The ABA’s Commission on Law and Aging and the American Psychological Association have collaborated to produce “Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers.”  The handbook offers a conceptual framework for addressing problems of client capacity that can assist elder law attorneys, trusts and estates lawyers, family lawyers and general practitioners..  It provides a practical system for addressing these problems, in some cases with help from a clinician.

 
Questions answered in the handbook include:

1.         What are the legal standards of diminished capacity?

2.         What are clinical models of capacity?

3.         What signs of diminished capacity should a lawyer look for?

4.         What mitigating factors should a lawyer take into account?

5.         What legal elements and factors from ethical rules should a lawyer consider?

6.         How might a lawyer categorize judgments about client capacity?

7.         Should a lawyer use formal clinical assessment instruments?

8.         What techniques can lawyers use to enhance client capacity?

9.         What are the pros and cons of seeking an opinion from a clinician?

10.        How can a lawyer identify an appropriate clinician?

The cost of the handbook is $25 and it may be obtained from the ABA by visiting its Web site.  The product code is 4280025.

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