Probate Executor? Tips for Defusing Volatile Family Dynamics

Sometimes death has a way of bringing out the worst in families. The death of a parent and the subsequent efforts to settle the estate can renew old rivalries among siblings. Ask those who grew up in dysfunctional families, and they’ll tell you that just because they’re older doesn’t mean that relationship problems disappear. The issues that divided that family 20 years ago likely still remain. Grudges and perceived inequities still can feel fresh. If there’s a significant amount of money to be divided among family members, things can quickly become hostile. If you’re the Probate Executor, here are some tips for defusing volatile family dynamics.

Inheritance fights are on the rise

A huge number of baby boomers have done nothing to prepare for retirement, and accumulated assets from their more frugal parents become a critical part of their retirement planning. When things go badly, people realize that they need their inheritances. A lot of people are living off the parental dole. As their parents near the end, these children grab as much as they can and are far less willing to share it with their siblings. An uneven economy, layoffs and shrunken retirement plans have hurt many.

Here are three common trigger points for family fights over inheritances:

1. Mom always liked you best

While nobody really wants to be an Executor, deep down inside we want to be asked, because we equate being named Executor as both a vote of confidence and a validation of our relationship with the person who died. It’s also an indicator of leadership and intelligence. Not being asked can create resentment toward the person who was asked. That resentment can create distrust of the process and constant questioning of the decisions that are made. If you have been named the Executor, you can minimize resentment by being sensitive to others’ feelings, staying approachable and encouraging collaboration.

2. Fair isn’t always equal

There’s often a gap between what beneficiaries expect to receive and what they actually get. One of the most common refrains is “Mom said she wanted me to have [fill in the blank] after she died.”

This becomes a slippery slope. If the Will doesn’t specify the distribution of an individual item, the item belongs to the estate. If there’s no Will, that item and everything else belongs to the estate. While some requests from family members may seem small enough, they present risks. If the Executor were to let Joanne take that one heirloom vase that wasn’t specifically bequeathed to her, everyone else will want to take something. They may decide to take one more item each. Then another. Before you know it, the estate becomes diminished.

3. Facing your judge and jury

Family members are stakeholders, and they can be harsh critics. Questions can escalate into accusations if they aren’t answered, or if the other beneficiaries don’t like the answers. Constant criticism can put tremendous pressure on Executors. Fear of conflict can be paralyzing, which is one of the reasons Probate can drag on for years.

Simple steps for keeping family members on board

An Executor may not be able to control a dysfunctional family. If you’re an Executor, what you can do is be transparent, document everything you’re doing and communicate early and often.

• Tell everyone the rules. Let family members know that there will be some collaboration. There are going to be decisions that you will have to make on your own. Just keep your siblings updated.
• Consider a Mediator. If you know that your family’s level of dysfunction could complicate Probate, consider bringing in a Mediator. A Mediator will remain neutral and work with your family to resolve disputes over inheritance. Having a third party can defuse volatile situations.
• Take care of yourself. Take care of yourself through this difficult and emotional process. Set boundaries about the time you’ll focus on Probate issues and keep up with the rest of your life. Many Executors also have demanding full-time jobs and families. It’s critical to find a balance.

California Document Preparers assists our clients with Probate. While Probate can seem overwhelming, it’s a methodical process and we assist you through each step for one fixed fee of $4,500. Schedule an appointment today by contacting us at one of our three Bay Area offices. Our dedicated team is helpful, compassionate and affordable.

Your Living Trust and the ER: When It May Not Be Enough

You’ve created a Living Trust, an Advanced Healthcare Directive and signed a Do Not Resuscitate Order (DNR). You’ve done everything right, but is this enough? In one alarming example, a nurse was under the misguided belief that Living Trusts automatically include DNRs. She instructed the doctor not to resuscitate the elderly patient who been rushed to the emergency room with a urinary tract infection, but was otherwise in good health.

Fortunately, the doctor looked at the medical record that said “Do everything possible,” with a checkmark approving cardiopulmonary resuscitation. The patient was treated, recovered quickly and released within a few days.

Mistakes surrounding documents that guide end-of-life decisions are common

Unfortunately, misunderstandings involving documents meant to guide end-of-life decision-making are “surprisingly common,” said Dr. Monica Williams-Murphy, medical director of advance-care planning and end-of-life education for Alabama’s Huntsville Hospital Health System.

Yet, amid the push to encourage older adults to document their end-of-life preferences, health systems and state regulators don’t systematically track mixups of this kind, and they receive little attention. As a result, information about the potential for patient harm is scarce.

Pennsylvania finds nearly 100 incidents of code status violations in 2016

A new report from Pennsylvania, which has the nation’s most robust system for monitoring patient safety events, treats mixups involving end-of-life documents as medical errors.

• In 2016, Pennsylvania health care facilities reported nearly 100 events relating to patients’ “code status”. This includes issues related to whether or not they wish to be resuscitated, if their hearts stop beating, if they stop breathing, etc.
• In 29 cases, patients were resuscitated against their wishes. In two cases, patients weren’t resuscitated, despite making it clear they wanted this to happen.
• The rest of the cases were “near misses” — problems caught before they had a chance to cause permanent harm.
  An example of a near miss and its fatal effect on a patient

Asked to describe a near miss, Regina Hoffman, executive director of the Pennsylvania Patient Safety Authority, provides an example. “Let’s say I’m a patient who’s come to the hospital for elective surgery and I have a DNR order in my medical chart. After surgery, I develop a serious infection and a resident finds myDNR order. He assumes this means I’ve declined all kinds of treatment. This could be a fatal decision unless a colleague or someone intervenes.”

Medical staff are not trained to interpret legal forms and their relation to treatment

• Doctors and nurses receive little, if any, training in understanding and interpreting Living Trusts, DNR orders and Physician Orders for Life-Sustaining Treatment (POLST) forms, either on the job or in medical or nursing schools.
• Communication breakdowns and the pressure-cooker environment in emergency departments, where life-or-death decisions often have to be made within minutes, also contribute to misunderstandings.

Some basics about end-of-life documents:

• Living Trusts. A Living Trust is a legal document that details how you will distribute your estate among your heirs. By creating a Living Trust, your family will avoid having to go through Probate. As part of California Document Preparers’ Living Trust package, we include a Power of Attorney and an Advance Healthcare Directive.
• Do Not Resuscitate Orders (DNR). Do-not-resuscitate orders are binding medical orders, signed by a physician. A DNR order applies specifically to cardiopulmonary resuscitation (CPR) and directs medical personnel not to administer chest compressions, usually accompanied by mouth-to-mouth resuscitation if someone stops breathing or their heart stops beating.
• Physician Orders for Life-Sustaining Treatment (POLST) Orders. A POLST form is a set of medical orders for a seriously ill or frail patient who could die within a year. It is signed by a physician, physician assistant or nurse practitioner.

What can we do about the misinterpretation of end-of-life documents?

We need to become advocates for ourselves and our families. This is especially important for those who are caring for aging family members. Make sure you have ongoing discussions about end-of-life preferences with medical teams, agents for Advance Healthcare Directive and other family members who may be involved in their care. It’s critical that everyone knows your wishes, especially when—not if—health status changes. Without these conversations, documents can be difficult to interpret.

Something to keep in mind: Doctors and EMTs are trained to save lives—it goes against their training to let someone die. It’s up to all of us to make sure we’re following the wishes of those we love.

California Document Preparers assists our clients with creating Living Trusts. A Power of Attorney and Advance Healthcare Directive are included as part of this legal document. Make an appointment today at one of our three Bay Area offices. Our dedicated team is helpful, compassionate and affordable.

Tiny Houses: Helping Solve Our Big Housing Problem?

They’re officially called Accessory Dwelling Units (ADUs), but you probably know them as tiny houses. They’re small, carefully designed, tidy and, well, adorable. People are fascinated by these little houses for a lot of reasons. They’ve become part of the conversation about the housing crisis that has become a global issue. Our population and job market have grown dramatically, but there’s no place for workers to live. Tiny houses are helping us solve our big housing problem.

Tiny houses share a lot with the main residence

By definition, ADUs share a single-family lot with a larger, primary dwelling, though they can be located within, attached to or detached from the main residence. (Garage apartments and backyard cottages are classified as ADUs.) As an independent living space, an ADU is self-contained, and it may have an open-space floorplan. ADUs are springing up everywhere these days–in cities, in suburbs and in rural areas. ADUs help improve housing affordability and diversify a community’s housing profile without changing the physical character of a neighborhood. They may be completely invisible from the street or to neighbors.

There are many advantages to ADUs

• Retirement income. For retirees or those thinking about retiring, ADUs can create important retirement income. They’re generally managed by the homeowners who live on the premises.
• Downsizing. Older adults can move into the ADU, downsizing on their own property and renting out the larger house, allowing them to age in place.
• As a guesthouse. ADUs can provide temporary or permanent housing options for parents, adult children, grandchildren or an assisted-care provider.
• Community compatible. ADUs are community-compatible because they’re less visible. It can be easier to gain community support to build an ADU than to build a larger complex.
• Environmentally friendly. Measuring between 600 and 1,000 sq. ft., they’re ideal for today’s smaller, childless households, which are nearly two-thirds of all households in the U.S. It takes fewer resources to build and less energy to maintain an ADU.

I live in a tiny house, which also has a tiny patio

I live in a tiny house that’s really quite spacious, though it’s only 400 sq. ft. But living in a tiny house requires adjustment. It’s not for everyone. I don’t cook or host big dinner parties. I have ridiculously limited counter space. We all love our stuff, but living in a tiny house means getting rid of much of it. It means looking for smaller furniture that can serve dual purposes—anything that doubles as storage is golden. Forget buying in bulk, but do buy lifts for your bed—for just $13 on Amazon, I bought six more luxurious inches of storage space underneath my bed.

ADUs and tiny homes are part of an important housing dialog

We’ve simply run out of places for people to live. Rents soar and the cost of purchasing a home continues to rise. Google has pledged $1B to help build workforce housing in their South Bay community. In January, Microsoft pledged $500M to create affordable housing around its Seattle area housing market. Increasingly, communities are looking to corporations to help assume the cost of housing their workforce.

ADUs can be an important housing option for many Americans

Note that an ADU is not to be confused with the miniscule tiny houses that are sometimes mounted on wheels and moved around to different locations. By definition, ADUs share a lot with the main property. At least for now, there don’t seem to be challenging permit issues associated with building an ADU. They’re on your own property and perfectly legal. ADUs are transcending demographics and providing badly needed housing options.

Many of our clients are seniors who come in to our offices to create their Living Trusts

The result is many conversations about topics related to the economics of retirement, healthcare and end-of-life planning. California Document Preparers assists our clients in the preparation of their Trusts. Most are surprised at how easy it is.Schedule an appointment today by contacting us at one of our three Bay Area offices. Our dedicated team is helpful, compassionate and affordable.

Blended Families: Estate Planning Gets a Lot More Complicated

If you’re one of the millions of Americans who has divorced and remarried, you know that estate planning with your blended family gets a lot more complicated. Without a carefully crafted Will or Living Trust, your children could unintentionally be disinherited.

The stakes are higher for those who’ve remarried

There’s a lot more at stake the second or third time around. You’re older, and there’s a greater chance that you’re bringing assets into the marriage–retirement savings, life insurance policies, brokerage accounts and real estate that you want to protect. You may also want to ensure your children receive family heirlooms or mementoes that may or may not have monetary value but can be the source of family discord.

A reality check from a financial planner

Think about this one: If you’re both on a boat that goes down and you’re lost at sea, can you trust the two sides of the families to get together and carry out your wishes? If the answer is somewhere between “not sure” and “unmitigated disaster”, you need to carefully develop an estate plan that will provide for your spouse and each set of children.

What to be thinking about as you and your spouse plan for your blended family

Naming—and updating–account beneficiaries

When people remarry, it’s easy to overlook the necessity of updating the beneficiaries on retirement accounts and life insurance policies. These account designations supersede whomever you may have listed in your Trust. You can name your daughter Joan as the beneficiary of your life insurance policy in your Trust, but if you still have your ex-wife named on the policy, she’ll be the beneficiary.

When it comes to retirement accounts, your (new) spouse will most likely be the beneficiary. If you predecease that spouse, those 401(k) assets become hers–which may not include passing any money on to your kids as you may have planned. Let’s say that someone has $500,000 in a non-retirement account and adds his new wife to his account with rights to full ownership upon his death. If he wanted to leave part of that money to his kids, he didn’t do it.

Your home and the property’s title can make a big difference

Remarriage often includes a jointly owned home. Depending on how the property is titled, your wishes to have your children inherit your share of it could be upended.

In most states, including California, if a property is deeded as “joint tenancy with right of survivorship”, when one spouse dies, the property automatically belongs to the surviving spouse—regardless of what your Will states. If you own the house in “tenancy in common,” you can leave your share to someone other than your spouse. This is your chance to leave your home to your children.

Detail the distribution of items with sentimental or monetary value

If you want your children to receive specific items when you die, it’s important to be as specific as possible so there is no room for individual interpretation. These items may or may not have monetary value. When Robin Williams died, he left his $50M estate to his three kids and his Tiburon home to his current wife. Unaccounted for was the significant collection of awards, accolades and memorabilia that were in his wife’s Tiburon home. His children subsequently sued for those items, many of which had limited monetary value. Detailed estate planning minimizes this kind of family turmoil.

For young adults: A Living Trust that’s the beneficiary of a particular asset

If you want your kids to receive money but don’t want to give a young adult — or one who is a chronically poor money manager — unrestricted access to a sudden windfall, you can create a Trust to be the beneficiary. The Trust will hold assets on behalf of your beneficiary; it becomes a legal entity, as dictated by the documents creating it. The assets go into the Trust rather than directly to your heirs. You can identify the conditions under which the beneficiary will receive money.

Communication: Have that talk with your kids

Discuss your financial landscape with your blended family. Managing expectations helps avoid conflict. If you and your spouse intend to fully enjoy your retirement, it will leave less money for the family. Let them know that their inheritance will likely be significantly reduced.

Other considerations: Create a Living Trust

At California Document Preparers, our Living Trust package includes a Power of Attorney and an Advance Healthcare Directive, critical parts of long-term planning. The people you name will be responsible for making important healthcare and financial decisions for you if you become incapacitated. Think carefully about the people you name as your agents—they should be accessible, people you trust to follow your wishes, regardless of their own views. Schedule an appointment today by contacting us at one of our three Bay Area offices. Our dedicated team is helpful, compassionate and affordable.

Facebook’s in the News Again: This Time for Age Discrimination

Many employers have been happily leveraging Facebook’s detailed demographic data to target exclusively younger candidates in their job ads. The result? Once again, Facebook has found itself in the headlines for all the wrong reasons.

In this case, the company was the focus of an age discrimination lawsuit

These detailed data fields completely excluded older applicants. Facebook has reached a settlement, and the company will stop letting employers target ads focusing on younger candidates. The agreement is a victory for older workers—those who may never have known that technology was being used to discriminate against them.

Facebook’s rich data fields are now the source of their problems

Facebook’s extensive data collection is one of things we love about this application, but it’s the subsequent use of that data that has backfired on them. Facebook was permitting advertisers to direct ads only to those who fit certain demographic features. If an employer wanted to hire candidates under 40, Facebook would show the job posting only to those who fell within that range. Those whose profiles showed they were 40 and older were unaware the ad existed.

Advertisers microtargetus according to the data we provide

Think about it: Every time you fill out a field on social media, you’re helping advertisers “microtarget” you. The more information you provide, the more valuable your demographic profile—especially if you’re on the higher end of the scale in terms of earning range, education level, location and job title. The cumulative worth and mismanagement of these rich data fields are the reasons Facebook and other tech companies are finding themselves in hot water.

California is getting serious about information accountability

Mismanagement has brought the power of data to the attention of the public and Congress. Beginning in 2020, new privacy laws will go into effect. In the event of a data breach, for instance, consumers will be able to sue for up to $750 for each violation. The law also gives the attorney general the right to pursue companies for intentional violations of privacy.

The ADEA protects those 40 and older from discrimination

The federal Age Discrimination in Employment Act (ADEA) protects people ages 40 and older from discrimination in employment. “It’s crucial that microtargeting not be used to exclude groups that already face discrimination,” said Galen Sherwin, senior staff attorney at the American Civil Liberties Union (ACLU), one of the groups involved in the lawsuits. “We are pleased Facebook has agreed to take meaningful steps to ensure that discriminatory advertising practices are not given new life in the digital era, and we expect other tech companies to follow Facebook’s lead.”

Facebook: Ads prohibited from targeting by age, race, gender and sex

Facebook said it will build a new section on its site for companies that want to advertise for jobs and housing. In this section, companies will be prohibited from targeting ads by age, race, gender or any other legally protected characteristic. Facebook also agreed to permit the ACLU to monitor the site for three years to make sure that it fully implements the changes in the settlement. The investigative journalism website ProPublica, which was instrumental in revealing Facebook’s advertising practices, is reporting that Facebook also will pay the plaintiffs $5 million, which largely will be used to pay legal fees.

Data has become a huge business, and many believe it requires more stringent regulation. While Facebook has been the most visible company to be involved in data breaches, it’s not the only company that has been profiting from its sale. It’s the one that got caught.

Facebook CEO Sheryl Sandberg commits to doing more to prevent discrimination

“These changes mark an important step in our broader effort to prevent discrimination and promote fairness and inclusion on Facebook. But our work is far from over. We’re committed to doing more, and we look forward to engaging in serious consultation and work with key civil-rights groups, experts and policymakers to help us find the right path forward.”

California Document Preparers assists our clients in the preparation of legal documents inuncontested legal matters, including Living Trusts, an important part of estate planning. Our Trusts include a Power of Attorney and Advance Healthcare Directive. Schedule an appointment today by contacting us at one of our three Bay Area offices. Our dedicated team is helpful, compassionate and affordable.

Drowning in Data, Yet We Can’t Get Our Own Medical Records

Oliver was visiting his son in San Francisco when he had a seizure. He was hospitalized at one of the area’s premier medical institutions where he underwent testing and treatment. Oliver had had a stroke several years before, so as a precaution, he always carried his medical records when he traveled.

Oliver is still waiting for his medical records

When Oliver returned home, he contacted the hospital to get his treatment records. After months of communications, a package with medical records finally arrived. Impossibly, they were his original records—the ones he had provided when he was hospitalized. Years later, he still doesn’t have the records from his California hospitalization.

Federal law guarantees the right to see and obtain a copy of our medical records

Even in this digital information age, medical records can be difficult for patients to get. But they shouldn’t be: Federal law guarantees that people have a right to see and obtain a copy of their medical records.

A Yale University study reveals barriers to accessing records

In a Yale study, researchers called the hospitals and asked how to get records, the associated cost, how long it would take, the format in which information would be sent and whether the entire record would be available. “The unfortunate truth is that the system doesn’t give patients reliable or consistent responses,” said Dr. Harlan Krumholz, co-author of the study and professor of medicine, epidemiology and public health at the Yale University School of Medicine.

HIPAA guarantees patients’ rights to their medical records

Under a groundbreaking law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), patients have a right to get some or all of their medical records upon request. (Psychotherapy notes can be excluded.) Hospitals, medical clinics, physician practices, pharmacies and health insurers are required to make this information available within 30 days, at a reasonable cost and in the format that patients request, if possible.

The benefits of being able to review medical records

Research suggests that reviewing medical record scan be beneficial on several levels. Studies show that people are more likely to follow treatment recommendations, remember what happened at medical visits and feel engaged in their care when they have access to this information.

But HIPAA requirements are often misunderstood

Jacqueline O’Doherty, a New Jersey geriatric care manager encountered problems when she tried to see records for an 80-year-old client who was being transferred from a hospital to a nearby rehabilitation facility.

Although the older woman had signed a form appointing O’Doherty as a “designated representative” — a status that should have allowed O’Doherty access to her clients’ records — a hospital nurse refused to let O’Doherty check the client’s lab results, medication list and discharge summary. It was only when an infectious-disease doctor intervened, citing the need for continuity of care, that O’Doherty was able to review her client’s records.

New guidelines from the Office for Civil Rights of HHS

After receiving a large volume of complaints about records’ cost and accessibility, the Office for Civil Rights of the U.S. Department of Health and Human Services, issued new guidelines in January 2016.

• For electronic records, the guidelines prohibit per-page charges and recommend a maximum cost of $6.50 for consumers.
• They also clarify patients’ rights to have records sent to third parties, including family members or professionals advocating on their behalf.

Despite these protections, the forms used to request records aren’t standardized and can be confusing

Problems may be even more common at physician practices, which often don’t have medical records departments. When GetMyHealthData, a campaign to expand access to digital health information, asked consumers about their experience, people described poorly informed or unhelpful staff, high fees, long waits and frustrating bureaucratic processes.

Electronic patient portals don’t solve the problem

Many of us are familiar with our healthcare systems’ patient portals, and theoretically, this is where we should be able to obtain comprehensive information. Yet most contain limited information and don’t include a way for patients to request records such as the notes physicians take during patient visits.

MyHealthEData Initiative is focused on improving access to medical records

The government is making improved electronic access to medical records a priority through MyHealthEData Initiative.

Become your own advocate to secure copies of your medical records

If your hospital or doctor’s office declines to make your records available, print out materials about your rights and use them to advocate on your behalf. Tell staff, “I’m entitled to a copy of my records: This is my legal right, as explained here.”

Resources:

• A good resource is amodel medical records release form created by the American Health Information Management Association. Copy and take this with you to help make your case.
• To familiarize yourself with your rights, review the Guide to Getting & Using Your Health Records, published by the government’s Office of the National Coordinator for Health Information Technology.
• Do review the Get Your Data section of the GetMyHealthData website, which includes a clear summary of your rights, how to request your medical records, and troubleshooting suggestions if you encounter obstacles.

California Document Preparers assists our clients in the preparation of legal documents in uncontested legal matters, including Living Trusts. Our Trusts include a Power of Attorney and Advance Healthcare Directive. Schedule an appointment today by contacting us at one of our three Bay Area offices. Our dedicated team is helpful, compassionate and affordable.

An Emotional Journey for a Daughter, a Mother and the Memory Care Unit

While Marilyn Friedman had always dreamed that one day she and her mother would have a closer relationship, it was not to be. Her mother had dementia. She forgot the word for “dog.” She got lost on the way home from the grocery store. She experienced hallucinations of flashing lights at 2am and strangers in her bedroom. She stopped eating and lost 20 pounds in a month. She’d fallen several times, could no longer write a check or drive. When her doctors recommended 24-hour care, her mother rejected it. This is the story about a family, their mother’s dementia and the memory-care unit.

In a New York Times article, The Dementia Heist, Ms. Friedman tells the heartbreaking story of caring for her mother. In this story, Ms. Friedman and her sister resorted to tricking their mother to get her into the memory-care unit. They hid in the back of a car and watched a paramedic escort their mother into the facility.

She felt like the worst daughter ever, yet she was doing the most caring thing

Ms. Friedman reminded herself that her mother had had a hard life. At 27, she fell from a train, shattered her kneecap and nearly died from gangrene. Friedman’s parents had abandoned everything when they immigrated to the U.S. from Russia in 1964. Mother-daughter relationships are often complex, and they can be volatile and unpredictable. For the Friedmans, good moods meant blueberry blintzes and movies; bad moods resulted in an endless cycle of slaps.

The sisters toured memory-care facilities

“My sister worked hard to enable mom to remain at home, but she couldn’t juggle my mother’s multiplying needs with those of her own family. Our choices were to let her die alone from starvation or trick her into memory care.”

The sisters toured memory-care centers, where cost is based on the level of care. They found a facility with a B&B vibe and patient staff members who gave lots of hugs. They signed a 40-page contract making their mother liable if she injured another resident or destroyed property.

Next up: Getting mom admitted to the facility required “therapeutic lying”

The sisters had her admitted to the hospital, blaming her high blood pressure. Professionals call it “therapeutic lying” because honesty can increase anxiety. Once she was in memory care, the sisters couldn’t contact her for ten days—an effort to help her adapt. They did, however, get reports: Mom wouldn’t sleep in her room; rather, she parked herself in the lobby all night.

Their mother’s belligerent behavior continued in her new environment

She refused to eat. If she kept starving herself, she’d be sent to a more depressing, regular nursing home. She refused medication because the pills were making her lose her memory. The staff hid meds in her food, but she resisted her glaucoma drops, risking blindness. When finally allowed to visit, Ms. Friedman found her mother belligerent, insisting that her daughters take her home. They resisted for a number of reasons.

Understanding that the last chapter of her mother’s life would be painful

“We ate cake at a courtyard table beside a classic convertible. She complained that everyone there was crazy, so we changed topics–another strategy for dealing with dementia patients. This next chapter of her life would be painful. My only hope was that she’d become enveloped in a pleasant memory.”

Testamentary capacity is a growing legal concern

Testamentary capacityis the legal term defining a person’s legal and mental ability to make or alter a valid Will. With the increased occurrence of some kind of dementia, the matter of testamentary capacityis being raised more frequently when it comes to signing legal documents. In every case, capacity is specific to each time and situation. Legal capacity can fluctuate. In terms of the law, there is a presumption of capacity until it is disproved. If you have legal documents that need to be signed by someone who has been diagnosed with dementia, it’s important to do this as soon as possible. Most important are a Living Trust, a Power of Attorney and Advance Healthcare Directive.