Elder Abuse and the Duty of Confidentiality

By Jill Roamer, JD, CIPP/US on Nov 26, 2019 12:37:00 PM

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According to the National Council on Aging, 1 in 10 elders in the U.S. have experienced some form of abuse, yet only 1 in 14 is reported. It is a sad reality that there are elders in our communities that suffer from various forms of abuse. Financial, physical, and sexual abuse are common examples of the ways in which our older generation is exploited and endangered. Unfortunately, elder law attorneys are likely to encounter such a client at some point during the course of their careers.

Every lawyer is, or definitely should be, familiar with the Rules of Professional Conduct for the states in which they practice. A primary tenet of lawyering is the duty of an attorney to keep their client’s disclosures confidential. With that in mind, how does an attorney balance the need to keep client information confidential with a moral or legal requirement to disclose potential elder abuse?

Do the duties of confidentiality prevent disclosure?

Topics: Elder Law
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How To Make The Most of Your Clients' Retirement Account

By WealthCounsel Staff on Nov 22, 2019 10:00:00 AM

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For many estate planning clients, retirement assets will be the largest asset they own at their death. Passing retirement accounts to intended beneficiaries requires special knowledge and careful planning.

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Current Developments in Estate Planning and Business Law: November Review

By WealthCounsel Staff on Nov 15, 2019 10:15:00 AM

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From long-awaited guidance on the tax treatment of cryptocurrency to the banning of forced arbitration agreements for workers in California—we’ve recently seen some impactful developments in estate planning and business law. To ensure that you stay abreast of these legal changes, we’ve highlighted five noteworthy developments and analyzed how they may impact your estate planning and business law practice. 

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