Ethical Issues in Making Capacity Decisions

Accreditation Wreath Icon AL
SKU: ETH3800
All Courses Available iOS/Android Web

All Courses Available iOS/Android Web

About This Course

Substance abuse, alcohol abuse, old age and mental illness are just some of the factors that can contribute to an individual’s capacity to act in a legal environment. This designation is typically a medical determination and the aging population as well as prevalence of mental illness diagnoses and incidences of substance and alcohol abuse has drastically increased the application of capacity in legal cases. While capacity is widely known as an issue in criminal matters, this CLE course will review applicable civil matters such as whether said party has the capacity to enter into a contract or sue pursuant to a contract, executing such directives as Power of Attorney or Living Wills, function as Guardians or Healthcare Proxies, and exercise the right to consent to or refuse medical treatment. The course will explain how capacity may be defined as it applies to a particular area of law. The course will also explain the difference between capacity and competence, ABA Model Rule 1.14: Client with Diminished Capacity, and analyze capacity standards for specific legal transactions.
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