Jill Roamer, J.D. and Marchesa Minium, J.D.


Recent Posts

3 Ways an Attorney Can Help Navigate a Client's Family Conflict

By Jill Roamer, J.D. and Marchesa Minium, J.D. on Sep 12, 2018 1:18:00 PM

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All families have their challenges. Siblings fight. Children demand fairness. Parents lay down the law. When the family dynamic enters the legal realm, in addition to the law, attorneys must arm themselves with a bit of psychology know-how, too.

Elder law attorneys rely on a heightened degree of human interaction. Focus on the human element is more heavily emphasized in this unique area of law because the tasks within it involve family dynamics, familial history, finances, healthcare, and strong emotions. It is all too common for confusion and disputes to arise, from asset disagreements to caregiver misunderstandings. The very act of creating a plan for one’s life and death may create conflict among family members, partners, and friends of the planner.

Attorneys focusing on areas of elder law can lessen, and even prevent, many potential complications through careful navigation of the particular family’s distinctive complexities. The key to mitigating future challenges and familial fighting can be summed up into one word: COMMUNICATION. Most conflicts arise when parties are not on the same page.

Causes of Family Conflict

Topics: Elder Law
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Lawyering and the Diminished Capacity Client

By Jill Roamer, J.D. and Marchesa Minium, J.D. on Jul 24, 2018 8:49:00 AM

Lawyering and the Diminished Capacity Client

Every client is unique. Each one presents his or her own individual challenges and advantages. This is particularly true for lawyers with elder clients. As we age, our minds tend to slip. But at what point is this a concern for attorneys? Working with clients with questionable mental wherewithal is a recurrent concern amongst elder law and estate planning attorneys. Concerns are justified, as legal malpractice suits regarding the capacity of elder clients are swinging toward a higher burden of diligence by attorneys in the field.

What guidance do attorneys with aging clients have? How do they handle a client lacking the requisite mental capacity to transact? Can an attorney truly be certain that they have found a sufficient degree of lucidity?

There are steps that elder law and estate planning attorneys can take to protect themselves – and the client – when concerns of diminished capacity arise. The bottom line is that a diligent attorney will use common sense and established rules of assessments and conduct to decide whether their client is cognizant enough to utilize their services, and how to proceed from there.

Indications of Diminished Mental Capacity

Topics: Elder Law
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