Skip to main content
A Better Partnership


Nov 2016
November 16, 2016

Not All Mental Capacity is Created Equal

Whether a person has mental capacity to engage in legal transactions is a frequently-disputed issue. What you may not know is there are several different mental capacity tests depending on what the person is doing: 
  • Appointing a guardian (medical, health and residency decision-maker) for an “incapacitated individual” 
  • Appointing a conservator (property and financial manager) for a “protected individual” 
  • Appointing a guardian for a “developmentally disabled individual” 
  • Making or changing a will or trust
  • Entering into a contract
  • Making a durable power of attorney and/or a patient advocate designation

These definitions matter because it is possible for a person to be capable of conducting some transactions but not others. For example, it could be possible that a person has a court-appointed conservator to manage his or her finances but is still capable of legally changing his or her estate plan. Call us to discuss any mental capacity issues.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -