Tips for Dealing With and Drafting for Clients With Diminished Capacity

Tips for Dealing With and Drafting for Clients With Diminished Capacity

Author: The American College of Trust and Estate Counsel | ACTEC February 7, 2024 Duration: 13:50

Legal experts offer recommendations for estate planners when handling clients with diminishing capacity, including ethical considerations, POAs, trust planning, and more.

The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.


Each week, ACTEC Trust & Estate Talk brings a direct line to the forefront of wealth planning law and policy. This isn't abstract theory; it's grounded, practical discussion drawn from the deep expertise of The American College of Trust and Estate Counsel, a national association of roughly 2,400 peer-elected lawyers and law professors. You'll hear these leading professionals unpack the complexities of estate planning, probate, and trust law, translating dense subjects into clear, actionable insights. The conversations in this podcast focus on the evolving landscape that affects both practitioners and their clients, from legislative shifts and tax implications to nuanced ethical considerations and family dynamics. It’s a resource for staying current and refining your approach, offering a blend of strategic commentary and best-practice advice you can apply directly. Tune in for a thoughtful examination of the field, where each episode aims to deepen your understanding of the critical issues shaping trust and estate counsel today.
Author: Language: English Episodes: 100

ACTEC Trust & Estate Talk
Podcast Episodes
Caution for Divorcing Spouses Who Are Trust Beneficiaries [not-audio_url] [/not-audio_url]

Duration: 8:54
Takeaways from the 2023 Massachusetts divorce case, Jones v. Jones, for parents who support their married children may diminish trust assets in a divorce. The American College of Trust and Estate Counsel, ACTEC, is a pro…
Modifying Trusts after CCA 202352018 [not-audio_url] [/not-audio_url]

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A T&E expert reviews CCA 202352018's true scope, how it affects designing trusts when drafting, and some considerations when modifying trusts. The American College of Trust and Estate Counsel, ACTEC, is a professional so…
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An overview for professionals advising clients about leaving IRA assets to beneficiaries that have not reached majority, such as minors and young adults. The American College of Trust and Estate Counsel, ACTEC, is a prof…
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Strategies for limited partnerships and S corporations to minimize self-employment tax and net investment income tax following a 2023 tax court decision. The American College of Trust and Estate Counsel, ACTEC, is a prof…
Restricted Charitable Gifts: Practical Suggestions [not-audio_url] [/not-audio_url]

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Estate planners share legal considerations, strategies and advice for donors and charities to address restricted charitable gifts, UPMIFA, and UTC states. The American College of Trust and Estate Counsel, ACTEC, is a pro…
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Duration: 12:38
A discussion on fiduciary record-keeping, covering best practices, legal implications, and strategies for addressing incomplete or lost trust and estate records. The American College of Trust and Estate Counsel, ACTEC, i…
Powers of Appointment Gone Wrong [not-audio_url] [/not-audio_url]

Duration: 15:10
A discussion by estate planning litigators of what trustees need to know when problems arise with the exercise of powers of appointment, important tool in the estate planning attorney's toolbox box. The American College…
Charitable Deductions and Section 642(c) [not-audio_url] [/not-audio_url]

Duration: 7:07
Details for tax planners regarding the requirements for an estate to qualify for an income tax charitable deduction under IRS Code Section 642(c). The American College of Trust and Estate Counsel, ACTEC, is a professiona…
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An attorney discusses the April 23rd, 2024, Federal Trade Commission (FTC) ruling on noncompete agreements and how to advise business owners and clients. The American College of Trust and Estate Counsel, ACTEC, is a prof…