The Ethical, Legal, And Practical Considerations Involving The Financial Exploitation Of Seniors
It is a well-documented fact that elder abuse and financial exploitation are on the rise nationwide. For Attorneys and Financial Advisors, this raises many questions: What is financial exploitation? How do you identify its victims and perpetrators? What are the legal standards for mental capacity and undue influence?
This one-hour Word on the Street program will cover:
- Deathbed changes to an estate plan, exploring the issues of testamentary capacity and undue influence.
- Transfer of an incapacitated or elderly relative, specifically covering the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act and how it would apply under differing circumstances.
- Representing and protecting a client with diminished capacity.
- Ethical issues in identifying your client in problem situations, in and out of the estate planning arena.
- Breach of fiduciary duty by a trustee.
- Discussion of the application of the Uniform Trust Code, obligations imposed by the Trust Code, and remedies under the Trust Code.
- Lawyers representing trustees and other fiduciaries
- Representing a trustee who is accused of breaching a fiduciary duty, and lawyer liability arising therefrom.
- What to do when there is no health care directive. Discussions of different options and analysis of case law in jurisdictions around the country.
CLE: 1.5 ethics credits
States Pre-Approved: AR, CA, ME, MO, NJ, NY, OK, PA, VT
(AK, AZ, CT, NH eligible to claim credit)
States Pending Approval: CO, FL, GA, IL, NC, OH, TX, UT
We will apply for approval in other US states as registrations warrant*, with exception to the following: KS, RI, VA, WA, WI**
* Approval process times will vary
** We will supply you with the information needed to self-apply