Guardianships as Compared to Clients with Diminished Capacity

At noon on January 28, 2020, at the Madison Club, Attorneys Amy Devine and Anna Dontje of Haskins Short & Brindley LLC will discuss the possibility that in all areas of practice, you may have clients that have dementia, a mental health diagnosis, or a developmental disability that could affect your relationship or communication with them as their attorney.  They will review the definitions and standards for capacity, incapacity, and incompetency.  Additionally, we will address what must be proven in order to obtain guardianship in Wisconsin.  Finally, they will review the practices attorneys can put into place at their practice when working with a client with diminished capacity or under guardianship and the ethical considerations you may have when you suspect a client may have diminished capacity.

Amy R. Devine practices in the areas of estate planning, Medicaid planning, elder law, and probate with Haskins Short & Brindley, LLC. Amy previously worked at MFJ Legal Services in New York City as a senior staff attorney and pro bono coordinator in the Kinship Caregiver Law Project where she worked with grandparents raising grandchildren. She has also worked as the public policy coordinator and lobbyist for Disability Rights Wisconsin. She currently serves on the Board of Directors for New Bridge of Madison and the Public Interest Law Section of the Wisconsin State Bar and is also a member of the Dane County Bar Association.  Amy received her B.A. from the University of Wisconsin Madison and her J.D. from the City University of New York School of Law. She also earned a Master’s in Social Work and Certificate in Applied Gerontology from the University of Wisconsin Milwaukee.

Anna Dontje is an associate at Haskins Short and Brindley LLC, where her practice includes divorce and legal separation, child custody and placement, child support, paternity, and guardian ad litem appointments. Anna is also a member of the State Bar of Wisconsin and Young Lawyers Division of the Dane County Bar Association. Anna volunteers with the Dane County Basic Estate Planning Clinic and as a Dane County Court Appointed Special Advocate. She received her law degree from the University of Wisconsin Law School and her bachelor’s degree from the University of Michigan.

One ethics credit will be applied for.