Opinion 131: Representing Clients with Diminished Capacity Where The Subject of The Representation Is The Client’s Diminished Capacity

The Colorado Bar Association recently released Formal Ethics Opinion 131. An abstract of the opinion is below:

This opinion addresses the representation of clients where the subject of the representation is an adult protective proceeding (guardianship and conservatorship). It also encompasses ethical issues when the lawyer is acting as a guardian ad /item in an adult protective proceeding or when the lawyer represents an allegedly incapacitated person. While lawyers are appointed as guardians ad /item in the majority of adult protective proceedings, non-lawyers may also be appointed.

The Colorado Bar Association (CBA) has issued a separate formal ethics opinion that addresses representing clients with diminished capacity where the presence of diminished capacity is incidental to the lawyer’s representation.  See CBA Formal Op.126, “Representing the Adult Client With Diminished Capacity” (2015). This opinion does not cover representation of individuals who are minors or who may have a mental incapacity in addition to their incapacity due to their minority.