What should an estate-planning attorney do when a client comes to her office to discuss an estate plan that's out of line with what the attorney would recommend or otherwise deem appropriate? What if the client is adamant about this plan even though it's inefficient for tax purposes or will likely cause conflict within the client's family? When an attorney finds herself in this situation, she should consider the possibility that the client is suffering from diminished capacity.
A Touchy Dilemma
What do you do if your client is suffering from diminished capacity? There are no bright line rules an attorney can rely on