Planning for Diminished Capacity

Richard Mayberry taught this class or sections of it to lawyers nationwide for continuing legal education: 

Make sure your clients know their options in planning for incapacity

In honor of the fourth annual National Health Care Decisions Day, NBI brings you an attorney's guide to helping clients prepare for diminishing capacity. Planning for incapacity is a sensitive topic for most clients, but putting the right decisions in place now could save their family money, time and, most importantly, the agony of guessing at their life/death wishes later. Help your clients make these monumental decisions while thinking clearly and keep the control of their finances and health decisions to the very end. Register today!
Determine what role the settlor will play by weighing the pros and cons of establishing an irrevocable trust over a revocable trust.
Understand the uses and limitations of a durable power of attorney.

Effectively guide your clients through decisions on prolonging life with medical treatments.
Look below for more information on this program AND how to register for this teleconference!

Using Advance Directives for Medical Care
    1. Introduction to Advance Directives
    2. Brief History of Advance Directives
    3. Evaluating Advance Directives
      1. Statutory Form Features
      2. Capacity
      3. Execution Formalities
    4. Client Discussion: Withholding or Withdrawing Life-Prolonging Medical Treatment
      1. Familiarizing the Client With the Options
      2. Impact of Organ Donation
      3. Deviating From the Statutory Form
      4. Resolving Enforcement Disputes


Presenter: Richard Mayberry

  1. What is Diminished Capacity?
    1. Competency vs. Diminished Capacity
    2. Levels of Capacity
    3. Presumption of Mental Capacity
    4. Difficulty in the Determination
    5. Dementia and its Stages; Alzheimer's
    6. Video Taping and Mini-Mental Status Examination
    7. Maximizing Capacity of Older Adults
  2. Revocable Trusts Versus Wills
    1. Avoiding Probate
    2. Possible Capacity Differences
    3. Protecting Privacy
    4. Taxes
    5. Creditor Access
  3. Irrevocable Trusts
    1. Advantages
    2. Disadvantages
    3. Capacity Issues
    4. Tax Effects
    5. Estate Tax
    6. Income Tax
    7. Creditor Access
  4. Durable Powers of Attorney
    1. Common Law Effect of POAs
    2. Durability
    3. Limitations
    4. Privacy Concerns

Cleared for CLE in These States