An advisable way to approach extracting issues of capacity with an elderly individual is through delicate conversation. It is important to avoid offending clients who may be uncomfortable, but it can be crucial to proper estate planning. Sometimes, apparent symptoms of incapacity can in fact result from cultural differences between client and lawyer.
At various times, Rob Ford has revealed an alarming capacity for lack of candour and an inability to listen to the advice of those closest to him. There is no indication that these sorts of behaviours would be any different with a lawyer. I would not take Mayor Ford on as a client. But then again, he is unlikely to ask me.
I'm all for uniqueness when it comes to naming a child. After all, no one wants to give their child a name that will be shared by three or more kids in their grade school classroom. That being said, parents still need to consider certain parameters when making a decision that will affect their child for many years to come. Case in point: the poor child incredulously named "Adolph Hitler Campbell."
When interests between management and shareholders become adverse, even through the regular course of events, it is important for boards to have their own set of lawyers who are independent from management and seen as objective and willing to act in the interests of directors, not management, and ultimately shareholders.
Though incidences of Taser-related deaths have fallen out of the spotlight of late, a new study links the devices with death. If death is a possible consequence of Taser use, particularly when it comes to individuals who may have mental health or drug abuse issues, shouldn't that suggest much more cautious use of these devices?