Legal Drafting for Elderly and Cognitively Impaired Clients

1 hour verifiable CPD

Legal drafting can be a tedious process without an added element of creating a document that is accessible for an elderly or cognitively impaired client. 

Emma Horne, Partner at Thorntons, will address what it means to draft a document for an elderly or cognitively impaired client, and how this can differ from average practices. She will analyse the importance of clear scope of financial and welfare powers, working with a guardian or attorney to draft documents on behalf of a client, and the potential for drafting for fluctuating capacity. Finally she will consider how to provide protection and advice for assets that the client may not fully understand, such as digital assets. Time will be allocated for questions and discussion with the speaker. 

Learning Outcomes: 

• Compare and contrast legal drafting for elderly and cognitively impaired clients vs everyday practices 
• Learn the importance of clear financial and welfare powers and clarity for protecting different types of assets your client may not understand 
• Assess whether documents can be drafted to account for fluctuating capacity in clients