Legal and planning
Capacity assessment
A capacity assessment is an evaluation of whether a person can make a specific decision, such as signing a legal document or agreeing to treatment. Doctors, psychologists and lawyers may take part. Capacity can depend on the decision and can change over time.
Why it matters for your family
Capacity matters most before signing a power of attorney, a will or a trust. A person with early dementia may still have capacity for some decisions. The ACL points to American Bar Association materials on capacity and consent for lawyers, judges, psychologists and physicians. A common mistake is to assume a diagnosis means a person can no longer decide. Another is to wait until capacity is clearly lost. Then only a court guardianship may remain. Ask the doctor and an elder law attorney early. A lawyer may request a doctor's note when documents are signed. This is general information, not medical or legal advice.
Source: acl.gov
Read more: What is Elder Law and Do You Need an Elder Care Attorney?
Related terms
- GuardianshipGuardianship is a legal process in which a state court finds a person incapacitated and appoints someone else to make decisions for them.
- Power of attorneyA power of attorney (POA) is a legal document in which one person, the principal, names another person, the agent, to act for them.
- Durable power of attorneyA durable power of attorney is a power of attorney that stays in effect if the person who signed it becomes incapacitated.
- DementiaDementia is a group of symptoms, not one disease.
- Advance directiveAn advance directive is a legal document that states your health care wishes in case you cannot decide for yourself.
- Elder law attorneyAn elder law attorney is a lawyer who focuses on legal issues of older adults.
