Understanding Capacity Issues: Protecting Against Potential - - PowerPoint PPT Presentation

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The Elder & Disability Advocacy Firm of Christine A. Alsop, LLC (314) 644-3200 | calsop@alsopelderlaw.com

Protecting Against Potential Litigation and How to Prepare Should You (the Financial Advisor) Be Called as a Witness

Understanding Capacity Issues:

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To view PDF Presentation, visit www.AlsopElderLaw.com. Mouseover Firm News and then click Events and Seminars.

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Click Capacity Issues - PDF Presentation. This link can be found underneath the March 15, 2016, seminar entry.

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Introduction

• The U.S. Census Department projects that by the year 2050, the number of

Americans who are aged 65-years and older will have more than doubled to 83.7 million which is 20.9% of the population.

• Those who are aged 85-years and older are the fastest growing segment of

the population.

• Baby Boomers control more than $15 trillion in household assets which is
• ver 50% of the total amount of U.S. household investment assets.

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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Client Identification: Who is Your Client?

In order to ensure proper representation of your client, it is important to understand who your client is, how capacity is defined and whether or not your client has capacity.

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Duties to Your Client

CFP Board Code of Ethics & Professional Responsibilities:

• Confidentiality: You must ensure that information is accessible only to

those who are supposed to/authorized to have it.

• There must be a mutual agreement as to the services to be provided.
• Define goals, gather data, examine the consequences of a course of action,

formulate recommended actions and implement and monitor responsibilities.

• You must disclose to your prospective client accurate and understandable

information, including disclosing the assets that you are going to take control of and of which you will ofger investment advice on.

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Legal Capacity

• Legal determination of capacity is not the same as a medical determination.
• Legal capacity is determined at the moment of execution of a document.
• Lucidity at the moment of execution creates a valid document.
• Generally, the principal (person signing the document) must understand the

nature of the act and its consequences.

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Legal Capacity

“But weaknesses and diseases incident to old age are not necessarily inconsistent with sanity. Merely to show that one sufgers from senility, confusion or forgetfulness, or is possessed of a mental weakness, is not enough to avoid a gifu, although these are factors to be considered. One must go further and show that the donor did not possess sufgicient mind to understand, in a reasonable manner, the nature and efgect of the act in which she was engaged.” Flynn v. Union National Bank of Springfield, 378 SW 2d 1, 8–9 (Mo. App. S.D. 1964).

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Diminished Cognitive Capacity

Financial capacity involves the cognitive abilities of your client to conduct financial business, including being able to:

• Understand personal financial needs and goals
• Understand investment and product choices
• Contract for the purchase of a particular product
• Give professionals the discretion to manage an account

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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Signs of Diminished Cognitive Capacity

Client has trouble communicating:

• Has difgiculty finding the right words
• Has trouble staying on topic
• Engages in unconventional or uncharacteristic reasoning
• Is consistently deferring decision-making to someone else, such as another family member

Client shows signs of short-term memory loss:

• Forgets appointments
• Repeats the same information or asks the same question numerous times
• Relies on personal notes more than usual

Client shows signs of disorientation:

• Forgets how to get to your ofgice when he or she has visited on several occasions previously
• Is unable to follow directions
• Has trouble navigating around your ofgice
• Lacks the ability to focus

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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Signs of Diminished Cognitive Capacity

Client exhibits problems with comprehension:

• Has trouble comparing alternatives
• Has trouble following basic concepts
• Has trouble paraphrasing and following a presentation
• Has difgiculty with abstract concepts

Client shows signs of emotional distress:

• Appears anxious, depressed and slow to respond to questions
• Exhibits a wider range of emotions beyond what is normal
• Moves quickly between laughter and tears without reason
• Displays feelings inconsistent with the topics at hand
• Shows an unreasonable degree of fear of change
• Shows increased paranoia

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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Signs of Diminished Financial Capacity

The signs of diminished financial capacity specifically include any

• f the foregoing signs of diminished cognitive capacity, generally,

plus one or more of the following:

• Has trouble understanding investment statements
• Evidences a decline in checkbook management skills (e.g. forgets to record transactions in

the check register, incorrectly or incompletely fills out entries or incorrectly fills out the payment amount)

• Refuses to follow appropriate investment advice when the advice is consistent with the

client’s previously agreed upon investment objectives

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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Signs of Diminished Financial Capacity

The signs of diminished financial capacity specifically include any

• f the foregoing signs of diminished cognitive capacity, generally,

plus one or more of the following (cont’d):

• Is not aware of, or does not understand, recently completed financial transactions
• Makes financial decisions that are inconsistent with his or her current long-term goals or

are out of character in terms of riskiness (e.g. a newly found interest in get-rich-quick schemes)

• Has trouble with basic addition and subtraction
• Expresses difgerent wishes at difgerent times (e.g. last week he or she wanted to sell out of

everything, but, this week, he or she wants to buy more)

• Repeatedly gives the same order, as though for the first time
• Is alarmed about missing funds in his or her account, where reviews indicate that there were

no unauthorized money movements or no money movements at all

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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Duties to Your Client

Code of State Regulations:

You have a duty to ensure the suitability

• f a recommended security.

It is important to note the rules against:

• inducing trading when the size of

the trading is excessive

• ordering the sale of a security

without authority

• ordering a purchase or sale of a security,

with a third-party’s instruction, without first receiving client authorization in writing

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What Would You Do?

Prospective client, Tom Brady, a 95-year old gentleman, walks into your

• fgice with his new girlfriend, Lola, who is 39-years old and unemployed.

He states that he wants to add Lola’s name onto his investments, which are valued in the range of $850,000. You have known Tom for quite some time through your father, but you never served as his financial advisor before and have had no real relationship with him. You are aware that Tom has three children, one of whom is an attorney. Do you retitle the account and make Tom and Lola joint owners? What if Tom was 52-years old and newly divorced? Would your answer change?

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Client Representatives

• Does your client still have the ability

to make decisions?

• Does the person who is representing

your client (i.e. an attorney-in-fact under a power of attorney) have the legal authority to do so?

• What are the motivations of the

family members who are speaking on behalf of your client?

• Are there other family members

absent from the conversation and what possible issues could arise amongst the family members?

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Independent Regulatory Organizations

• CFP Rules of Conduct state that a certificant shall treat information as confidential,

except as required in response to proper legal process in connection with a civil dispute

• r as needed to perform services.
• In addition, a certificant shall obtain the information necessary to fulfill his or her
• bligations. If a certificant cannot obtain the necessary information, the certificant shall

inform the client of any and all material deficiencies.

• Independent regulatory organizations issue credentials and have rules governing the

conduct of advisors with such credentials. Examples of self-regulating organizations:

• 1. CFP (Certified Financial Planner Board of Standards)
• 2. FINRA (Financial Industry Regulatory Authority)

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How to Respond to Suspected Diminished Financial Capacity

Follow Your Firm’s Procedures:

• Understand and follow your firm’s policies and procedures regarding how to respond when

you see or suspect signs of diminished cognitive and/or financial capacity.

Document Your Observations:

• Be specific and non-judgmental in what you write, especially because your notes could

end up serving as evidence in a complaint situation, legal case or arbitration.

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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How to Respond to Suspected Diminished Financial Capacity

DO - Examples of What to Write:

• “Client asked three times, in a one-hour meeting, who the beneficiary was on her annuity.”
• “Client is usually very well-dressed, but, today, was in dirty clothes, had uncombed hair and

appeared to have not bathed in days. This is the first time that I have seen the client unkempt.”

• “Client was 30 minutes late because he got lost on the way to the ofgice, even though he has

been here many times before and is usually on time or early.”

• “Client belongs in a nursing home.”
• “Client is going senile.”
• “Client is so old, she can’t even remember where my ofgice is when she gets ofg of the elevator.”

DON’T - Examples of What Not to Write:

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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How to Respond to Suspected Diminished Financial Capacity

Report Your Observations:

• Make your immediate supervisor and your compliance department aware that you are

concerned that one of your clients may sufger from diminished cognitive and/or financial capacity.

• Obtain guidance from your immediate supervisor and compliance department as to how to

proceed.

• If your client has designated someone to be contacted in the event of suspected diminished

capacity, obtain guidance from your firm as to how that should be done.

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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How to Respond to Suspected Diminished Financial Capacity

Report Your Observations (cont’d):

• If your client has not designated someone to be contacted, in the event of suspected

diminished cognitive and/or financial capacity, do not take it upon yourself to contact your client’s family members about your suspicions without clear, written authorization from your firm to do so, as this could be a breach of your firm’s privacy policy.

• If you have an appointment with a client who you suspect is experiencing diminished cognitive

and/or financial capacity, request that your supervisor or someone from the compliance department attend the meeting as well in order to provide additional observation of your client’s behavior.

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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How to Respond to Suspected Diminished Financial Capacity

Evaluate Whether or Not to Make Recommendations:

• Strongly consider refraining from making recommendations to your client or

transactions in the account of an investor, without clear guidance from your firm, until the diminished cognitive and/or financial capacity concern no longer exists.

Escalate Your Concerns to Your Supervisor:

• If your firm has specific escalation procedures in this regard (e.g. if there is a

designated person in charge of responding to senior investor issues), follow them carefully.

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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Helping Clients Beyond Advising

There are several questions that should be asked when assisting a client who may have potential capacity issues.

What is your client’s health situation and is there enough time to be of assistance? Is there sufgicient time to determine key issues?

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Helping Clients Beyond Advising

There are several questions that should be asked when assisting a client who may have potential capacity issues.

When dealing with multiple parties, what ethical issues can arise? What resources are available?

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Helping Clients Beyond Advising

Building a team of professionals in order to provide your client with comprehensive support and assistance is important in upholding your duty of care to your clients.

Social workers, geriatric care managers, physicians and other specialists assist in life care planning and assessments. Financial advisors and banks are relied upon to notify and/or report suspicious activities or behaviors. Elder law attorneys create estate plans, including powers of attorney, and assist in guardianship/ conservatorship processes in order to protect client interests.

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Ethical Considerations

• Unlike attorneys, financial advisors do not have any advisor-client

privilege in Missouri.

• However, in the code of state regulations, it is unethical for a

financial advisor to disclose the identity, afgairs or investments of any kind of any client to a third-party, unless required by law to do so or unless consented to by the client (15 CSR 30-51.172(1)(Q)).

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Ethical Considerations

• There are several self-regulated organizations for financial advisors

that have rules and ethical standards regarding the advisor-client relationship.

• These standards generally provide for keeping client information

confidential, as well as a suitability standard when dealing with client investments.

• The suitability standard requires that the financial advisor take into

account all relevant facts known about the client to determine if an investment decision is appropriate for the client.

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Ethical Considerations

• If a fiduciary relationship exists between the financial advisor

and the client, then the financial advisor owes the client the duties of loyalty and care.

• This requires the financial advisor to put the needs and

interests of the client above all else.

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Powers of Attorney

Durable Power of Attorney: The power of the attorney-in-fact to act on the principal’s behalf continues despite the principal’s incapacity, whether or not a court decrees the principal to be incapacitated. Power of Attorney (without “Durable” language): The power of attorney is revoked and the power of the attorney-in-fact to act for the principal automatically stops if the principal becomes incapacitated.

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Powers of Attorney

Springing Power of Attorney: This type of power of attorney is efgective only when the principal is incapacitated or when some other stipulated event or condition occurs, thus “springing” the power of attorney into action. Non-Springing of Attorney: This type of power of attorney is efgective immediately upon execution of the document and remains efgective in the event of the principal’s disability or incapacity.

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Durable Powers of Attorney – Financial

• Principal: the person who creates and signs the Durable Power of Attorney
• Attorney-in-Fact: the person who the principal appoints to act on his or her behalf

The attorney-in-fact (AIF) has a duty to act in the interest of the principal and to maintain contact with the principal, communicate with him or her and follow his or her wishes. The AIF must avoid self-dealing and must act using a high degree of care. Once the Durable Power of Attorney is signed, the AIF has a fiduciary relationship and

• bligation to the principal.

Powers include:

• Manage property and business afgairs
• Apply for government benefits
• Manage all bank accounts
• Hire an attorney
• Enter into a contract

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Durable Powers of Attorney – Financial

• Survives the incapacity of the principal
• Efgective as soon as the principal signs
• Not valid where it is later determined

that the person lacked the mental capacity to execute the document

• Efgective tool to prevent guardianship
• Make financial decisions
• Prevent state/court involvement

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Ways to Protect Your Client

• Including or removing family involvement
• Removing potential third-parties who may have possible conflicts of interest
• Understanding your client’s goals and desires

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What Would You Do?

Your client, Wilma Flinstone, has just been diagnosed with Alzheimer’s-related dementia. Her husband, Fred, passed away approximately two years ago. Wilma’s dementia is considered mild. She is living at home by herself. She seems in good spirits and has not changed physically or mentally at all in your observation. She is worried about her future and wants to make sure that she is well taken care of. She is a bit hard- headed and independent. Her assets are significant. Her daughter, Pebbles, and her son, Bam-Bam, are named as her agents under a Durable Power of Attorney over Finances, executed with Christine Alsop one (1) year ago. You have known Pebbles and Bam-Bam for quite some time and find them to be good, supportive children. What do you do?

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Advance Planning with Your Senior Clients

Advance planning prior to a crisis can significantly mitigate potential problems with subsequent diminished cognitive and/or financial capacity in the future. Ask questions (including lifestyle questions) that broaden the conversation with your client and document their responses:

• When do you plan to retire?
• How much money do you need to retire in the fashion that you want?
• Do you have any other issues or expenses that we should contemplate as

you retire?

• Do you have children or grandchildren who are dependent on you financially?

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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Advance Planning with Your Senior Clients

At Account Opening

2008 SEC Report notes that some firms:

• Require in-person meetings with the client to fill out the new account form
• Ensure all client information on the new account form is accurate and up-to-date
• Encourage the client to bring a trusted family member or trusted individual to the meeting

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Advance Planning with Your Senior Clients

Planning for Incapacity

2010 SEC Addendum notes that some firms:

• Require that the employment status field on new account forms include the choice: “retired”

This helps to determine if the client is at the distribution stage v. the accumulation stage.

• Recommend to senior customers that they maintain the following information in a safe and

secure place to ensure that the documents are easily accessible in case of an emergency: a Inventory of assets with account numbers a Passwords and locations of safe deposit boxes a List of debts and regular obligations, including list of institutions to which they are owed a List of important contacts (e.g. doctor, lawyer, securities professional)

• Encourage clients to identify a third-party emergency contact and to allow the firm to notify

the identified individual if there is an issue or concern related to diminished mental capacity

• r financial abuse by a third-party

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Advance Planning with Your Senior Clients

Continued Planning Discussions Throughout the Life of the Account

• Updating account information and holding continued face-to-face meetings can be helpful

in evaluating the client’s cognitive ability

• Conduct periodic calls to obtain any relevant updates to the clients account (financial,

health, investment objectives, etc.)

• Raise the issue of providing a power of attorney, if the one hasn’t already been provided,

granting authority over the client’s account to a trusted friend or family member.

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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Suitability Issues with Senior Clients

• Investment recommendations must be suitable for the client
• Recommendations to senior clients who are showing signs of even

minimal cognitive impairment can be scrutinized

• Recommendations to replace an annuity or life insurance policy with

another annuity or life insurance policy with another company can be judged by regulators

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Suitability Issues with Senior Clients

Recommendations and Documenting Rationale

• New account and disclosure forms do not provide iron-clad protection against a later

customer claim of an unsuitable transaction

• Recommendations and rationales must be documented in another format, in

addition to what is marked on any forms

• When questions rise about suitability, that documentation can mean the difgerence

between successfully defending an accusation and settling the case and leaving a black mark on a producer’s record

• Notations must be made in your file that support any recommendations

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Suitability Issues with Senior Clients

Documentation Checklist

P Appropriate information was collected P Information was carefully analyzed P Every recommendation was made because the product’s features and benefits addressed the client’s needs and objectives P Risks and costs were discussed with the client

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Advance Planning with Your Senior Clients

Specific documentation (hard copy or electronic) should include all of the following:

• Personal information that is pertinent (family issues, personal health problems, concerns

about outliving retirement savings, etc.)

• Client’s financial situation, including other investments, life insurance policies, annuities,

etc., that he or she currently holds (and what client likes and dislikes about each)

• Any copies of the client’s documents, such as investment statements, insurance policies or

annuity contracts, tax returns, etc., that were used in fact finding

• Names and contact information for other advisors that the client works with, such as his or

her accountant, tax advisor, attorney, etc., and for any other decision-makers, such as a spouse, sibling or child

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Advance Planning with Your Senior Clients

Specific documentation (hard copy or electronic) should include all of the following:

• Rationale for the recommendation (how the consumer’s needs and objectives led to the

selection of the product, including any optional features such as riders, living benefit

• ptions, etc.)
• If more than one product was considered, what the deciding factors were in the client’s

choice of one over the others

• How risks and costs were addressed, how the client responded to that information and

how any client questions were addressed

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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What Would You Do?

Joe Namath, Sr., is a client you have known and worked with for over three years. He brings his son, Joe, Jr., into your ofgice. You knew that Joe, Sr., recently had a stroke, but you had not seen him since that time. Joe, Jr., owns several automotive supply stores in the area that you know are on the verge of closing. Before his stroke, Joe, Sr., confided in you many times that he believes that Joe, Jr., is a terrible money manager and would not trust him with his afgairs. During the meeting, Joe, Jr., answers all of the questions that you pose related to his father. He also states that Joe, Sr., agrees that his financial portfolio must change and he hands you a list of the investments that he says Joe, Sr., now wants you to make. He hands you a Financial Durable Power of Attorney, signed by his father, two days prior to your meeting. Joe, Sr., remains quiet. What would you do?

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Signs of Potential Financial Abuse

• The person’s life circumstances do not match the size of the estate
• There are unusual expenses being paid
• The person’s bills remain unpaid
• There are multiple disbursements made for similar items over a short

period of time

• There are large withdrawals from bank accounts and unusual account

and ATM activity

• Signatures that appear on checks do not match the person’s signature
• The caregiver only expresses concern regarding the financial status of

the person

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Signs of Potential Financial Abuse (cont’d)

• There are recent acquaintances, housekeepers, care providers, etc., who

declare undying afgection for the person and isolate the person from long-term friends or family

• Drastic changes to distributions of wealth at the time of death in power
• f attorney, trust and will documents occur
• The caregiver does not ask questions or express concern regarding the

physical and/or mental health status of the person

• Personal belongings, such as jewelry, art, furs, etc., are missing
• Magazine subscriptions are inconsistent with the age and lifestyle of

the person

• Large gifus, that the person cannot afgord, are made
• The person is unable to explain the purpose of recently executed

documents

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Signs of Potential Financial Abuse (cont’d)

• The client gives a power of attorney to someone that appears

inappropriate, such as a televangelist who has been publicly accused of mishandling funds

• The client appears not to have control over or access to his or her money
• The client’s mailing address has been changed to an unfamiliar and

unexplained address

• The producer or other firm personnel is unable to speak directly to the

client, despite attempts to do so

• The client consistently defers answering questions to another individual,

such as a family member or caretaker

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

Signs of Potential Financial Abuse (cont’d)

• The client cannot articulate the reasons behind financial decisions

that were made or questionable transactions that took place

• The client lacks knowledge of ATM, debit or credit charges
• Checks are written out of sync
• There is a sudden, unexplained or unusual change in the client’s

transaction patterns

• There are unexplained disbursements made in the client’s account that

are outside of the norm

• The sudden appearance of a new individual involved in the client’s

financial afgairs

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Financial Scams and Fraud Targeting Seniors

According to congressional testimony by the FBI, financial scammers target older Americans for several reasons:

• Seniors have concentrated wealth
• They may be interested in “cure-all” medicines and get-rich-quick schemes
• They are less likely to report fraud

People born in the 1930s, 1940s and 1950s were raised to be polite and trusting. Conmen prey on these qualities. Criminals know that the memory impairment sufgered by those who are aging makes it difgicult for them to understand financial schemes.

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How to Respond to Suspected Senior Financial Abuse

The steps to follow if you suspect senior financial abuse are similar to those for when you suspect diminished cognitive and/or financial capacity, but may call for a higher degree of urgency if the client’s money is being siphoned ofg by the abuser. The steps are as follows:

• Keep it factual: “Mrs. Grassley brought her nephew to today’s meeting. Nephew is

35-years old and is currently unemployed. He is on parole afuer serving the past 5 years in prison and is living with Mrs. Grassley while he gets back on his feet. At his urging, she withdrew $25,000 from her mutual fund account to fund what he says is a promising business venture. During the meeting Mrs. Grassley seemed anxious, tense and emotional. Her nephew interrupted her several times when she was responding to my questions. l am concerned about his influence on her financial decisions and have notified my supervisor and the compliance department.” Document your suspicions. Include specific observations that cause you concern and, as always, avoid using emotional or judgmental language.

• Instead of writing: “Mrs. Grassley’s deadbeat nephew has moved in with her (again) afuer

getting out of jail (again) and he’s convinced her (again) to take money out of her mutual fund account for his latest so called ‘business venture’...”

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How to Respond to Suspected Senior Financial Abuse

• Report your concerns. If your firm has a policy in this regard, follow it. Otherwise, report your

concerns to your supervisor or your legal/compliance department. The next slides ofger some additional resources for reporting elder abuse.

From Diminished Capacity: Recognizing and Responding to the Signs. RegEd. www.reged.com

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Elder Abuse Resources

Elder abuse takes many forms: financial, physical, sexual, emotional, etc.

Missouri Department of Social Services Elder Abuse Hotline Phone: (800) 392-0210 Website: http://health.mo.gov/safety/abuse/ Long-Term Care Ombudsman Program Designed to provide assistance in cases of abuse/neglect within a nursing home setting Phone: (573) 526-0727 or (800) 309-3282 Email: LTCOmbudsman@health.mo.gov Website: http://health.mo.gov/seniors/ombudsman/

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Elder Abuse Resources

Elder abuse takes many forms: financial, physical, sexual, emotional, etc.

Mid-East Area Agency on Aging (MEAAA)

• St. Louis County: (636) 207-1323
• St. Charles, Jefgerson and Franklin Counties:

(800) AGE-6060 Email: info@agingmissouri.org Website: http://www.mid-eastaaa.org/ Local Elder Law Attorneys Estate planning and emergency guardianship and conservatorship proceedings Find a Lawyer: https://www.naela.org/findlawyer

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What Would You Do?

An attorney who you know in the community, Robert Kon, calls you to discuss one of your clients, Jerry Seinfeld. You represented Jerry for years and, recently, you were told that he sufgers from severe Alzheimer’s disease and was confined in a locked nursing

• home. Prior to admission to the nursing home, Jerry’s son, Kramer, called you and told

you that Jerry wanted to change the TOD beneficiary on his investment account. You changed the TOD beneficiary to Kramer, in accordance with Jerry’s wishes. Jerry has two other children, George and Elaine. Mr. Kon tells you that he represents Elaine and wants to know about the change to the TOD beneficiary. You believe that, on the day that Jerry changed the TOD to Kramer, he was lucid and clear on what he wanted. You also know that Jerry transferred considerable wealth to both Elaine and George during his lifetime. Would you talk to Mr. Kon?

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The Future Phone Call

• Litigation
• Attorney calls to discuss prior client
• Duty of confidentiality continues for the attorney; not so clear for the financial advisor

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Subpoena Duces Tecum and Subpoena to Appear to Financial Planner

• Duty of confidentiality,

pursuant to code of state regulations and independent regulatory organization rules

• Does not protect information

in response to the legal process

• Court order
• Deposition/disclosure

mandated by court order

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Tips for Being Deposed

• Tell the truth
• Do not guess
• Do not volunteer
• Do not try to figure it out for the attorney
• Think before you speak
• Never answer a question about a document unless you are looking at the document
• Do not testify as to what others might know, unless asked to do so
• Do not let the attorney put words in your mouth
• Pay special attention to the introductory language of the questions
• Do not adopt the attorney’s summary, unless it is accurate
• There is no such thing as “ofg the record”
• Listen to objections - they can tell you a lot.
• When you think its over - its not.

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Questions?

THE ELDER & DISABILITY ADVOCACY FIRM OF CHRISTINE A. ALSOP, LLC 6654 Chippewa Street, St. Louis, MO 63109 (314) 644-3200 | www.AlsopElderLaw.com

To view this presentation, please see the link, Capacity Issues - PDF Presentation, listed

• n our Events & Seminars page on our website underneath the March 15th entry.