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Some clients and their families stay in an attorney's memory long after their case is completed. I assisted one such family with their Medicaid approval. Our client, who was the patriarch of his family, was experiencing a rapid decline in cognitive functioning. Our client’s wife was a lovely woman, who was understandably overwhelmed by her husband’s condition and the process of Medicaid. Her husband had handled all their financial decisions throughout their marriage, which wa

If your parent or loved one is experiencing memory loss or struggling with decisions, then you might hear the word “capacity” repeated quite frequently. But what does “capacity” mean? And why is capacity so important in estate planning? Before addressing how capacity applies to estate planning, it is important to clarify that generally, there are two types of capacity: medical capacity and legal capacity. In conversation, medical and legal professionals rarely specify to whic

No one aspires to abandon their home for a care facility later in life. Most older adults want to stay in the place where they raised their children, celebrated holidays, built a community of support, and found comfort in a familiar environment over the decades. The home represents much more than the basic need of shelter. Within its walls, the home is infused with every memory, large or small, of a life well lived. “Aging in Place” is safely remaining in the home while maint

“I want to stay at home!” But can Mom or Dad safely live in their home as their physical or cognitive health declines? Can you stay in your home as you age? The answers to these questions require a dispassionate, critical eye. The emotional attachment to home must be suspended to evaluate the structural facts of a house. A critical eye should consider the movement of everyday life, and it must evaluate the spaces where everyday activities are accomplished. Can the homeowne

While the “Lucid Interval Doctrine” may sound intimidating—as law often does—this fancy term only describes what many of us see in our aging loved ones every day. Sometimes, Mom or Dad is razor sharp…and sometimes, not so much. The lucid interval doctrine acknowledges this ebb and flow of cognitive functioning.[1] The law states that a person diagnosed with a neurodegenerative disorder, such as Alzheimer’s Disease, may still possess legal capacity to execute estate planning d