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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 will provide you with a practical guide to the most important ethical issues when lawyers represent elderly clients.
Handout Materials will be emailed to you prior to the seminar
1.0 MCLE Credit Hour, including 1 ethics hour
Thomas E. Spahn, McGuireWoods, LLP – McLean, Virginia
Missia H. Vaselaney, Taft, Stettinius & Hollister, LLP – Cleveland