Question

1. What action, if any, should a paralegal take if he or she believes a client is incapacitated?

2. Mary throughout her adult life was always ready to help out anyone in need. Mary often gave money to strangers or allowed a person to reside with her if homeless. Six months ago John moved into Mary’s home. John is twenty years younger then Mary. John is helping Mary by mowing the lawn and doing odd jobs around the house. Mary has two children whom she has not seen in five years. One child calls on a weekly basis. The other child has not called for four years. John takes Mary to a lawyer for the drafting of her Last Will and Testament. The Will leaves everything to John.
a. Did John unduly influence Mary?
b. Do you need more information to reach a decision? If so, what information.

3. Mary has a tendency to fall. What safety precautions should be installed at her home and why?
4. Should families or the government be responsible for meeting the needs of the elderly?

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1. What action, if any, should a paralegal take if he or she believes a client is incapacitated?
A Paralegal is not a lawyer, which he or she can only refer the matter to a licensed practice Attorney, and let him or her decide if a client is incapacitated, pursuant to ABA Model Guidelines for the Utilization of Paralegals Ethical Comments of Guidelines 2 and 3....

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