June 01, 2015 EXP

Unmasking Client Pseudo-Mental Capacity

By Rick L. Law, Nishad “Nick” Nadkarni
A mask is what we wear to hide from ourselves.

—Khang Kijaaro Nguyen

Today, in many jurisdictions, lawyers have a duty to make a legal assessment of an older adult’s mental capacity. It is the lawyer’s duty to determine whether or not a client or prospective client has sufficient capacity to engage in contracts, make donations or gifts, or create testamentary documents. This article was written to benefit the attorney-reader by creating awareness of the following:

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