Clients with Diminished Capacity: Assessing capacity, legal planning, advocacy, and ethical and professional duties

Shana Siegel
Shana Siegel
Norris McLaughlin, P.A.

Shana Siegel is Chair of the Elder Law & Special Needs group at Norris McLaughlin.

Ronald Fatoullah
Ronald Fatoullah
Meltzer, Lippe, Goldstein & Breitstone, LLP

Ronald Fatoullah Chairs the firm’s Elder Law Practice Group and is a Partner in the firm’s Trusts & Estates Practice Group.

On-Demand: September 23, 2024

2 hour CLE

This program is only available to All-Access Pass Members.
Subscribe to myLawCLEs All-Access Pass...
Get this course, plus over 1,000+ live webinars.
Learn More

Program Summary

Session I – Clients with Diminished Capacity: Assessing capacity and its impact on your ethical and professional duties – Shana Siegel

This session will provide an in-depth exploration of representation of clients with diminished capacity. Attendees will learn how to recognize signs of diminished capacity and understand the relevant legal and medical standards which may impact your representation. The session will also cover the ethical rules that come into play when representing clients with diminished capacity, as well as offering practical strategies for attorneys to avoid pitfalls.

Key topics to be discussed:

  • Recognizing and assessing diminished capacity
  • Legal and medical standards for capacity
  • Ethical and professional issues in representing clients with diminished capacity
  • Protecting yourself and your client

Session II - Legal Planning and Advocacy for Clients with Diminished Capacity – Ronald Fatoullah

Building on the foundational knowledge from the first session, this segment will focus on the practical tools and strategies necessary for protecting clients with diminished capacity. It will delve into advanced directives, powers of attorney, and guardianship, discussing when and how these legal instruments should be employed. The session will also address Medicaid planning and the management of public benefits.

Key topics to be discussed:

  • The importance of advance directives
  • Powers of Attorney, health care proxies (powers of attorney for health care decision-making), and living wills
  • Disposition of remains and burial/funeral pre-planning
  • Guardianships
  • Special Needs Trusts
  • How to pay for long-term care
  • Medicaid planning and eligibility
  • The Medicaid Asset Protection Trust

Closed-captioning available

Speakers

Shana Siegel_myLawCLEShana Siegel | Norris McLaughlin, P.A.

Shana Siegel is Chair of the Elder Law & Special Needs group at Norris McLaughlin. Shana concentrates her practice on representing older adults, individuals with special needs, and their families in connection with life care planning, public benefits, trust and estate planning and administration, resident rights, health care decision making, guardianships and long-term care advocacy. Shana has been certified by the National Elder Law Foundation (NELF) and is recognized as a member of the Counsel of Advanced Practitioners.

Prior to joining Norris McLaughlin, P.A., Shana was with WanderPolo & Siegel for over 10 years, five of which were as principal. She has been involved in health and long-term care issues for over 30 years. She is a past president of the New Jersey Chapter of the National Academy of Elder Law Attorneys (NAELA), where she regularly met with legislators and government officials on behalf of the elder law bar and their clients. Additionally, Shana has served as an officer for the New Jersey State Bar Elder & Disability Law Section and serves on the board of several nonprofits serving seniors and the disability community.

 

Ronald Fatoullah_myLawCLERonald Fatoullah | Meltzer, Lippe, Goldstein & Breitstone, LLP

Ronald Fatoullah Chairs the firm’s Elder Law Practice Group and is a Partner in the firm’s Trusts & Estates Practice Group.

Prior to joining the firm, Ron was the founder and principal of Ronald Fatoullah & Associates for over 35 years. The firm was perennially recognized as one of New York’s top Elder Law and Estate Planning firms. Ron has been devoted to advising New Yorkers about the legal and financial challenges of aging. He is highly regarded for his contributions and expertise in estate planning and administration, Medicaid planning, special needs planning, wills and trusts, probate, guardianships, and estate and & guardianship litigation.

A certified elder law attorney, Ron Chaired the Executive Committee of the Elder Law Section of the New York State Bar Association’s financial planning and Investments committee; Chaired the Board of the Alzheimer’s Association’s Long Island Chapter for over 10 years; and served on the Executive Council of AARP New York. He is a Fellow of the National Academy of Elder Law Attorneys, the highest honor bestowed by the organization. Ron lectures frequently on elder law, estate planning and aging; has appeared on numerous radio and television programs; and has been quoted in The New York Times, Newsday, The Wall Street Journal, the New York Law Journal, and Kiplinger’s. He has been honored by many organizations for his achievements and contributions to the senior community.

Agenda

Session I – Clients with Diminished Capacity: Assessing capacity and its impact on your ethical and professional duties | 1:00pm – 2:00pm

  • Recognizing and assessing diminished capacity
  • Legal and medical standards for capacity
  • Ethical and professional issues in representing clients with diminished capacity
  • Protecting yourself and your client

Break | 2:00pm – 2:10pm

Session II – Legal Planning and Advocacy for Clients with Diminished Capacity | 2:10pm – 3:10pm

  • The importance if advance directives
  • Powers of Attorney, health care proxies (powers of attorney for health care decision-making), and living wills
  • Disposition of remains and burial/funeral pre-planning
  • Guardianships
  • Special Needs Trusts
  • How to pay for long-term care
  • Medicaid planning and eligibility
  • The Medicaid Asset Protection Trust

Credits

Alaska

Approved for CLE Credits
1 General, 1 Ethics

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
1 General, 1 Ethics

Arkansas

Approved for CLE Credits
1 General, 1 Ethics

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
1 General, 1 Ethics

California

Approved for CLE Credits
1 General, 1 Ethics

Colorado

Pending CLE Approval
1 General, 1 Ethics

Connecticut

Approved for CLE Credits
1 General, 1 Ethics

District of Columbia

No MCLE Required
1 General, 1 Ethics Hours

Delaware

Pending CLE Approval
1 General, 1 Ethics

Florida

Approved via Attorney Submission
1 General, 1 Ethics

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
1 General, 1 Ethics

Hawaii

Approved for CLE Credits
1 General, 1 Ethics

Iowa

Pending CLE Approval
1 General, 1 Ethics

Idaho

Pending CLE Approval
1 General, 1 Ethics

Illinois

Pending CLE Approval
1 General, 1 Ethics

Indiana

Pending CLE Approval
1 General, 1 Ethics

Kansas

Pending CLE Approval
1 General, 1 Ethics

Kentucky

Pending CLE Approval
1 General, 1 Ethics

Louisiana

Pending CLE Approval
1 General, 1 Ethics

Massachusetts

No MCLE Required
1 General, 1 Ethics Hours

Maryland

No MCLE Required
1 General, 1 Ethics Hours

Maine

Pending CLE Approval
1 General, 1 Ethics

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
1 General, 1 Ethics Hours

Minnesota

Approved for Self-Study Credits
1 General, 1 Ethics

Missouri

Approved for Self-Study Credits
1.2 General, 1.2 Ethics

Mississippi

Pending CLE Approval
1 Ethics

Montana

Pending CLE Approval
1 General, 1 Ethics

North Carolina

Pending CLE Approval
1 General, 1 Ethics

Nebraska

Pending CLE Approval
1 General, 1 Ethics

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
1 General, 1 Ethics

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General, 1.2 Ethics

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 General, 1 Ethics

Nevada

Approved for Self-Study Credits
1 General, 1 Ethics

New York

Approved for CLE Credits
1.2 General, 1.2 Ethics

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
1 General, 1 Attorney Professional Conduct

Oklahoma

Pending CLE Approval
1 General, 1 Ethics

Oregon

Pending CLE Approval
1 General, 1 Ethics

Pennsylvania

Approved for Self-Study Credits
1 General, 1 Ethics

Rhode Island

Pending CLE Approval
1 General, 1 Ethics

South Carolina

Pending CLE Approval
1 General, 1 Ethics

South Dakota

No MCLE Required
1 General, 1 Ethics Hours

Tennessee

Approved for Self-Study Credits
1 General, 1 Ethics

Texas

Approved for CLE Credits
1 General, 1 Ethics

Utah

Pending CLE Approval
1 General, 1 Ethics

Virginia

Not Eligible
1 General Hours, 1 Ethics Hours Hours

Vermont

Approved for CLE Credits
1 General, 1 Ethics

Washington

Approved via Attorney Submission
1 Law and Legal, 1 Ethics

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

Ethics credits can ONLY be earned through Live-Webcast programs, the Wisconsin Board of Bar Examiners does not approve Ethics through On-Demand sessions.
West Virginia

Pending CLE Approval
1.2 General, 1.2 Ethics

Wyoming

Pending CLE Approval
1 General, 1 Ethics

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Register Now

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Preview
More CLE Webinars
Upcoming CLE Webinars
Deposing the Financial Expert (2025 Edition)
Deposing the Financial Expert (2025 Edition) Fri, March 14, 2025
Live Webcast
Microsoft Copilot 365 AI tool for Lawyers (Part 1)
Microsoft Copilot 365 AI tool for Lawyers (Part 1) Fri, March 14, 2025
Live Webcast
Dispositive Motions in Federal Court and Florida State Court
Dispositive Motions in Federal Court and Florida State Court Wed, March 19, 2025
On-Demand
Live Replay
Insurance and Bad Faith Litigation in Fire Loss Cases
Insurance and Bad Faith Litigation in Fire Loss Cases Thu, March 20, 2025
On-Demand
Live Replay
Divorce Law 101 (2025 Edition)
Divorce Law 101 (2025 Edition) Fri, March 21, 2025
Live Webcast
Gun Trust 101 (2025 Edition)
Gun Trust 101 (2025 Edition) Fri, March 21, 2025
On-Demand
Live Replay
Ethical Strategies with Law Firm Podcasts
Ethical Strategies with Law Firm Podcasts Mon, March 24, 2025
Live Webcast
AI-Generated Trade Secret Litigation
AI-Generated Trade Secret Litigation Wed, March 26, 2025
Live Webcast