Prospective elderly clients often are cognitively impaired or suffer from medical issues causing hearing or visual problems. The lawyer’s first meeting with such a potential client is often the first opportunity to determine whether the potential client lacks the requisite capacity to retain counsel and give instructions. This seminar considers the professional responsibilities, the law and practical strategies one might use to make that determination. The seminar will also consider the consequences of a person being unable to instruct counsel directly – whether a litigation guardian ought to be appointed, the role of the Public Guardian and Trustee and “Section 3 Counsel” in circumstances where the client’s capacity is be to put at issue in proceedings under the Substitute Decisions Act.

Topics include:

• Capacity to instruct
• Section 3 counsel
• Litigation guardian