Are We Losing our Minds? Estate Planning, Probate and Assessing Mental Capacity

Dear :

There are crazy days when we all feel as if we may be losing our minds.  Or that opposing counsel has certainly lost their mind by making unreasonable demands. Even though we know they are following the direction of their client—there are days when we question who these actions benefit.

In our work with older adults we have clients who are diagnosed with Alzheimer's Disease or who have been told by a physician that they have "mild cognitive impairment".  What does any type of cognitive impairment mean for estate planning and for family or professionals who will eventually serve as trustee, medical or financial power of attorney?

Check out my article about mental capacity for the perspective of my life as a prior fiduciary. If you haven’t heard the news, I completed my succession plan for The Care Navigator and am blessed and excited to be in a new role of caregiving advocate, consultant, and speaker.

  • My 20-year history in the field of aging, healthcare, and as a professional fiduciary set the groundwork for me to support legal professionals desiring to create better plans and become an expert resource about caregiving challenges for clients and family caregivers.

  • Programming includes webinars, online programs, and in office meetings and programs.

  • Consulting about what it takes for a family member to act responsibly as a guardian or medical power of attorney – and not just be a name on a piece of paper in an estate planning document.

  • And speaking, well that’s self-explanatory. If you missed my 10 tips presentation at a prior Colorado Bar Elderlaw Retreat CLICK HERE to watch a humorous video with plenty of mistakes!

Estate Planning, Elder Law, Probate, and Mental Capacity

Estate planning, elder law, and probate are legal specialties with the responsibility of evaluating mental capacity to create plans that will avoid contested litigation by family members. While creating estate plans may seem straightforward, pitfalls exist. Attorneys new to the specialty or law firms with limited experience may create estate plans that are later challenged. Attorneys specializing in litigation—with little or no experience in estate, elder law, or probate—represent adult children angry about not receiving the Barbie doll or train set. The results of this unnecessary litigation are excessive fees, negative press for professional fiduciaries, and the destruction of family relationships. Collaboration between elder law and elder care professionals is beneficial.

Click Here to Read the Entire Article

Looking for more?

  • Here’s a link to my first "On Demand" webinar, "Why Do I Need a Care Manager" Click Here to register and choose a time that works for you. This isn’t a normal "run of the mill webinar" – it’s better! The length is about 22 minutes and you can watch any time of day. This information may be helpful for your clients.

Questions? Reply to this email and let me know how I might be of service. Please forward this email to colleagues who might find this information valuable.

In gratitude and service,

Pamela D. Wilson MS, BS/BA, CG, CSA
Caregiving Expert, Advocate, and Speaker
(303) 810-1816

Pamela D. Wilson, MS, BS/BA, CG, CSA, a National Certified Guardian and Certified Senior Advisor, is a caregiving and elder care expert, advocate, and speaker. Pamela offers family caregivers programming and support to navigate the challenges of providing, navigating, and planning for care. She guides professionals practicing in estate planning, elder and probate law, and financial planning to create plans to address unexpected concerns identified in her past role as a professional fiduciary. Healthcare professionals are supported by Pamela’s expertise to increase responsiveness and sensitivity to the extensive range of care challenges faced by care recipients and caregivers.

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Pamela D. Wilson, P.O. Box 18349, Golden, CO 80402 888-393-7757, United States

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