Tag: Andersen v. Hunt

Final Ethics Opinion Guides Lawyers on Clients with Diminished Capacity

We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity. After receiving public comment, the State Bar’s Standing Committee on Professional Responsibility and Conduct has now finalized Formal Opinion Number 2021-207, which is close in content to the earlier opinion.… Continue Reading

Ethics Opinion Guides Lawyers on Counseling Clients with Diminished Capacity

What are the ethical obligations of a California lawyer for a client with diminished mental capacity?  The ethics committee of the State Bar of California answers this key question in draft Formal Opinion No. 13-0002, with public comment due by August 24, 2021. While all lawyers may represent clients who have questionable capacity, the situation … Continue Reading

“Mental Health Disorder” Must Be Proven Along with Delusion

When are delusions enough to invalidate an estate plan?  The California Court of Appeal addressed that issue earlier this month in Eyford v. Nord (2021) 62 Cal.App.5th 112. The case involves a 90-year-old woman who favored a charity and disinherited the two grandchildren with whom she had been close.  The appellate court found that California … Continue Reading
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