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Understanding and Enhancing Client Capacity
April 7, 2021 @ 12:00 pm - 1:00 pm
This session, led by David Godfrey, senior attorney to the ABA Commission on Law and Aging, explores understanding of the capacity to make legal decisions and how to enhance capacity. We delve into how capacity is inferred from the legal ethics rules, and what to do when a client has diminished capacity. We will review a state-of-the-art checklist of assessing and documenting client capacity, and how capacity overlaps with exploitation, undue influence and fraud.