Thursday, October 10, 1:00–2:00 p.m. ET
| MCLE Credit: | 1.0 (Ethics: 1.0) |
| Live-Interactive Credit: | 1.0 (all formats) |
| Designation Credit: | 1.0 Ethics |
Attorneys make judgments about a client’s capacity every time they communicate with a client, whether they realize it or not. Typically, it is only when a client appears to struggle with or is unable to make an informed, independent choice that an attorney’s capacity determination becomes a conscious process.
This course will inform both elder law and non-elder law attorneys as to the legal and clinical considerations involved in making a capacity determination. It will review the major Virginia statutory provisions addressing incapacity both directly and indirectly.
The comprehensive outline will also address the ethical issues that arise when dealing with clients with diminished capacity including issues addressed in LEOs 1816, 1893, and 1894, as well as a detailed review of Rule 1.14 of the Rules of Professional Conduct.
Registration Deadlines:
Webcast: | 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials. |
Telephone: | Online registration ends at 11:59 p.m. the day preceding the seminar |
Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE®.
Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.
Inclement Weather Policy and Updates.
MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.
Can’t Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program’s seminar materials are made available for sale.
1:00 | Ethical Issues That Arise When Serving Clients with Diminished Capacity in Virginia |
2:00 | Adjourn |
Simon J. Stapleton, Stapleton Elder Law / Charlottesville (Speaker and Materials Co-author)
Neal L. Walters, Scott Kroner, PLC / Charlottesville (Materials Co-author)
Simon J. Stapleton, Stapleton Elder Law / Charlottesville (Speaker and Materials Co-author)
Simon Stapleton has been practicing estate planning and elder law in Central Virginia since 2000. His practice concentrates on asset protection with an emphasis on pre-planning. In addition, it focuses on Medicaid and crisis planning, as well as assisting our Veterans obtain their well-deserved benefits.
Licensed to practice in Virginia and the United Kingdom, Mr. Stapleton has law degrees from Essex University, in the United Kingdom, and from the University of Richmond, T.C. Williams School of Law. He has been serving the central Virginia area since 1992.
Mr. Stapleton is a member of the National Academy of Elder Law Attorneys (NAELA), the Virginia Academy of Elder Law Attorneys (VAELA), and Million Dollar Lawyer, a national organization of leading elder law attorneys providing excellence in elder law. He is also a member of various local chapters and other related legal planning organizations. His publications include “Don’t Go Broke in a Nursing Home, a Consumer’s Guide.”
Mr. Stapleton has spoken on numerous occasions to organizations such as UVA Hospital (Neurology and Dementia units, Social Workers, Discharge Planners), The Alzheimer’s Association, JABA (Jefferson Area Board for Aging), accounting firms, financial planners, senior care planners, geriatric case managers, and various assisted living facilities and nursing homes. He offers monthly seminars on Elder Law, Estate Planning, Asset Protection, Medicaid Planning, and Veterans benefits in Charlottesville and surrounding areas.
Neal L. Walters, Scott Kroner, PLC / Charlottesville (Materials Co-author)
Neal Walters is a member of the firm of Scott Kroner, PLC, in Charlottesville, where he has practiced since 1993. He has an adult son with Down syndrome and has decades of experience in the parallel universe of life with a family member who has special needs. In addition to advising clients regarding special needs estate planning and public benefits, Mr. Walters frequently serves as petitioner’s and respondent’s counsel in incapacity proceedings as well as being guardian ad litem for incapacitated adults. Despite knowing better, he and his firm serve as guardian and conservator for incapacitated adults, and as trustee of both regular and Special Needs Trusts.
Mr. Walters has served on the boards of The Arc of the Piedmont and Commonwealth Community Trust, as well as two terms as one of Charlottesville’s representatives on the board of Region Ten Community Services Board. He is a frequent presenter for Virginia CLE®, the Virginia Institute of Autism, and other organizations.
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