Representing Clients With Decision-Making Limitations

Preserving client autonomy and integrating clients in decision-making may not be easy when a client suffers from an illness, disability, or other cognitive obstacle. A free Justia webinar advises on how to ethically handle this situation, focusing on a recently updated ABA Model Rule.

Free Justia Webinar Details

Representing Clients With Decision-Making Limitations

Save your spot today! On February 9, 2026, the ABA House of Delegates adopted a new Model Rule 1.14 essentially modernizing in many significant ways the former Model Rule, with a shift from focusing on diminished capacity (under the former rule) to decision-making limitations (under the new rule). Contemporary thought on this subject has changed from a focus on a person’s disability to the client’s ability to participate in decisions with appropriate supports.

This Free Justia Webinar Representing Clients With Decision-Making Limitations will begin promptly at 2:00 P.M. ET / 11:00 A.M. PT on Monday, September 28, 2026.

This program provides a practical, ethics-focused examination of a lawyer’s professional responsibilities when representing clients whose decision-making ability may be impaired due to age, illness, disability, or cognitive limitations. The session will analyze the governing framework under the ABA Model Rules of Professional Conduct, with particular emphasis on Model Rule 1.14 (Client with Decision-Making Limitations) and its interaction with Rule 1.1 (Competence), and Rule 1.4 (Communication), Rule 1.6 (Confidentiality of Information).

Participants will learn how to identify indicators of decision-making limitations, distinguish between legal incapacity and functional limitations, and determine when protective action may be ethically permissible under Rule 1.14(b), including consultation with family members, professionals, or the potential appointment of a guardian. The program will also address how confidentiality is preserved or permissibly limited under Rule 1.6 when taking protective action, and how lawyers can maintain, as far as reasonably possible, an ordinary client-lawyer relationship consistent with new Rule 1.14(a).

The session will include practical guidance on communication techniques, documentation practices, and risk-management strategies to preserve client autonomy while supporting the client in decision-making. Realistic hypotheticals will illustrate common challenges, including potential undue influence, intrusive family members, and decisions regarding disclosure or third-party involvement.

Agenda

Overview
- Overview of the ethical and practical challenges involved in representing clients with decision-making limitations
- Introduction to new ABA Model Rule 1.14 and related professional responsibility obligations
- Defining limited decision-making limitations and understanding the lawyer’s role in assessing client decision-making abilities and limitations
Ethical Duties and the Attorney-Client Relationship
- Maintaining an “ordinary” attorney-client relationship under new ABA Model Rule 1.14(a)
- Duties of communication and informed consent under Rule 1.4
- Confidentiality obligations under Rule 1.6 when working with clients with decision-making limitations
- Balancing autonomy, protection, and professional judgment
- Identifying client objectives and conducting effective client interviews
- Identifying appropriate supports to assist the client in decision-making
Recognizing and Assessing Decision-Making Limitations
- Common cognitive, behavioral, emotional, and communication indicators of decision-making limitations
- Distinguishing eccentricity, stress, grief, or medical conditions from decision-making limitations
- The lawyer’s role versus the role of medical or mental health professionals
- When referral for professional assessment may be appropriate
Protective Action and Ethical Decision-Making
- Protective action under the new (and former) ABA Model Rule 1.14(b)
- Consulting with family members, caregivers, and professionals
- Guardianship and other interventions
- Limits on disclosure of confidential information when taking protective action
- Ethical risks involving undue influence and third-party involvement
Practical Strategies and Best Practices
- Optimizing client communication and comprehension
- Structuring meetings to support client autonomy and voluntariness
- Environmental and scheduling considerations when working with impaired clients
- Documentation and risk-management practices
- Practical ethical tips for maintaining dignity, respect, and effective representation
Conclusion and Key Takeaways
- Presumption of decision-making ability and the importance of individualized assessment
- Key ethical considerations and practice recommendations
- Resources for further guidance, including ABA materials
Questions & Answers (As Time Permits)

Speaker

Howard Krooks

Chair, Elder Law, Cozen O’Connor
Speaker Profile

With over 30 years of legal experience, Howard’s practice is comprehensive, covering estate planning, wills and trusts, elder law, special needs planning, planning for disability, asset protection planning, Medicaid planning, trust and estate administration (probate), fiduciary litigation, guardianship, and health care/financial planning with advance directives. Howard’s commitment to excellence and deep understanding of complex legal issues are the cornerstones of his practice, guiding clients through critical life decisions and securing their futures with unwavering confidence.

Howard is certified as an elder law attorney by the National Elder Law Foundation and is a past chair of the Florida Bar Elder Law Section. He currently serves on the board of trustees of the National Academy of Elder Law Attorneys (NAELA) Foundation. Howard received the 2006 Outstanding Achievement Award from the New York Chapter of NAELA for serving as co-chair of a Special Committee on Medicaid Legislation formed by the NYSBA Elder Law Section to oppose New York Governor George Pataki’s budget bills containing numerous restrictive Medicaid eligibility provisions that, if enacted, would severely impact the frail elderly and disabled populations. He was named Member of the Year in 2010 by the Florida Bar Elder Law Section for his work in obtaining Medicaid approval for the use of promissory notes in Medicaid planning in Florida. He was also recognized for serving as co-chair of the NYSBA Elder Law Section Compact Working Group, which received national attention for developing alternative methods of financing long-term care. Additionally, Howard served as chair of a special committee created by the NYSBA Elder Law Section to address the Statewide Commission on Fiduciary Appointments formed by Chief Justice Judith Kaye. Howard received an award for spearheading the effort on behalf of NAELA seeking the enactment of the Special Needs Trust Fairness Act, which was signed into law by President Obama on December 13, 2016.

Howard has consistently been selected as a Florida Super Lawyer and a New York Super Lawyer, named to Florida Trend’s Legal Elite, a Top 25 Westchester County Attorney, and is AV Preeminent rated by Martindale-Hubbell. Howard is a frequent lecturer and has addressed many organizations, including Barron’s, NAELA, Stetson Special Needs Conference, ALI-ABA, WealthCounsel, ElderCounsel, the National Guardianship Association, The Academy of Florida Elder Law Attorneys, The Pennsylvania Association of Elder Law Attorneys, various bar associations and attorney organizations, estate planning organizations, Berkeley College, the United Federation of Teachers, the New York State United Teachers, and the New York State Civil Service Employees’ Association. He has been quoted in The Wall Street Journal, The New York Times, Kiplinger’s, USA Today, The New York Post, Newsday, The Journal News, and the Boca Raton News. Howard has appeared on PBS, the CBS Early Morning Show, and local elder law-focused television programs. Howard has written extensively on the topic of elder law, including “Creative Advocacy in Guardianship Settings: Medicaid and Estate Planning Including Transfer of Assets, Supplemental Needs Trusts and Protection of Disabled Family Members,” included in Guardianship Practice in New York State and “Long-Term Care Insurance in New York,” included in Estate Planning and Will Drafting in New York, both published by the New York State Bar Association.

Howard is a founding principal of ElderCounsel LLC (which has since merged with WealthCounsel), the premier elder law and special needs planning document drafting software for attorneys.

Howard earned his bachelor’s degree in accounting from SUNY Albany and his law degree from the University of Pennsylvania Law School.

Continuing Legal Education (CLE) Credits

Lawyers: Want CLE credit for watching this video? Join Justia Connect Pro and watch it on Justia Learning – details at https://pro.justia.com/

Alabama CLE
Status: Approved
Format: Live (Virtual)
Credits: 1.00 Ethics

Alaska CLE
Status: Approved
Format: Live (Virtual), On-Demand
Credits: 1.00 Ethics

California CLE
Status: Approved
Format: Live (Virtual), On-Demand
Credits: 1.00 Legal Ethics

Hawaii CLE
Status: Approved
Format: Live (Virtual), On-Demand
Credits: 1.00 Ethics

Illinois CLE
Status: Approved
Format: Live (Virtual), On-Demand
Credits: 1.00 Professional Responsibility – Ethics / Civility / Professionalism / Sexual Harassment Prevention

Louisiana CLE
Status: Approved
Format: Live (Virtual)
Credits: 1.00 Legal Ethics

Maine CLE
Status: Approved
Format: Live (Virtual)
Credits: 1.00 Ethics and Professionalism

Missouri CLE
Status: Approved
Format: Live (Virtual)
Credits: 1.20 Ethics

Nebraska CLE
Status: Approved
Format: Live (Virtual)
Credits: 1.00 Professional Responsibility

Nevada CLE
Status: Approved
Format: Live (Virtual)
Credits: 1.00 Ethics and Professional Conduct

New Jersey CLE
Status: Approved
Format: Live (Virtual), On-Demand
Credits: 1.20 Ethics/Professionalism

North Carolina CLE
Status: Approved
Format: Live (Virtual)
Credits: 1.00 Ethics

Ohio CLE
Status: Approved
Format: Live (Virtual)
Credits: 1.00 Attorney Professional Conduct

Pennsylvania CLE
Status: Approved
Format: Live (Virtual), On-Demand
Credits: 1.00 Ethics, Professionalism, or Substance Abuse

Rhode Island CLE
Status: Approved
Format: Live (Virtual)
Credits: 1.00 Legal Ethics

Texas CLE
Status: Approved
Format: Live (Virtual)
Credits: 1.00 Legal Ethics/Professional Responsibility

Utah CLE
Status: Approved
Format: Live (Virtual), On-Demand
Credits: 1.00 Ethics

Vermont CLE
Status: Approved
Format: Live (Virtual), On-Demand
Credits: 1.00 Ethics

Virginia CLE
Status: Approved
Format: Live (Virtual)
Credits: 1.00 Ethics

West Virginia CLE
Status: Approved
Format: Live (Virtual)
Credits: 1.20 Legal Ethics, etc.

Visit the Representing Clients With Decision-Making Limitations webinar page for more information about getting CLE credit.

Lawyers may be eligible to earn CLE credit via reciprocity or self-submission processes in jurisdictions in which a particular Justia Webinar is not officially accredited.

How To Register for This Free Justia Webinar

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This Free Justia Webinar Representing Clients With Decision-Making Limitations will begin promptly at 2:00 P.M. ET / 11:00 A.M. PT on Wednesday, July 29, 2026.

Additional Benefits for Lawyers

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Lawyers Can Get CLE Credit with Justia Connect Pro: Would you like to earn CLE credit for attending this Justia Webinar? While everyone is invited to attend this Justia Webinar for free, CLE credit is an exclusive membership benefit offered to Justia Connect Pro members, our inexpensive upgraded membership tier for lawyers. Click here to learn more about Justia Connect Pro and how to get CLE for attending this Justia Webinar and many others.