Legal Capacity and Substitute Decision Making for Health Care & Financial Matters
Wed November 14th - From 4:00 pm to 6:00 pm
- Landmark at Longwood
63 Parker Hill Road
Boston MA , 02120 Directions
This is presentation is on the concept of “legal capacity”, and how the sliding scale of capacity affects a person’s authority to make his or her own medical and/or financial decisions. What level of capacity is required for a person to be able to execute a HCP or a DPA? When does a person’s decreased capacity trigger the invocation of a Health Care Proxy? What level of capacity is required to revoke a HCP (and what are the requirements for a valid revocation)? What is the capacity requirement to support a person’s revocation of his or her (Durable) Power of Attorney (and how does one validly revoke a DPA)? If your client has a valid HCP and/or DPA, are there situations when she would also require a Guardian and/or a Conservator? If a client has both a legal guardian and a Health Care Agent, which fiduciary makes what decisions? Can a Guardianship and/or Conservatorship be completely avoided for a person whose capacity has deteriorated? And what are some of the legal logistics involved in facilitating the execution of these documents for your client if s/he has not yet designated a future substitute decision maker? These are all questions and topics to be addressed in this presentation.
Understand the legal definition of legal capacity and the sliding scale of capacity (15 min)
Identify situations that require a Guardian and/or Conservator despite having a HCP and DPOA (15 min)
Understand the capacity requirement for an elder to revoke a HCP and/or DPOA (15 min)
Understand the legal logistics in facilitating the execution of the HCP and DPOA for clients (15 min)
Questions and answers (15 min)
Elizabeth (Liz) Baum holds a JD, MPH and maintains a legal practice which focuses exclusively on providing services as a professional fiduciary (Conservator, Trustee, Guardian, Health Care Agent, and/or Durable Power of Attorney) on behalf of people with various cognitive challenges, including dementia, mental illness, and developmental disabilities. As a professional fiduciary, Ms. Baum is actively involved in complex and challenging legal, medical, financial, & residential decisions on behalf of the disabled, including end of life planning. She is a National Certified Guardian as well as a past Board Member of the Massachusetts Guardianship Association. She has volunteered in various roles at Jewish Family & Children’s Services, including as Board Member, Disability Advisory Committee member, Trustee for the CJP Pooled Trusts administered by JF & CS, pro bono attorney with Bet Tzedek, and Chaverim Shel Shalom advisory committee member on behalf of persons with mental illness. She is currently a volunteer with Rosie’s Place with the Advice and Referral Legal Clinic. In her spare time, Liz enjoys spending a lot of time with her family, swims on a Masters Swim Team, and loves to compete in triathlons in the summers.
Adam Nussenbaum, JD, has been in private practice for twenty-eight years, with a concentration in guardianship/conservatorship law and other probate matters. He currently represents families, health care facilities and individuals in guardianship/conservatorship proceedings. Attorney Nussenbaum also serves as guardian, conservator, trustee, guardian ad litem and Rogers medication monitor on behalf of individuals with mental and developmental disabilities and the elderly. Prior to starting his private practice, he was a senior manager for a non-profit human service agency operating residential programs for youths and individuals with disabilities. Attorney Nussenbaum is a frequent lecturer on guardianship and conservatorship law for the Massachusetts Bar Association and the Massachusetts Continuing Legal Education. Attorney Nussenbaum received his undergraduate degree magna cum laude from the University of Pennsylvania and his law degree from the Northeastern University School of Law. He is admitted to practice law in Massachusetts and Florida, and is a member of the Massachusetts Bar Association and the Massachusetts