Family Conflict

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Presumption of Capacity and Duty of a Solicitor

A person who is over the age of 18 is presumed to be capable of entering into a contract, and the rest of the world is entitled to rely upon this presumption unless they have reasonable grounds to believe otherwise. However, the court in England was recently asked the question of whether a solicitor dealing with an elderly person had “no reasonable grounds to suspect incapacity”; to prove the negative and to set a standard with respect to the issue of contemporaneous notes.
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Capacity Law, Elder Care, Elder Law, Estate Litigation, Family Conflict

Did I mention that January is Alzheimer’s “Do Not Forget” month?

Frequent memory loss that affects day-to-day function, Difficulty performing familiar tasks
Problems with language, making it difficult to be understood,Disorientation of time and place, including getting lost even in familiar places
Poor or decreased judgment, Problems with abstract thinking, Putting things in inappropriate places
Sudden changes in mood or behaviour . What Can This Be?….

Did I mention that January is Alzheimer’s “Do Not Forget” month? Continue Reading »

Capacity Law, Elder Care, Estate Planning, Family Conflict, Geriatric Care Management, In the News
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