VICTIM I am the youngest of four children. I was named Power of Attorney by my parents in 2013. I assisted in caring for them in their home for many years. In 2019, my husband and I created an en-suite apartment for my parents in my home. I wanted to create a space to give them the opportunity to age-in-place with dignity and respect while providing the safety and assistance they required. My father had severe Dementia at this time and had bouts of aggression and rage. My mother also had the beginnings of dementia but it was not as advanced as my fathers. I employed two caregivers to help get some relief a few hours a day. My father passed away in September of 2019 and my mother continued to live in the en-suite apartment. Around that time, she started showing signs that her Dementia was worsening. I decided to keep the caregivers on as my mother enjoyed their time and her safety needs were increasing. Fast-forward to March of 2020 when the world shuts down and a caregivers burden is exponentially increased with the COVID-19 pandemic as there are no options for relief, no respite, no breaks, no assistance from anyone including family members. During this awful scary time we lost my mother in-law to COVID not long after the pandemic started and we were unable to have a proper funeral secondary to the situation at hand. This further expounded the grief and stress I had to experience. This is all in addition to my son who was diagnosed with an inoperable brain Avm in 2018 and underwent radiation treat My son was hospitalized twice during this time with severe brain swelling and he was experiencing grand mal… Read More
Rule 1.1 Competence (a) A lawyer shall not intentionally, recklessly, with gross negligence, or repeatedly fail to perform legal services with competence. (b) For purposes of this rule, “competence” in any legal service shall mean to apply the (i) learning and skill, and (ii) mental, emotional, and physical ability reasonably* necessary for the performance of such service. (c) If a lawyer does not have sufficient learning and skill when the legal services are undertaken, the lawyer nonetheless may provide competent representation by (i) associating with or, where appropriate, professionally consulting another lawyer whom the lawyer reasonably believes* to be competent, (ii) acquiring sufficient learning and skill before performance is required, or (iii) referring the matter to another lawyer whom the lawyer reasonably believes* to be competent. (d) In an emergency a lawyer may give advice or assistance in a matter in which the lawyer does not have the skill ordinarily required if referral to, or association or consultation with, another lawyer would be impractical. Assistance in an emergency must be limited to that reasonably* necessary in the circumstances. Comment [1] This rule addresses only a lawyer’s responsibility for his or her own professional competence. See rules 5.1 and 5.3 with respect to a lawyer’s disciplinary responsibility for supervising subordinate lawyers and nonlawyers. [2] See rule 1.3 with respect to a lawyer’s duty to act with reasonable* diligence. Rule 1.2 Scope of Representation and Allocation of Authority (a) Subject to rule 1.2.1, a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by rule 1.4, shall reasonably* consult with the client as to the means by which they are to be pursued. Subject to Business and Professions Code section 6068, subdivision (e)(1) and rule 1.6,… Read More
