This training will explore the elements of legal capacity and how capacity can be inferred from the Model Rules of Professional Conduct. Presenters will provide an overview of the ethical issues of representing a client with diminished capacity and explore strategies for advocates to conduct person-centered capacity assessments and provide services.
Presenters will share:
• Elements of legal capacity and the relevant Model Rules of Professional Conduct;
• Strategies to address unconscious bias in assessment of capacity;
• Promising practices for incorporating decision supports and trauma-informed lawyering in capacity evaluations and representation; and
• The latest updates to the ABA checklist for assessing legal capacity (the first major revision in 15 years).
• David Godfrey, Senior Attorney, ABA Commission on Law and Aging
• Vivianne Mbaku, Senior Staff Attorney, Justice in Aging