FAQ Friday: Capacity
On Friday, May 3rd, attorney, Paula M. Mattson-Sarli discusses capacity.
The common definition is the ability to sign documents. However, it goes much deeper than that.
There are different types of capacity for Wills. It’s called testamentary capacity. They need to know who their loved ones are, know their assets, and can direct witnesses to sign.
Contractual capacity means they need to understand the ramifications of documents such as power of attorney forms.
It’s often not just legally speaking that we need to determine capacity. If a client has Alzheimer’s and has some sort of memory loss. If there is an inability to remain independent then for their sake of not being taken advantage of, that is something to determine as well.
We need to look to our clients first, respect their independence and determine capacity.
There is often a transition period with children and loved ones helping more before immediately jumping to those loved ones taking over.
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