New San Fernando Valley Bar Article on Ethical Pitfalls Representing Elderly Clients

• Independent Capacity Assessments: Why attorneys cannot ignore “red flags” and must scrutinize prospective transactions for signs of exploitation during the initial consultation.
  
  
• Transparent Communication: The importance of open dialogue with existing fiduciaries, trustees, and attorneys-in-fact to mitigate risk, rather than relying solely on standard outgoing notifications.
  
  
• Avoiding Isolated Meetings: Why attorneys should avoid meeting vulnerable elders in secret and instead utilize trusted third parties or interpreters to safeguard the validity of retainer agreements.
  
  
• Establishing the Presumption of Competence: How to effectively utilize the Probate Code and AB 1663 during trial to ensure the court is aware of an elderly client’s true intent and functional capacity, noting that a medical diagnosis alone is not dispositive of legal capacity.

We invite you to read the full article to ensure your practice remains protected while navigating the complex statutory framework of elder abuse laws.