Epi 50: Navigating Dementia: Legal Rights and Client Capacity
Description
Elder law attorneys regularly encounter clients with dementia, yet many misunderstand that a diagnosis doesn't automatically prevent someone from signing legal documents. Todd Whatley explains when and how individuals with dementia can execute valid legal documents and avoid unnecessary guardianships.
• Understanding dementia as a progressive condition affecting memory and reasoning differently across stages
• Document capacity depends on document risk – higher risk requires greater capacity
• Pushing clients to guardianship unnecessarily removes rights and limits planning options
• Essential documents include comprehensive powers of attorney, healthcare directives, and probate-avoidance planning
• Communication techniques: speak slowly, use simple language, schedule morning appointments
• Legal capacity assessment should be made by the attorney at time of signing, not solely by medical diagnosis
• Early planning remains crucial – encourage clients to complete documents while capacity is clearest
If you're interested in advancing your knowledge in elder law, Medicaid, VA, or estate planning for older people, I would love to work with you. Visit my website theelderlawcoach.com or email me at Todd@theelderlawcoach.com.
Check out our new website www.TheElderLawCoach.com.
United States
