Jeffrey Galvin, of Downey Brand LLP, has made available for download his article, “Ethics Opinion Guides Lawyers on Counseling Clients with Diminished Capacity”, published in JDSUPRA. The abstract is as follows:
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 Opinion No. 13-0002, with public comment due by August 24, 2021.
While all lawyers may represent clients who have questionable capacity, the situation arises with frequency and urgency for estate planning attorneys. The opinion interprets the California Rules of Professional Conduct as amended in 2018. Along with the updated ethics guide recently published by the Trusts and Estates Section of the California Lawyers Association, the opinion will provide key guidance to lawyers navigating their ethical duties.
Posted by Marin Larkin, Associate Editor, Wealth Strategies Journal.