Lawyers may throw around the term “diminished capacity” in dealing with elders because they have to be aware of elders signing things they may not understand. Lawyers are supposed to protect against ...

In 1978, it was all about Twinkies. At least, it was in the courtroom. That was the year diminished capacity defenses in criminal cases became known nationally, when Dan White’s lawyers claimed White ...

The aging of the U.S. population presents both challenges and opportunities for the financial services industry. Adults over the age of 50 control more than 80% of U.S. assets. Meanwhile, nearly a ...

The possibility of dementia or other forms of diminished capacity among older clients begs the need for technical estate planning and thoughtful coordination with their families. That was the key ...

What are the ethical obligations of a California lawyer for a client with diminished mental capacity? The ethics committee of the State Bar of California answers this key question in draft Formal ...

This article emphasizes that lawyers must carefully evaluate clients with diminished capacity, follow ethical rules, and document risks before pursuing guardianship. The best approach is for clients ...

As you approach retirement - as if you don’t already have enough to worry about - a concern should be diminished capacity. Common sense, and a lot of statistics, tell us that as you age, the chance of ...

We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity. After receiving public comment, the State Bar’s Standing Committee on Professional ...