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.
