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Elder Law News
Elder Law Attorneys Frequently Face Ethical Issues Arising Out Of Their Specialized Practice Of Law
Often these questions are related to the diminished capacity of a client. This article will briefly explore some of the ethical issues that may arise when a lawyer suspects that a client has become incompetent or unable to make adequately considered decisions. These ethical issues may include questions of conflicts of interest due to the involvement of children, caregivers, or the like in consultations with the lawyer, or because of successive representations, or because the person paying for services may not be the client. Other ethical issues may be related to the scope of the attorney’s representation, communicating with unrepresented parties, and confidentiality issues.
The situation may develop in this way. A lawyer has represented a client for a number of years with respect to estate planning issues. The lawyer is contacted by the client’s adult child, who believes that the client is becoming incapacitated, and may be at risk of harm from a caretaker whom the child believes is obtaining undue influence over the client. The child asks the lawyer for assistance in taking steps to protect the client, including possibly obtaining the child’s appointment as guardian of the client. At about the same time, the lawyer receives a letter from another attorney, enclosing a form signed by the client discharging him. The new attorney is demanding that the lawyer turn over the client’s file to her, and has directed the lawyer not to contact the client.
A lawyer is obligated to withdraw from the representation of a client when discharged. Mass. R. Prof. C. 1.16(a)(3). A lawyer is also required to return the former client’s file and other property within a reasonable time following the client’s request. Mass. R. Prof. C. 1.16(e).
Estimated that 820,000 elders became victims of elder abuse in 1994
The National Aging Resource Center on Elder Abuse (now the National Center on Elder Abuse) estimated that in 2004 there were 820,000 elders became victims of elder abuse. 106 percent increase in the number of reported cases between 1986 and 1994, from 117,000 to 241,000.
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Definition:
A general term that describes a range of medical, nursing, custodial, social, and community services designed to help people with chronic health impairments or forms of dementia.
Senior Centers
Definition:
A vital link in the service delivery network which older persons may avail themselves of, senior centers are functioning as meal sites, screening clinics, recreational centers, social service agency branch offices, mental health counseling clinics, older
Home Delivered Meals
Definition:
Sometimes referred to as ?meals on wheels,? home delivered meals are hot and nutritious meals delivered to homebound persons who are unable to prepare their own meals and have no outside assistance.
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