A dementia diagnosis does not automatically mean a client has lost the ability to make legal decisions. Attorneys often must evaluate capacity while balancing family involvement and a client's ability to execute important planning documents.

 

In this webinar Certified Elder Law Attorney Todd Whatley will explore the ABA's recent revisions to Rule 1.14 and how the approach to capacity is evolving. The updated rule recognizes that decision-making ability is not always all-or-nothing. Instead, it encourages attorneys to consider whether a client can make a specific decision with appropriate support rather than relying solely on a diagnosis.

 

Todd will discuss practical strategies for working with clients experiencing dementia or cognitive decline. He will address how to involve family members without allowing them to control the representation, and when protective action may or may not be appropriate. Attendees will gain insight into assessing decision-making ability and reducing risk while helping clients maintain as much autonomy as possible.

 

Whether you handle Medicaid crisis cases, estate planning, guardianship matters, or long-term care planning, this session will provide valuable guidance for one of the most challenging and frequently encountered issues in elder law practice.