiver or other person, including the validity of gifts to that person.

Issues of preserving confidentiality and the attorney-client privilege when meetings are held in the presence of children or caregivers are also very important.

This program provides a practical guide to the most important ethical issues when lawyers represent elderly clients.

Determining whether your elderly client has capacity – and identifying your client
Practical alternatives if you determine a client doesn't have capacity
Conflicts of interest between the elderly client and the person paying for the representation, including the validity of gifts
Preserving confidentiality and the attorney-client privilege when a caregiver or third party is in client meetings
Clients who lose capacity during a continuing representation
Ethical issues involved with undue influence over the elderly – what should you do?
Elder abuse issues – how to spot it and what to do if you discover it

Contributors

Thomas E. Spahn

Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections. For more than 20 years he has lectured extensively on legal ethics and professionalism and has written "The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner's Guide," a 750 page treatise published by the Virginia Law Foundation. Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School

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Missia H. Vaselaney

Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses. She also represents clients before federal and state taxing authorities. Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001. Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.

Click here for more information about Missia.

Thank you

Description

Contributors

Thomas E. Spahn

Missia H. Vaselaney