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Does Your Elderly Client Suffer From Diminished Capacity?Does Your Elderly Client Suffer From Diminished Capacity?

Making this determination involves navigating a sea of issues

Bryan D. Kirk, Managing Director and Trust Counsel

June 16, 2016

12 Min Read
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John is your long-time client. You’ve been through a lot with him: marriage, divorce, premarital agreements, trusts for his children from his first marriage, trusts for his children from his second marriage, the administration of his parents’ estates, the administration of his living trust following the death of his second wife, squabbles among his children and several rounds of updates to his estate plan along the way.

John expects you to be at the ready when he calls or simply shows up, so you don’t think twice when your assistant tells you he’s in your reception area. You lead him back to your office. He asks you about your family and makes the same bad lawyer jokes he always makes when he sees you.

It’s been a few years, so you’re curi...

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About the Author

Bryan D. Kirk

Managing Director and Trust Counsel, Fiduciary Trust Company International

Bryan D. Kirk, Managing Director and Trust Counsel, is a senior trusts and estates advisor for Fiduciary Trust Company International, where he provides guidance on all aspects of estate planning and trust and estate administration. Mr. Kirk has broad experience in multi-generational asset management and transfer planning, including estate, gift, generation-skipping transfer and income tax planning, charitable giving, philanthropy, real property matters and complex assets, such as private equity and debt. He also serves as Chief Fiduciary Officer of Fiduciary Trust Company International of California. Before joining Fiduciary Trust Company International, he was a partner with Botto Law Group LLP in San Francisco. Mr. Kirk earned his law degree from University of California, Berkeley, and graduated cum laude from Claremont McKenna College with a Bachelor of Arts degree in literature and government.