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July 17

Diminished Capacity from a Legal Perspective

Written by Thomas Upchurch , , ,

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.
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