Representing Clients with Diminished or Decreased Capacity

Taking care of a loved one with diminished or decreased capacity is a valiant but demanding task.  At times, it can be very difficult to remain impartial while making decisions for or with your loved one. Acting in their best interest is the most important objective of your loved one's care. In some cases, it may be in you and your loved one's best interest to hire an attorney to represent your loved one. Attorneys have a professional responsibility to act in the best interest of clients with diminished or decreased capacity.

Representing Clients Who Lack Capacity

Attorneys must follow the Modern Rules for Professional Responsibility when representing a client. Within the rules, there are specific sections that dictate that an attorney must take reasonably necessary protective action to prevent clients with diminished or decreased capacity from financially or physically harming themselves. 

Attorneys also use their best judgement to determine when a client lacks capacity. As a loved one, it may be difficult at times to discern whether or not your loved one’s decision is due to diminished or decreased capacity, or if he or she is making a decision that you do not agree with. This is an instance when a neutral third party can intervene while working in the best interest of your loved one.

Speak with an experienced Smith Strong attorney about your options of representation of a loved one with diminished or decreased capacity. Contact Smith Strong, PLC today for more information. Please call one of our offices at (804) 325-1245 (Richmond) or (757) 941-4298 (Williamsburg).