A finding that a person lacks capacity is an important juncture in the aging process and often impacts one’s estate plan. It can be an issue at the outset of the estate planning process when determining if a client has the testamentary capacity to complete an estate plan. It also is relevant when determining what sorts of decisions a client can continue making on their own, and which should be ceded to others, for example enabling an agent under a Power of Attorney to take control of financial matters or a successor Trustee to manage a trust.
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