Legal Professionalism: Utilizing Poverty Law's Theory of Client Empowerment for Elderly Clients with Diminished Capacity

Lauren E. Palmer, Albany Law School

Abstract

Legal Professionalism: Utilizing Poverty Law’s Theory of Client Empowerment for Elderly Clients with Diminished Capacity

Author: Lauren E. Palmer (J.D. Candidate 2011, Albany Law School)

Research shows that the elderly community in the United States is growing fast. In fact, people are living longer and requiring more diversified services as they age. As many are well aware, one problem that comes with advanced aging is the diminishment of cognitive ability.

This article will address several ethical questions that arise when attorneys attempt to balance their own interests with the interests of clients with diminished capacity. By using the theory of client empowerment, developed by Poverty Law scholars, I propose that this burden may be eased. A few years ago, I began to develop an interest in the ethical issues attorneys may face when counseling and advocating for clients with diminished capacity. I interviewed elderly people with diminished capacity, consulted experts in the fields of Poverty Law and Elder Law, and researched the Model Rules of Professional Responsibility, Poverty Law scholarship and Elder Law scholarship. As a result of completing the above procedure, I learned that attorneys and clients with diminished capacity can benefit from the use of the client empowerment theory. The move from traditional advocacy to a client-centered approach will be an arduous task, but it is this author’s opinion that a client-centered approach is the best option for attorneys advocating for elderly clients with diminished capacity.