Will Capacity vs. Trust Capacity: The Mental Measuring Stick under California...
In order for a person to create a valid Will or Trust they must have “sound mind.” The term “sound mind” is short hand for a rather complicated set of rules for determining mental capacity. If a person...
View ArticleCoping with Incapacity: How Trust Planning Is Life Planning
How does your trust help you while you’re alive? Many people think of trusts as death planning instruments--the type of thing that only operates upon your death. But trusts have a critically important...
View ArticleCapacity Issues: Different types of capacity required for California Trusts...
California Wills and Trusts are not created equal. In this video, we describe the basic differences between the mental capacity required for California Will creation and the mental capacity required...
View ArticleLack of Capacity in California Trust and Will Creation
Our lates video post describes the concept of Lack of Capacity in California Trust and Will creation. For those viewing this blog by email subscription, you can click on the title for a link to the...
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The Eyes are the Window to the...Diagnosis for Alzheimers?
This is not a medical blog, but medicine and the law interact extensively when it comes to determining (or challenging) a person’s legal capacity. To prove lack of capacity requires evidence of a...
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When is Your Capacity Kaput?
If you went to the trouble to create a California estate plan that includes a revocable Trust, durable power of attorney for financial assets, and a healthcare directive, you probably have a capacity...
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