Post by jeffolie on Oct 31, 2014 13:42:50 GMT -6
7 Signs of Diminished Mental Capacity
In California an individual must have the requisite mental capacity to enter into legally binding documents, including wills and other estate planning documents. As a result, one of the primary arguments in probate and will contests is whether the deceased's will is invalid because they suffered diminished capacity or were the victim of undue influence.
In 1996, a study conducted by the California Legislature presented in Welfare and Institutions Code Section 9001 found that persons over 60 years of age represented 14% of the State's population, but it is predicted that by 2020 this group will increase to 21% of California's population. Further, in 2020 the baby boomers will constitute 70.2% of California's over-60 population. These statistics are important because as individuals age, there is an increased chance of diminished mental capacity. As a result, the issue of mental capacity will continue to be an increasing problem.
What are the signs of diminished mental capacity? One of the first signs is often the inability to properly manage money. Confusion over finances is a red flag that may indicate the person is starting to suffer memory loss, dementia or even Alzheimer's. Below are seven more signs that may indicate your loved one's mental capacity is starting to decline:
1. Short-term memory problems
2. Trouble communicating
3. Comprehension problems
4. Mental inflexibility
5. Poor hygiene or lack of grooming
6. Emotional distress
7. Disorientation/Delusions/Hallucinations
When trying to assess a loved one's mental capacity, it is important to focus on their ability to make decisions, not on their cooperativeness or friendliness. You should note changes in behavior over time and try to be aware of stereotypes that may impact your opinions. It is also essential to consider whether there are any other factors contributing to the concerning behaviors. For example, an elderly person may demonstrate odd behavior when they are the victim of undue influence or intimidation. Other mitigating factors include grief, stress, depression, physical impairments, or any other condition which may impact a person's decision-making ability.
Lastly, an individual's capacity can fluctuate depending on the time or the situation, so capacity must be decision-specific. The person may have the ability to make some decisions, but not others.
If you believe a loved one is demonstrating signs of diminished mental capacity, you should consider appointing a substitute decision-maker for the individual. A conservator can be appointed to stand in your loved one's place and ensure that their best interests are protected. They can also be appointed to serve (i) "over the person" and make decisions regarding the person's daily activities, (ii) "over the estate" and make financial decisions for the individual, or (iii) over both the person and the estate.
Knowing when to seek a conservatorship can be difficult, but there are a lot of good reasons to act quickly if you think a conservatorship may be needed. Having the power of a conservator will help you protect your loved one from physical harm and financial ruin. We can help you make those difficult decisions and determine the best course of action to help your loved one.
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The Legacy Lawyers is a law firm that was created to powerfully and effectively represent your interests in probate litigation matters. Probate litigation involves numerous activities including petitioning for conservatorships or guardianships for loved ones who are still with us as well as resolving legal disputes after your loved one has passed on in matters such as will contests and trust disputes. We represent professional fiduciaries, trustees, executors, administrators, conservatees, conservators, guardians, beneficiaries and omitted heirs in all court-related probate matters.
In California an individual must have the requisite mental capacity to enter into legally binding documents, including wills and other estate planning documents. As a result, one of the primary arguments in probate and will contests is whether the deceased's will is invalid because they suffered diminished capacity or were the victim of undue influence.
In 1996, a study conducted by the California Legislature presented in Welfare and Institutions Code Section 9001 found that persons over 60 years of age represented 14% of the State's population, but it is predicted that by 2020 this group will increase to 21% of California's population. Further, in 2020 the baby boomers will constitute 70.2% of California's over-60 population. These statistics are important because as individuals age, there is an increased chance of diminished mental capacity. As a result, the issue of mental capacity will continue to be an increasing problem.
What are the signs of diminished mental capacity? One of the first signs is often the inability to properly manage money. Confusion over finances is a red flag that may indicate the person is starting to suffer memory loss, dementia or even Alzheimer's. Below are seven more signs that may indicate your loved one's mental capacity is starting to decline:
1. Short-term memory problems
2. Trouble communicating
3. Comprehension problems
4. Mental inflexibility
5. Poor hygiene or lack of grooming
6. Emotional distress
7. Disorientation/Delusions/Hallucinations
When trying to assess a loved one's mental capacity, it is important to focus on their ability to make decisions, not on their cooperativeness or friendliness. You should note changes in behavior over time and try to be aware of stereotypes that may impact your opinions. It is also essential to consider whether there are any other factors contributing to the concerning behaviors. For example, an elderly person may demonstrate odd behavior when they are the victim of undue influence or intimidation. Other mitigating factors include grief, stress, depression, physical impairments, or any other condition which may impact a person's decision-making ability.
Lastly, an individual's capacity can fluctuate depending on the time or the situation, so capacity must be decision-specific. The person may have the ability to make some decisions, but not others.
If you believe a loved one is demonstrating signs of diminished mental capacity, you should consider appointing a substitute decision-maker for the individual. A conservator can be appointed to stand in your loved one's place and ensure that their best interests are protected. They can also be appointed to serve (i) "over the person" and make decisions regarding the person's daily activities, (ii) "over the estate" and make financial decisions for the individual, or (iii) over both the person and the estate.
Knowing when to seek a conservatorship can be difficult, but there are a lot of good reasons to act quickly if you think a conservatorship may be needed. Having the power of a conservator will help you protect your loved one from physical harm and financial ruin. We can help you make those difficult decisions and determine the best course of action to help your loved one.
-----------------------------------
The Legacy Lawyers is a law firm that was created to powerfully and effectively represent your interests in probate litigation matters. Probate litigation involves numerous activities including petitioning for conservatorships or guardianships for loved ones who are still with us as well as resolving legal disputes after your loved one has passed on in matters such as will contests and trust disputes. We represent professional fiduciaries, trustees, executors, administrators, conservatees, conservators, guardians, beneficiaries and omitted heirs in all court-related probate matters.