Illinois Court Explores Attorney Responsibility in Assessing Client Mental Capacity

SHAREHOLDER DISPUTES Chicago, IL

In Carey v. Hartz, the Illinois appellate court addressed whether attorneys have a duty to assess a client’s mental competence when providing legal services, particularly in estate planning. The case arose from a legal malpractice claim after Alyce K. Newman, who suffered from dementia, modified her estate plan with the assistance of attorneys. Despite clear signs of her diminished capacity, including memory loss and difficulty recalling personal information, the attorneys proceeded with changes to her will that benefitted her son, Leonard, who had a history of gambling problems. After Newman’s other son, Andre, was appointed guardian due to Leonard’s undue influence, he filed a malpractice suit, alleging the attorneys should have assessed his mother’s mental capacity before facilitating the changes.

 

The appellate court reversed the trial court’s dismissal, ruling that while attorneys don’t have a general duty to evaluate a client’s mental competence, they can be held liable if they are aware of a client’s diminished capacity and fail to take appropriate action. The court found that the allegations in the malpractice claim were sufficient to suggest that the attorneys should have recognized Newman’s mental decline and ensured her competence before proceeding with the estate plan modifications. This case highlights the responsibility attorneys have to protect vulnerable clients from undue influence or incapacity, stressing that they must act if there is reason to believe a client lacks the capacity to make critical legal decisions.

 

If you have a question about legal malpractice, contact David Sanders at dsanders@pattersonlawfirm.com.

Share the Post:

Other Related Posts

Secure Your Business Interests

Complex legal matters can be overwhelming.

Navigating insurance claims, shareholder disputes, and commercial contracts without expert guidance can lead to unfavorable outcomes.

Let our seasoned attorneys handle your legal challenges.