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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

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