Capacity

Increasingly prevalent as our population ages are 'capacity' questions. This presentation reviews ethical issues and guidelines for determining if diminished capacity exists. There will be a discussion regarding methods of ensuring that people of diminished capacity have proper representation, be it Conservators or Powers of Attorney.

Handouts on Conservatorship versus Powers of Attorney will be distributed. The presenter will be Dr. Michael Mailahn, MS, DC, CSF Coordinator, Department of Intellectual and Developmental Disabilities (DIDD) Statewide Rule 31 Mediator.

Capacity to enter into an agreement can arise in family disputes over the the care of an aging or developmentally disabled parent or sibling, as well as disputes over the disposition and conservation of property belonging to such individuals. When such individuals become parties to a mediation, it is important to determine whether that person has the capacity to understand the process, as well as to knowingly and voluntarily enter into an agreement. In such mediations, ethical issues abound, both for attorneys representing the parties, as well as for the mediators, who have a duty to ensure that all agreements are knowingly and voluntarily reached. I believe the ethical issues that arise in such mediations far outweigh any family law considerations that may arise.

Fees:  Member $5 and nonmembers $20
1.0 hour Mediation Ethics
For more information call 865-681-2649 or e-mail toolejudith@gmail.com