As clients live longer and wealth remains invested well into retirement, financial advisors increasingly face complex situations involving diminished capacity, family conflict, and potential elder financial exploitation. In this session, securities attorney Michelle Atlas-Quinn will provide a practical legal framework for navigating these sensitive situations while protecting both clients and advisory firms. The program will explore how regulators evaluate advisor responsibilities when working with aging clients, how legal capacity differs from observable warning signs of cognitive decline, and why advisors must document concerns carefully without attempting to diagnose medical conditions. Michelle will also discuss account titling considerations, jurisdictional issues, the limits of custodian involvement, and the litigation risks advisors face after a client’s death. The session will further review the federal regulatory framework, including SEC Rule 2165 and Regulation S-P, along with practical risk-mitigation strategies advisors can implement to recognize red flags, escalate concerns appropriately, and respond to suspected exploitation while maintaining compliance and client confidentiality.
*CE/CPE Eligible: 2.0 CE credit(s) is(are) available to FEN Members with these designations: CFP, IAR, CLU, ChFC and RICP. CPA members will earn 2.0 CPE credit(s).
Field of Study: Specialized Knowledge
Prerequisites: There are no prerequisites for this session.
Advanced Preparation: None
Program Level: Basic
Delivery Method: Group Internet Based
NASBA Approved
Financial Experts Network (Sponsor Id#: 145173) is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.