This session will review the concerns about diminished and diminishing capacity from the perspectives of both the testator/settlor, as well as that of a fiduciary who is managing assets for a beneficiary who is compromised by disability (mental health, intellectual disability, or otherwise). Specifically, this session will cover drafting considerations, recommended actions to be taken to safeguard the compromised testator/settlor’s wishes, and recommended actions to be taken by fiduciaries to safeguard and carry out directives r on behalf of a compromised beneficiary, particularly when traditional rules governing actions by fiduciaries in this domain are poorly defined and inconsistently applied.
Presenter: Tara Anne Pleat, Esq.
Contact: Daniel McCarroll – mccarrold@umkc.edu
