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.
