Tips From the Pros: On the Road to IncapacityTips From the Pros: On the Road to Incapacity

As more mature individuals continue to age, their ability to comprehend and validly execute legal documents will most likely deteriorate. Declining mental capacity may begin at various points in time, depending on the individual, may progress slowly or rapidly and may become more or less debilitating. The moment after which a client should no longer be asked or expected to sign a will, trust instrument or similar document may be difficult for the estate planner, who’s almost certainly lacking in medical training and expertise, to detect. Estate planners must nevertheless strive to provide the best possible representation for their clients in these circumstances.¹

Recognizing Impending Disability

Even if a client has the necessary capacity ...