1 / 24

WHO IS MY CLIENT?

WHO IS MY CLIENT?. Legal Aid Conference. Types of Disabled Clients. Individual with Intellectual Disability (DD or MR ); Individual with Mental Impairment; Individual with Alzheimer’s Disease or Dementia. Individual with Communication Issues (Deaf or hearing impairment). Ethics.

micol
Download Presentation

WHO IS MY CLIENT?

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. WHO IS MY CLIENT? Legal Aid Conference Equip for Equality

  2. Types of Disabled Clients • Individual with Intellectual Disability (DD or MR); • Individual with Mental Impairment; • Individual with Alzheimer’s Disease or Dementia. • Individual with Communication Issues (Deaf or hearing impairment). Equip for Equality

  3. Ethics RULE 1.14: CLIENT WITH DIMINISHED CAPACITY  (a) When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client Equip for Equality

  4. Ethics Comments [1] The normal client-lawyer relationship is based on the assumption that the client, when properly advised and assisted, is capable of making decisions about important matters. . . . Equip for Equality

  5. Ethics Comments [2] The fact that a client suffers a disability does not diminish the lawyer's obligation to treat the client with attention and respect. Even if the person has a legal representative, the lawyer should as far as possible accord the represented person the status of client, particularly in maintaining communication. Equip for Equality

  6. Ethics Comments [3] The client may wish to have family members or other persons participate in discussions with the lawyer. When necessary to assist in the representation, the presence of such persons generally does not affect the applicability of the attorney-client evidentiary privilege. Nevertheless, the lawyer must keep the client's interests foremost and, except for protective action authorized under paragraph (b), must to look to the client, and not family members, to make decisions on the client's behalf. Equip for Equality

  7. Ethics Comments [4] If a legal representative has already been appointed for the client, the lawyer should ordinarily look to the representative for decisions on behalf of the client. . . . If the lawyer represents the guardian as distinct from the ward, and is aware that the guardian is acting adversely to the ward's interest, the lawyer may have an obligation to prevent or rectify the guardian's misconduct. See Rule 1.2(d). Equip for Equality

  8. Legal Representatives Legal Guardian (755 ILCS 5/11a-1) Power of Attorney (POA) or an attorney in fact Social Security payee “Helpful“ parent or family member Equip for Equality

  9. Types of Guardianship • Plenary of Estate (control of money subject to court oversight); • Plenary of Person (control of person, including certain health care decisions); • Plenary of Person and Estate; • Limited. • Short term (60 days only) and Standby. Equip for Equality

  10. Limited Guardianship By statute the Court encourages limited guardianships. Limited guardianships are defined by the Order of the Court. Equip for Equality

  11. Restoration The “disabled person” can go back to court and tell the judge that he/she no longer needs a guardian. This often happens when one’s mental health improves. (755 ILCS 5/11a-20) Equip for Equality

  12. Proof of Legal Representation Letters of Office Clerk of the Court Orders of the Court Interview with Person with Disability Equip for Equality

  13. HC POA, 755 ILCS 45/4. The Act recognizes the individual’s right to control all aspects of health care. Act specifically recognizes the right to control one’s own health care may be lost if the person becomes disabled. Act’s stated purpose is to provide a mechanism for preserving that control by allowing it to be delegated to a person of the patient’s own choosing. (Advance Directive.) Equip for Equality

  14. Powers of HCPOA Very expansive, and includes: • Power to authorize or withhold all types of medical care relating to physical and mental health treatment, including but not limited to, life-sustaining treatment, food and water. • Power to admit to any hospital including mental health facility. • Right to access medical records. • Duty of POA is to act in accordance with Principal’s wishes. Equip for Equality

  15. Limitations. • Can limit when the POA becomes effective can be based upon an event or date specific (court order, birthday, inability to communicate). • Authority can be limited (eg., no mental health treatment, experimental treatments, provision for food, water,etc…can be very creative and individualized). • Health care providers may never be POA’s. Equip for Equality

  16. HCPOA can be revoked • POA’s must be in writing and must conform to Statutory Form set forth in the Act. • By effacing, destroying, or any other act demonstrating an intent to revoke. • A written revocation sent to the agent by the principal or any person acting on his/her behalf. • Any oral expression in the presence of a witness (age 18) who then signs and dates a statement memorializing the revocation. Equip for Equality

  17. Property POA, 755 ILCS 45/3. The Act recognizes the individual’s right to authorize an agent to act form them in dealing with their property and financial affairs. The Act specifically addresses claims and litigation as part of its authority. (775 ILCS 45/3-4(j)). The Act is controlled by its own terms and language for when it is effective and to the extent that it gives the agent authority. Equip for Equality

  18. Proof of Legal Representation Copy of Power of Attorney Clerk of Court Interview with Person with Disability Equip for Equality

  19. Social Security Payee No Legal Authority to represent Person with Disability in any legal proceeding. Equip for Equality

  20. Family Members Family Members may assist person with disability in communicating their story and explaining your advice. However, they are not the client. Interview client with and without family members. Always make it clear who you represent and document when necessary. Equip for Equality

  21. Legal Representatives as Adverse Parties Interview client without legal representative present Duty to “client” is to person with a disability Ask Court to appoint you independent counsel or to have Guardian ad Litem (GAL) involved. Equip for Equality

  22. What does Equip for Equality (EFE) Do? Offers People with Disabilities: • Information • Support • Resources • Legal services • Trainings Equip for Equality

  23. Give Equip for Equality (EFE) a Call 800-537-2632 TTY: 800-610-2779 Equip for Equality

  24. Questions About Equip For Equality? Equip for Equality

More Related