September Lunch Meeting
Topic and Overview:
Planning for and Managing Incapacity
This program provides a practical roadmap for navigating real property ownership, fiduciary authority, administrative hurdles, and ethical obligations involving impaired individuals. Presenters Tara R. Burd and Uzzell S. Branson IV will examine the tools available before and after capacity declines, including trusts, powers of attorney, substituted judgment petitions, and conservatorships.
The discussion will cover California’s capacity framework under Probate Code sections 810–812, the importance of clear trust incapacity provisions, the limits and risks of durable and springing powers of attorney, and the circumstances in which court-supervised solutions may become necessary. The program will also address attorney duties when working with impaired clients or successor fiduciaries, including confidentiality, conflicts of interest, prior representation issues, and guidance from COPRAC Formal Opinion 2021-207.
Attendees will leave with practical strategies for identifying capacity issues early, preserving client autonomy where possible, protecting vulnerable individuals from harm, avoiding common ethics traps, and selecting the least restrictive and most effective vehicle for managing incapacity, real property, and long-term care needs.
Speaker Bio:
Tara R. Burd serves as Managing Partner of RMO LLP’s San Diego office, where she leads both the office’s operations and its litigation practice. She represents heirs, beneficiaries, fiduciaries, creditors, and other interested parties in complex trust and estate disputes, with a particular focus on contested trust and estate administrations and fiduciary defense. With over 15 years of experience, Tara is known for her strategic leadership and her ability to drive matters toward resolution, whether through negotiated outcomes or trial.
Tara distinguishes herself through her ability to see the full landscape of a dispute, balancing legal strategy with practical resolution and client-focused guidance. As a managing partner, she not only advocates for clients but also shapes case direction, team execution, and overall litigation strategy in high-stakes matters.
She is deeply engaged in the broader legal community and is widely regarded as a leader in the trusts and estates field. Tara previously served on the board of the California Lawyers Association and contributed to The State Bar of California’s Access Through Innovation of Legal Services Task Force. She is also a frequent speaker for organizations including the California Lawyers Association, La Jolla Bar Association, and National Business Institute.
Her leadership and impact have earned her recognition as a “Women of Influence in Law” by the San Diego Business Journal, a Lawdragon 500 X – The Next Generation honoree, a Top 25 Women San Diego Super Lawyer, and a Super Lawyer in estate and trust litigation.
