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This program was recorded on January 22, 2019
Lawyers should be familiar with the standards of capacity for specific legal transactions under statutory and case law. This includes areas such as contracts, criminal law, executing advance directives and guardianship proceedings. We will also discuss the “red flags” or signs of diminished capacity that a lawyer may observe in a client as well as the ethical guidelines for assessing capacity. Last, we will explore the “Mental Health Legal Tool Kit”, offering creative legal solutions to difficult mental health issues.
Carolyn Reinach Wolf
Carolyn Reinach Wolf is an Executive Partner in the law firm of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP and Director of the Firm’s Mental Health Law practice. She is the only attorney in the country with a family-focused mental healthcare practice. Supported by a team of expert clinicians, she specializes in guiding families through the complex landscape of legal issues that impact loved ones with serious mental illness and/or substance abuse issues. She also represents institutions, such as major hospital systems, community hospitals, skilled nursing facilities, and outpatient programs, consulting on matters including capacity, mental hygiene law, end of life decision making, development and ongoing functioning of ethics committees, advance directives, and institutional review boards. She also represents mental health and healthcare professionals, and higher educational institutions.
0.5 General & 1 Ethics Credit
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- Legal standards of diminished capacity.
- Signs of diminished capacity that a lawyer may observe.
- Standards of capacity for specific legal transactions.
- Ethical Guidelines for Assessing Capacity (Model Rule 1.14).
- “Mental Health Legal Tool Kit”.