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Webinar: Got Capacity? Selecting and Applying Mental Capacity Standards
March 25, 2021 @ 12:00 pm – 1:00 pm
1 Hour MCLE; 1 Legal Specialization in Estate Planning; Trust & Probate Law
As Baby Boomers age, lawyers increasingly face situations where clients or other parties have questionable mental capacity. What are the governing capacity standards in estate planning and other civil law contexts? How should an estate planner evaluate and document a client’s capacity to make or change an estate plan? What ethical obligations and potential liability does a lawyer have? How will a court review a mental capacity challenge to a document, and how does the estate planner’s testimony fit into the puzzle? In this webinar, we will review the rules (not always clear-cut) that apply to mental capacity and apply them to estate planning situations, with practical suggestions.
Speakers: Jeffrey Galvin and Jerilyn Paik.
Speakers
Jeffrey Galvin
Jeffrey S. Galvin is a litigation partner at Downey Brand LLP, based in Sacramento. His practice focuses on trust and estate disputes, including the representation of trustees, beneficiaries and creditors.
Jeff is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association. He is the creator and editor of Trust on Trial (www.trustontrial.com), a blog about California trust and estate litigation.
A frequent speaker on mental capacity and undue influence issues, Jeff is the author of “The Andersen Twist in Trust Contests: Testamentary Capacity Standard Sometimes Applies When Document Resembles a Will,” which appeared in California Trusts and Estates Quarterly, Vol. 17, Issue 2 (2011).
Jeff grew up in San Francisco and attended Harvard College and UCLA School of Law. Before joining Downey Brand, Jeff litigated consumer protection cases for the Federal Trade Commission in Washington.
He can be reached at jgalvin@downeybrand.com or 916-520-5242.
Jerilyn Paik, Esq.
Jerilyn Paik is the principal of the Law Offices of Jerilyn Paik and is certified as a specialist in estate planning, trust and probate law by the State Bar of California, Board of Legal Specialization. She has more than 30 years’ experience in estate planning and probate, including litigation and disputed trust and probate matters.
Jeri successively defended a Trustee (including against charges of undue influence) at trial, which was upheld by the Third District Court of Appeal in Pizarro v. Reynoso (2017) 10 Cal.App.5th 172. She has lectured at several colleges and law schools and is a frequent presenter on probate, estate planning and trust administration for continuing education programs for attorneys and other professionals.
Jeri was born and grew up in Los Angeles and earned her B.A. degree from the University of Southern California and her J.D. degree, with distinction, from Loyola Law School, Los Angeles. She is married to a law professor and has two sons, one of whom is a lawyer in D.C.Jeri can be reached at Jeri@jplawoffice.com or 916-568-1222.
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