Paula Is a Paralegal for John, an Attorney Who Practices

Paula is a paralegal for John, an attorney who practices in estate planning and Elder law. The attorney represents Millie, a wealthy widow in her late 80s with no children. Until recently, Millie had been lucid and quite active in the senior community. Millie's estate was rather complex, and John had been in regular contact with Millie because Millie wants to minimize her estate taxes and a limited partnership was formed to help meet that goal. Now, however, John has not spoken with Millie for several months although he has left several voicemail messages and mailed letters to her. John is concerned because it is mid-December and several matters need to be addressed before the end of the year to continue meeting Millie's goal of minimizing her estate taxes. Finally, Millie calls John, but claims she has never heard of him before and wants him and all the other aliens to stop bothering her. Does John have any obligations toward Millie in this situation?

A) Yes, but only if John first obtains a court order appointing a conservator to make decisions on behalf of Millie.
B) Yes, if John reasonably believes that Millie has diminished capacity and a risk exists that Millie may sustain substantial financial harm.
C) No, because a lawyer must maintain a normal client-lawyer relationship, to the extent possible, even if the client has diminished capacity.
D) No, because public services are available to assist seniors if the senior experiences diminished capacity.

Correct Answer:

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