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An Overview of Capacity and Undue Influence

Trusts and estates attorneys are routinely called upon to determine the capacity of clients or potential clients. But how do you determine if someone has legal capacity? Or is being inappropriately influenced by relatives, caregivers or friends? Making the appropriate determination of how to proceed as an attorney once incapacity is recognized is key for appropriate representation. Join Joe Morrill and Heather Matsumoto Hoekstra as they discuss these issues and more.

 

1.5 hours MCLE Credit, including 1.5 hours in Legal Ethics

Trusts and estates attorneys are routinely called upon to determine the capacity of clients or potential clients. But how do you determine if someone has legal capacity? Or is being inappropriately influenced by relatives, caregivers or friends? Making the appropriate determination of how to proceed as an attorney once incapacity is recognized is key for appropriate representation. Join Joe Morrill and Heather Matsumoto Hoekstra as they discuss these issues and more including:

  • How legal capacity and undue influence is determined under California law
  • Who is the client?
  • When to engage a neuropsychologist,
  • When and how to use a certificate of independent review
  • The significance of shifting the burden of  proof in undue influence cases, specifically “active participation in procuring the instrument”
  • An understanding of the standards required to perform legal acts and transactions

This program assumes some experience in trusts and estates and/or litigation.

On Demand ES54412-191

Live program recorded on June 27, 2018. 

 

If you are signed in and a CLE Passport holder, your adjusted price appears below.

$ 99.00

Trusts and estates attorneys are routinely called upon to determine the capacity of clients or potential clients. But how do you determine if someone has legal capacity? Or is being inappropriately influenced by relatives, caregivers or friends? Making the appropriate determination of how to proceed as an attorney once incapacity is recognized is key for appropriate representation. Join Joe Morrill and Heather Matsumoto Hoekstra as they discuss these issues and more including:

  • How legal capacity and undue influence is determined under California law
  • Who is the client?
  • When to engage a neuropsychologist,
  • When and how to use a certificate of independent review
  • The significance of shifting the burden of  proof in undue influence cases, specifically “active participation in procuring the instrument”
  • An understanding of the standards required to perform legal acts and transactions

This program assumes some experience in trusts and estates and/or litigation.

JOSEPH M. MORILL

JOSEPH M. MORILL

JOSEPH M. MORILL Joe’s practice concentrates on litigation, particularly cases involving will and trust disputes, financial elder abuse, fraud, conservatorships, and other related claims. Joe has represented private professional fiduciaries, trustees, executors, agents under durable powers of attorney, conservators, and other fiduciaries, trust beneficiaries, heirs, nursing homes, elders, and the family members or friends of elders, in all aspects of litigation, including both bench and jury trials. Joe is also experienced in all aspects of settlement negotiation and mediation, and is certified as a mediator included on the Contra Costa Superior Court Alternative Dispute Resolution Panel of Neutrals. Joe’s practice also includes estate planning, probate, and trust administration matters. He received his J.D., from Santa Clara University School of Law.

HEATHER MATSUMOTO HOEKSTRA

HEATHER MATSUMOTO HOEKSTRA

HEATHER MATSUMOTO HOEKSTRA'S practice concentrates on civil and probate litigation with particular focus on will and trust contests, forgery, fraud, and financial elder abuse. She also represents trustees in charitable trust modification and cy près matters. Before becoming a litigator, Heather was a Departmental Guest at Princeton University’s Program in Law and Public Affairs. She also worked with California’s Coastal Commission, Energy Commission, and Office of the Attorney General prior to obtaining her law license. Before making California her home, Heather was a greenhouse gas emissions analyst in Oxford, England. She received her J.D., from the University of California at Berkeley, School of Law (Boalt Hall).

Products specifications
PRODUCT GROUP CLE
MCLE HOUR 0.5 - 2
PRACTICE AREA Estate Planning
Products specifications
PRODUCT GROUP CLE
MCLE HOUR 0.5 - 2
PRACTICE AREA Estate Planning