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Identifying Issues Involving Clients With Diminished Mental Capacity and/or Who May Be Unduly Influenced by Others
- Describing Requisite Capacity to Make A Contract/Will
- Red Flags for Identifying Lack of Capacity
- Red Flags for Identifying Undue Influence
- Tips on How To Protect Yourself and Employer From Claims Arising In Such Situations
Overview of the webinar
- How to identify persons who potentially lack the requisite mental capacity to engage in specific transactions
- How to identify persons who are potentially acting under the undue influence of others in engaging in specific transactions
- How to protect yourself and your employer in these situations
- How to protect your client
Who should attend?
- Trust and Estate Attorney
- Wealth Manager
- Accountant
- Banks
- Trust Companies
Why should you attend?
In this practical webinar, you’ll receive guidance on how to anticipate and protect yourself and your institution against claims concerning transactions involving individuals who may lack capacity or are subject to undue influence.
- How to identify persons who potentially lack the requisite mental capacity to engage in specific transactions
- How to identify persons who are potentially acting under the undue influence of others in engaging in specific transactions
- How to protect yourself and your employer in these situations
- How to protect your client
Faculty - Mr.Steven H. Holinstat
- Senior Counsel in the New York Office of Proskauer Rose LLP in the Litigation Department
- Has developed specialized experience in all aspects of fiduciary litigation, including, without limitation, will contests (both defense and offense), contested accounting proceedings, breach of fiduciary duty actions relating to the conduct of executors and trustees, representation of fiduciaries in connection with the disposition of illiquid assets (e.g., interests in closely-held enterprises and real estate), claims to recover assets by an estate or trust, actions to remove or replace fiduciaries, litigation of claims against an estate or trust and guardianship proceedings
- Regularly conducts seminars and workshops on “Mitigating the Risk of Fiduciary Litigation: Guideline for Institutional Trustees”, “Identifying and Addressing Potential Issues Involving Clients with Diminished Mental Capacity and/or Why May Be Unduly Influenced by Others”, and “Anticipating and Preparing for Fiduciary Litigation”
- Has authored articles on fiduciary litigation, including “Who Can Recant and Decant? Who is the ‘Creator’ of a Decanted Trust?” published in the New York Law Journal
- J.D. degree, Fordham University School of Law, cum laude and Order of the Coif; B.A. degree University of Michigan, cum laude
- Member of the Surrogate’s Court Committee of the New York State Bar Association, Member of the Litigation Committee of the New York City Bar Association, and Member of the Alternative Dispute Resolution Committee of the New York City Bar Association
- 2013 and 2017 U.S. News Rankings gave Proskauer’s New York Office Tier One Rankings for Litigation-Trusts & Estates