Clients with Diminished Capacity

Providing Guidance On Your Clients With Diminished Capacity

In some cases, a plaintiff who has suffered an injury may no longer have the capacity to make decisions for themselves. This puts family members and loved ones in a complicated legal position. Sometimes, it is necessary to appoint a guardian ad litem, conservator, or other fiduciary to represent the plaintiff’s best interests in litigation or settlement.

The team of attorneys at Brothers Henderson Durkin, P.S., can help implement these devices. Our firm has over 40 years of experience in special needs law. We work long-term with individuals who have special needs and their family members to find solutions to their legal matters.

Guardianship: One Of Many Options

Guardianship is not the answer for every case. It is just one of several options. Clients should consider every avenue available to determine which choice is best for their family. Some legal options for plaintiffs who lack capacity may include:

• Full guardianship of the person and estate
• Limited guardianship of the person or estate
• Financial or medical power of attorney
• Appointment of a representative payee
• Creation of a trust with specialized provisions
• Appointment of a settlement, litigation, or probate guardian ad litem

At Brothers Henderson Durkin, P.S., we can see which options are available for an individual and discuss which ones would be a good fit for their needs. Our team will consider the least restrictive options first, escalating involvement only if necessary. We can also review whether a certain legal device is needed and work to implement a less restrictive alternative. We regularly advise other attorneys about their ethical obligations regarding clients with diminished capacity.