Got Capacity? Selecting and Applying Mental Capacity Standards

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Got Capacity? Selecting and Applying Mental Capacity Standards

Trusts & Estates Section

Credit(s):

1 Legal Specialization in Estate Planning; Trust & Probate Law
1 Participatory MCLE Credits

Course Number:

TE_03-25-21

Original Program Date:

March 25, 2021

Duration:

1 hour 1 minute

Access:

Available for 3 months after Registration

Passport:

This product is Passport Eligible

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Category: Trusts & Estates

Category: Trusts & Estates (show less)

As Baby Boomers age, lawyers increasingly face situations where clients or other parties have questionable mental capacity. What are the governing capacity standards in estate planning and other civil law contexts? How should an estate planner evaluate and document a client’s capacity to make or change an estate plan? What ethical obligations and potential liability does a lawyer have? How will a court review a mental capacity challenge to a document, and how does the estate planner’s testimony fit into the puzzle? In this webinar, we will review the rules (not always clear-cut) that apply to mental capacity and apply them to estate planning situations, with practical suggestions.

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