Law Questions

A.
Locate an ethical opinion as to what an attorney is to do if he or she believes a client is under a disability. Provide a brief explanation as to how the attorney should proceed.

B.
Read The Estate of Carpenter, 253 So.2d 697 (Fla. 1971) and §733.107, Fla. Stat. (2002).   Provide an analysis of the burden of proof required pursuant to Carpenter and §733.107 and whether it is the same or different. If it is different, explain why and which one controls.   If it is the same, explain why.
C.
Locate and determine the eligibility requirements for an individual to attend an Adult Day Care Facility whose residence is in Pembroke Pines, Florida.   Provide the name and location of the facility(ies) and the eligibility requirements.

Locate an ethical opinion as to what an attorney is to do if he or she believes a client is under a disability. Provide a brief explanation as to how the attorney should proceed.

OPINION 85-4, October 1, 1985, however, the attorney should consult Ethical Consideration 7-12, which deals with the problem of a client under a disability. The EC states:
“Any mental or physical condition of a client that renders him incapable of making a considered judgment on his own behalf casts additional responsibilities upon his lawyer. Where an incompetent is acting through a guardian or other legal representative, a lawyer must look to such representative for those decisions, which are normally the prerogative of the client to make. If a client under disability has no legal representative, his lawyer may be compelled in court proceedings to make decisions on behalf of the client. If the client is capable of understanding...

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