Crisis of competence: capacity to execute wills is tenuous for victims of Alzheimer's disease

Article Abstract:

Attorneys helping older people execute their wills need to be sensitive to the effects of Alzheimer's Disease in some of their clients. Early-stage patients may be fully competent where estate planning is concerned, but late stage patients suffer from progressive impairment of intellectual functions. Lawyers should have experienced neurologists and psychiatrists examine the testator to make sure of the person's abilities. There should be a videotape of the medical examination and the will-signing. Lawyers must adapt to strides being made in medicine.

Management, Evaluation, Alzheimer's disease, Capacity and disability, Wills

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Mum's the law; lawyers protest statute gagging Medicaid advice

Article Abstract:

The repeal of the law criminalizing asset transfer to qualify for Medicaid failed to provide for lawyers advising clients on such transfers. Now lawyers or other parties who advise clients on asset transfer for Medicaid eligibility for a fee risk a criminal penalty. These asset transfers are made mainly to qualify for long-term nursing home care. Lawyers are fighting the provision as a First Amendment rather than an economic issue.

Aged, Elderly, Laws, regulations and rules, Finance, Medicaid fraud

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Minding your elders; make your office more inviting for older clients by accommodating both personal and legal needs

Article Abstract:

Law office environment can be very important for elderly clients, and elderly clients do not want to be represented by the law firm but can remain interested in the lawyer with whom they had their first encounter as they value personal rapport so greatly. Having an inviting office environment, accommodating the physical needs of clients, and considering flat-fee billing for all work done are possibilities to consider.

United States

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