Trusts & Estates Section: Increase in Litigating Testamentary and Other Forms of Capacity(live teleconference available)*
Presenter: Susan A. King, Monroe Moxness Berg PA
Litigating Issues of Capacity: Addressing the increase in cases involving questions of capacity by identifying the definitions of capacity, understanding the legal issues, and learning practical solutions.
More detailed description below.
Time: 12:00 to 1:00 p.m.
Registration (and lunch): 11:30 a.m. to 12:00 p.m.
Location: First National Bank Bldg Training Room, 332 Minnesota Street, St. Paul
Credit: 1 Standard Credit approved; Code # 177863
Cost (includes lunch): $20 RCBA members; $30 non-members
Teleconference Cost: $30 RCBA members; $40 non-members
The statistics on our aging population are staggering. Because of the enormity of the number of individuals aging, coupled with the prevalence of cognitive decline, it is likely that there will continue to be a dramatic shift in the Elder Law landscape, including an increased number of families at odds over financial resources and decision making, medical decision making, and ultimate control over the family estate and/or legacy. Varying levels of capacity also put an individual at risk for being unduly influence – a common term, unfortunately, among Elder Law attorneys. This one-hour meeting will identify the legal definitions of capacity, diminished capacity and undue influence; as well as the applicable burdens of proof, red flags, and suggestions on how to approach situations involving persons with limited capacity.
*Participants may attend this CLE via teleconference for $30 for RCBA members and $40 for non-RCBA members. Please send an email to firstname.lastname@example.org or call 651.222.0846 to arrange for attendance via live teleconference. Instructions for accessing the teleconference will be sent prior to the CLE. We cannot offer the live teleconference to law students for free. Law students may still attend the live presentation for free (not including lunch).