Elder law is among the most rewarding areas of law. Today, approximately one in seven people is an elder and some figures project this population to reach approximately 98 million by the year 2060. These numbers are also an indication that your elder law practice will be very lucrative for many years to come. There is no question that there is plenty of reward — both personally and financially — for elder law attorneys. But when it comes to the unique knowledge base that’s necessary to succeed, there is a lot that must be learned and understood.

When it comes to practicing law, time is money and time saved is not only money saved, but also potentially earned. In order to effectively run a law practice, attorneys must learn how to streamline legal processes if they are going to have enough time to promote their services, stay on top of continuing legal education requirements, grow their practices, and have enough time to spend with friends, family and pursuing personal hobbies.

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