On September 20th, Liliane Bettencourt, the richest woman in the world died at age 94. Scandals of several types plagued the last years of her life and the lives of those around her going as far as alleged campaign contributions in great excess of the legal limit to former president of France, Nicolas Sarkozy. Aside from the political scandals, Bettencourt was involved in intense family drama to put it mildly. The heiress to the L’Oreal fortune amassed an incredible amount of wealth and at her death was worth approximately $44 billion. Her father, and known Nazi sympathizer, started the company that owns brands such as Garnier and Lancome and…
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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 fourteen-year-old may not be able to legally enter into a contract, but he or she is likely capable of making decisions and expressing opinions regarding with which parent he or she would like to live. In scenarios involving memory loss, a client may exhibit mental impairment one day and be…
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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 such, she hired a friend and attorney, Harriet Hopkins, to help her choose a long-term care facility and get her affairs in order. Despite a falling out over their mother’s estate some years back, Frank, Carole’s brother, intervened when he realized Ms. Hopkins drafted a durable power of attorney (“DPOA”)…
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North Carolina Court of Appeals Clarifies Reach of Clerk of Court’s Original Jurisdiction
A recent decision by the North Carolina Court of Appeals reinforced the distinction between claims over which the trial divisions have original jurisdiction and claims which are properly brought before the Clerk of Court.[1] In Morgan-McCoart v. Matchette, an elderly woman, Ms. Simpson, created a revocable trust and executed a Durable Power of Attorney in 2008. Her daughter, Julie, was named as her trustee and attorney-in-fact, and her other daughter, Claudia, was named as the alternate trustee and attorney-in-fact. Ms. Simpson was declared incompetent in 2009. Julie lived in California, making it difficult to fulfil her duties. Accordingly, Julia…
