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Ethically Serving Seniors through Attorneys-in-Fact

Date: Thursday, December 17, 2015 12:00 PM to 1:00 PM
Venue: Presidents Room / Minnesota State Bar Association  Minneapolis, MN United States  Get Directions
Total Price: $30.00

Deadline to Register: December 15, 2015

On-site registration will begin at 11:45 AM.

In-person attendees may feel free to bring a lunch. Beverages will be provided.

“Who’s the client?” is an important question in any elder law practice. While the legal issues may most directly affect a senior, another person may be initiating contact with the attorney. This lunchtime seminar will examine the following ethical questions related to representation conducted through a senior’s attorney-in-fact:

• What important considerations influence the duties an attorney owes to 1) a senior and 2) an attorney-in-fact where the representation involves legal issues that affect the senior?
• If an attorney identifies the senior as the client and the senior indicates that the attorney should conduct the representation through the senior’s attorney-in-fact, what factors should influence when and how frequently the attorney communicates directly with the senior?
• How can an attorney effectively explain to the attorney-in-fact that he or she represents the senior, or if the attorney represents the attorney-in-fact, effectively explain that the attorney represents the attorney-in-fact as a fiduciary and not with respect to the attorney-in-fact’s personal interests?
• Do the duties of an attorney toward an attorney-in-fact granted durable power of attorney change if the senior client loses relevant decision-making capacity during the representation? If so, how?

Attorneys Michael J. Burke and Judith Rush will walk seminar participants through their assessments of these considerations and ethical questions, and address how a complaint against an attorney would be handled in the disciplinary system.

Mr. Burke will lend his experience from over 25 years of practice in estate planning, probate, real estate, guardianship, and conservatorship. He has litigated disputes in probate, guardianship, and conservatorship. He is a former chair of the MSBA Elder Law Section and currently co-chairs the Ramsey County Bar Association’s Real Estate Section.

Ms. Rush, current Chair of the Minnesota Lawyers Professional Responsibility Board, brings her experience as a volunteer in the lawyer disciplinary system for 18 years and member of the Minnesota Supreme Court Task Force on the Discipline System, as an ethics lawyer, and as an adjunct professor who taught professional responsibility at Hamline Law School and William Mitchell College of Law.  


Michael J. Burke, Attorney at Law | Michael J. Burke Law Office
Judith Rush, Director of Mentor Externship | University of St. Thomas School of Law

CLE Credits:

1.0 Ethics Credit (application pending) | Event Code: 213208 


Elder Law Section Member:  Free
MSBA Member not in the Elder Law Section:  $15.00
Join the Section and attend this CLE for Free: $25.00 | MSBA members who are not members of the Elder Law Section can join the Section and attend this CLE for Free.  Not avaialble for on-line regsitration. Call Tram Nguyen at 612-278-6316 to take advantage of this offer).
Non-MSBA Member:  $30.00
Law Student: Free


Please feel free to bring your own lunch to this seminar. Water and soft drinks will be provided.

Remote Participation: 

Teleconferencing and webcasting  are available. Please indicate remote participation when registering. Instructions will be emailed to you the day before the CLE.

Want more information about the Elder Law Section
To register with a check, please mail in this registration form.
Need to cancel? Please see our cancellation policy.
Questions? Contact Tram Nguyen | 612-278-6316

No sessions have been associated with this event.