Legal Capacity Assessments

It is not uncommon for questions to arise as to an older person’s legal capacities. These include capacities that are required to manage daily financial and medical affairs, to make treatment decisions, and to make decisions concerning the disposition of assets.  Issues concerning donative capacity (to make a gift), contractual capacity (to enter into a contract), testamentary capacity (to make a will), or a partial or full guardianship (whether an individual can process and weigh information in their best interest without the appointment of a surrogate decision-maker) require professional, objective, legally-informed, and non-biased assessments. Dr. Acklin has performed many of these assessments over the past 20 years as a consultant to families, the legal community, and the Family Court using the best available neurocognitive assessment methods, according to the American Psychological Association guidelines for Assessment  of Older Adults with Diminished Capacity. Capacity assessments are not limited to older persons.  These assessments are useful with young adults with developmental challenges who require financial planning and support as they enter adulthood, individuals with questionable to participate in litigation, and in legal settlements where questions of an individual’s capacity to manage a settlement are in question.

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