Posted on March 13, 2015 by Julie Brook, Esq.
When you’re preparing a will or trust for someone for whom capacity might later be raised as an issue, you have a potentially powerful tool that can help avoid later disputes: video. There’s nothing like a judge seeing a competent person discussing the disposition of his or her estate to knock the wind out of claims of incapacity. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: Estate Planning, incapacity, incompetence, settlor, testator, undue influence, video recording, will contest, will dispute, wills and trusts | 1 Comment »
Posted on April 23, 2014 by Julie Brook, Esq.
One of the most difficult concepts to accept for those with some form of “incapacity” is a restriction on their ability to drive. And taking away the car keys from someone else is one of the hardest things to do. Here’s an overview of how California’s DMV deals with driving capacity issues and what to do when an elderly client wants to get the keys back. Continue reading
Filed under: Elder Law | Tagged: capacity, DMV, driver's license, driving, elderly drivers, incapacity, older drivers | 2 Comments »
Posted on February 5, 2014 by Julie Brook, Esq.
Every estate plan should consider potential incapacity. In California, one of the primary vehicles used to plan for an individual’s incapacity is a durable power of attorney for financial management (DPOA) (the other is an advance health care directive for health care decisions, see Being Prepared Is Ageless: Everyone Should Have an Advanced Health Care Directive). Let’s look at the pros and cons of using a DPOA.
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: capacity, DPOA, Durable Power of Attorney, estate plan, incapacity, legal capacity | 5 Comments »
Posted on November 20, 2013 by Julie Brook, Esq.
When there are issues involving your client’s capacity or the existence of undue influence, you may want to get a neuropsychologist on the case to perform assessments and/or act as an expert witness. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: capacity, consultant, elder law, expert witness, incapacity, neuropsychologist, undue influence | 3 Comments »