Diminished Capacity from a Legal Perspective
Written by Thomas Upchurch Diminished Capacity, Florida Estate Planning, Lack Of Capacity, Undue Influence
As an attorney, I must utilize legal standards to determine diminished capacity for individuals requesting for me to draft a Last Will and Testament, Living Trust and/or Durable Power of Attorney. In most cases determining diminished capacity is quickly determined when meeting with potential clients. If a current client or potential client comes to see me for estate planning documents, which includes a Last Will and Testament, Living Trust, and Durable Power of Attorney, then it is my legal and ethical duty to observe whether the client has diminished capacity.
Source: Posts
- Does a Will Need to Be Recorded in Florida?
- Who Becomes Executor If There Is No Will?
- Proving Lack of Mental Capacity
If you or a loved one has been unfairly influenced to create a binding contract, you may be able to claim undue influence.
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