U.S. FEDEthics opinion
ABA Formal Opinion 525: lawyers owe clients with decision-making limitations the same duties as any other client
The American Bar Association issued Formal Opinion 525 on September 2, 2026, on representing clients with decision-making limitations under Model Rules 1.14 and 1.16. It says lawyers must maintain an ordinary client-lawyer relationship as far as possible and assess limitations independently, may take protective action when a client faces risk of substantial harm, and should not pursue guardianship when less restrictive alternatives are available.
Opinion (American Bar Association) →
Key points
- Lawyers owe clients with decision-making limitations the same obligations as any other client, the opinion says.American Bar Association
- Lawyers may consult family members or others and may petition a court to appoint a guardian for the client.American Bar Association
- A lawyer may not represent a third party seeking guardianship over the lawyer's own client.American Bar Association
- The opinion calls guardianship a serious deprivation of individual rights.American Bar Association
- Withdrawal remains available under Model Rule 1.16 where that rule permits it.American Bar Association
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American Bar Association
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Ethics opinionU.S.ABA Formal Opinion 525ABA Model Rules of Professional ConductProfessional responsibilityTrusts estatesFamilyFor practitioners