What should be done if a client has diminished capacity to make decisions?

When a client is found to have diminished capacity to make decisions, it is essential to take appropriate steps to ensure that their interests are protected. Appointing a guardian is a recognized course of action in such circumstances. A guardian, typically appointed by a court, is responsible for making decisions on behalf of the client who cannot adequately do so due to mental or physical limitations. This helps safeguard the client’s rights and ensures that decisions are made in their best interest, given their impaired ability to participate in the decision-making process.

Choosing this option reflects an understanding of both ethical responsibilities and legal frameworks that protect vulnerable individuals. It recognizes the need for a structured approach to decision-making that prioritizes the client's well-being when their ability to act on their own is compromised.

In contrast, making decisions solely based on the attorney's judgment does not comply with ethical standards for client autonomy and could lead to conflicts of interest. Withdrawing from representation disregards the obligation to the client, which could lead to a lack of guidance when most needed. Consulting with other clients is unrelated to the primary responsibility of addressing the needs of the client with diminished capacity and may violate confidentiality principles. Thus, the appropriate action when a client has diminished capacity is to pursue the appointment of a guardian