Probate Needs of a Disabled Adult Personal Injury Client

If you have a disabled adult client who lacks capacity to  make personal and financial decisions,  you must open a guardianship estate and appoint a guardian prior to entering into a Contingent Fee Agreement.    An adult lacking capacity cannot enter into a contract.

An exception may exist if the client executed a Power of Attorney for Property prior to the disability.  If a POA does exist, you should review it carefully to determine if the necessary authority was granted to the agent to enter into a contract such as is required for representation in a personal injury lawsuit.

A disabled client lacking capacity will also require either an agent, or guardian to make decisions on behalf of the disabled client, when a settlement is imminent. 

For more information on the probate needs of a disabled personal injury client