The Attorney’s Duty to Assess Competency

The primary role of an attorney in providing counsel to a client is to represent the client’s interests.  However, there may come a time when the client becomes incapacitated and is no longer capable of acting in his or her best interest or following the advice of the attorney guiding the client to proceed in the client’s best interest.  Incapacity can result from mental illness, substance abuse, or physical ailments which prohibit the client from exercising sound judgment and protecting his or her interests.  Lack of capacity issues are of particular concern to trusts and estates attorneys as many of…