• Blog Post

    Basic Ethics of Representing Clients with Diminished Capacity

              Representing clients with diminished capacity can present a challenge for even the most experienced attorney, and every client and every matter is different.  Minors of the same age may have vastly different maturity levels and clients suffering from dementia may have varying symptoms and abilities to recall information or make informed decisions. For example, a…

  • Blog Post

    Rule 11 Sanctions and Incompetency Proceedings

              In Re Cranor began as a straightforward incompetency proceeding, but devolved into a Rule 11 battle between two North Carolina attorneys.[1]  The proceeding centered on a woman named Carole Cranor.  Because of her early onset dementia, Carole had difficulty preparing meals for herself, suffered dehydration, and sustained a fall due to her diminished mental capacity.  As…

  • Blog Post

    Guardianship Proceedings in North Carolina

             It is prudent to execute a healthcare and/or financial power of attorney well in advance of necessity to ensure your individual wishes are honored in the event you are unable to attend to your own needs.  However, competency is required to execute a power of attorney.  If you become incompetent and do not have a durable…

  • Blog Post

    Powers of Attorney: General Considerations

              While many people recognize the term “power of attorney,” most do not know how to create a valid power of attorney or choose between the various considerations.  It is important to prepare safeguards to protect current and future assets long before one faces severe illness or incapacity.  A power of attorney is a straightforward and…

  • Firm News

    Lindley Law Secures Order Striking Deed from Chain of Title

    Earlier this month, Lindley Law secured an order declaring a contested deed null and void for lack of proper authentication.  Representing the guardian of the estate of an elderly woman who was adjudicated incompetent, Lindley Law sought to protect her property interest from an attempted transfer by her son.   Lindley Law alleged the deed was invalid under eight different…