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Webinar

2024 Dementia and the courts: Litigating powers of attorney, contested guardianships, and beneficiary designations


Total Credits: 1.0 MCLE, 1.0 Ethics, 1.0 Elimination of Bias

Practice Area:
Elimination of Bias |  Ethics |  Litigation / Trial Practice
Format:
Audio and Video

Dates


Description

This program was originally presented at our 2024 MOSOLO Small Firm Conference, June 6-8, 2024.

As our population ages, attorneys are increasingly placed in the difficult position of assessing our client's capacity and protecting against undue influence. At the same time, we are ethically obligated to treat clients with diminished capacity as normally as possible. This presentation will focus on three increasingly common issues: litigating powers of attorney, contested guardianships, and beneficiary designations.

Learning objectives:

  • Our ethical obligation to both assess the capacity of our clients and to treat clients with diminished capacity as normally as possible.
  • Potential abuses of powers of attorney and actions for accounting.
  • Key issues and evidence in contested guardianships of persons with dementia.
  • Litigating incapacity and undue influence claims with beneficiary designations.

Speaker: Timothy F. McCurdy, The McCurdy Law Firm, LLC, Chesterfield

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.

Speaker

Timothy McCurdy's Profile

Timothy McCurdy Related Seminars and Products

The McCurdy Law Firm, LLC


Tim McCurdy is Of Counsel at the firm. Tim grew up on a farm in Southwest Iowa. After obtaining his law degree from the University of Notre Dame, Tim moved to St. Louis to “watch a few Cardinals games” before returning to Iowa. Tim met his now wife and his plans quickly changed – Tim has called St. Louis home for more than twenty years.

Throughout Tim’s legal career, he has helped clients protect their rights in lawsuits throughout the country. After watching a loved one suffer from Alzheimer’s disease, Tim developed a passion for elder law. Tim’s practice now combines his more than twenty years of litigation experience with an in-depth knowledge of estate planning and probate.

Tim devotes his practice to helping families navigate disputes involving estate plans and probate administration. Tim’s trusts and estates litigation practice includes trust and will contests, the removal of fiduciaries, demands for accountings, and contested guardianships. Tim is also frequently appointed by probate judges to represent individuals facing guardianship petitions, and as a court-appointed fiduciary.

Tim also helps families protect their life savings while ensuring access to the health care they need through Medicaid and special needs planning. Tim’s elder law practice also includes helping families develop estate plans to avoid probate and to protect against future challenges to their estate plan.

Tim lives in Chesterfield with his wife, two sons, and two dogs. Outside of the office you can likely find Tim in the stands at a hockey rink or a theater cheering on his sons.


Dates

Wed, Sep 24, 2025 - 12:00 PM to 12:51 PM CDT
Mon, Nov 10, 2025 - 12:00 PM to 12:51 PM CST
Thu, Jan 29, 2026 - 12:00 PM to 12:51 PM CST
Tue, Mar 17, 2026 - 12:00 PM to 12:51 PM CDT
Tue, Apr 14, 2026 - 12:00 PM to 12:51 PM CDT
Fri, Jun 05, 2026 - 12:00 PM to 12:51 PM CDT

Cancellation Policy

Click HERE to review the Cancellation Policy.