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Decision Making by the Declining Mind: How Friends and Family Can Help, and the Risk for Abuse

CPD Information: 1 Substantive Hour for Lawyers

2022-03-21 Decision Making by the Declining Mind_Website 876x254 Archive


When a person’s mental capacity diminishes and they are unable to make their own decisions - often due to aging, illness or injury - friends or family members naturally step in to assist. Incapacitated people may need help with making decisions about everyday activities, including nutrition, clothing and hygiene, or more complicated, legal scenarios such as signing a contract, getting married or preparing their will. However, determining one’s capacity is a complex issue and is time and matter-specific. Litigation can arise when there is an alleged misuse of the powers granted, including the management of the individual's money or property and decisions about personal care, or if a loved one feels the person was incapacitated during decision-making processes.

Join our panel of experienced Trusts & Estates Litigators to discuss capacity issues. Learn how the court determines one’s mental capacity and how to deal with litigation where a person’s capacity is an issue. Gain insight on powers of attorney, the obligations of an attorney for property or personal care, and practical considerations for decision-making concerning an incapable person. Whether you approach this topic as a family member, friend, educator or professional advisor, this panel discussion will equip you to think and act clearly in these types of challenging situations.

Topics include:

What does it mean to “lack capacity”?

What are powers of attorney?

What are the obligations of an attorney for property or personal care?

When might litigation arise? What are some common examples?

How does the court deal with litigation where a person’s capacity is an issue?

For information regarding our webinars and communications, please contact:
Bryan Jones | | 416.865.4745

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