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

It’s amazing how technology has been transforming the estate planning industry. What was once a maze of paperwork is now mostly digitized, with organized, easy-to-use online files. If you’re curious about which legal technologies can help you the most as an estate planning attorney, this blog is for you.

When it comes to transferring wealth to younger generations, not all beneficiaries are responsible enough or prepared to handle a large inheritance. This is where incentive trust provisions come in. They can be used to discourage bad behavior and motivate beneficiaries to make responsible life choices, so that they are ultimately better prepared to handle their inheritance.