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Capacity and Undue Influence: Assessing, Challenging, and Defending

Capacity and Undue Influence: Assessing, Challenging, and Defending

Explains the issues involved in assessing capacity and undue influence in the office or in litigation.

Covers:

  • Determining Who is the Client; Effect of HIPAA and CMIA
  • How to Apply DPCDA
  • Assessing and Litigating the Issues of Testamentary Capacity, Capacity to Marry or Enter Into a Domestic Partnership, to Contract and Appoint Agents, to Nominate a Conservator, to Create a Trust, to Manage Personal and Financial Affairs, to Make Medical Decisions, to Authorize Release of Protected Health Information, to Qualify for Long-Term Care Insurance, and to Drive
  • Assessing and Litigating Issues of Undue Influence
  • Neuropsychologist’s Participation
$249.00
$249.00
Sale Sold out
32CUIA2300

Table of Contents

    Table of Contents

  • I. Using This Action Guide
  • II. Determining Who Is the Client
  • III. Avoiding Breach of Duty to Clients
  • IV. Introducing Medical Privacy Laws and Evidentiary Privileges
  • V. Understanding DPCDA and Its Relationship to Other Statutes When Capacity Is an Issue
  • VI. Assessing and Litigating the Issue of Testamentary Capacity
  • VII. Assessing and Litigating the Issue of Capacity to Create, Amend, and Revoke a Trust
  • VIII. Assessing the Capacity to Marry or Enter Into Registered Domestic Partnership
  • IX. Assessing and Litigating the Issue of Capacity to Contract, Convey, or Make Agency Appointments
  • X. Assessing Capacity to Nominate Conservator
  • XI. Assessing and Litigating the Issue of Capacity to Manage Personal and Financial Affairs
  • XII. Assessing and Litigating the Issue of Capacity to Make Medical Decisions
  • XIII. Assessing the Capacity to Authorize Release of Protected Health Information
  • XIV. Assessing the Capacity to Drive
  • XV. Assessing and Litigating the Issue of Undue Influence in Cases Involving Testamentary Instruments
  • XVI. Assessing and Litigating the Issue of Undue Influence in Cases Involving Contracts, Conveyances, and Agency Appointments
  • XVII. Determining Whether Donative Transfer Creates a Presumption of Fraud or Undue Influence
  • XVIII. Considering Mediation as an Alternative to Litigation
  • XIX. Neuropsychologist's Participation
  • XX. Physician's Perspective

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