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Assessing Capacity: What You Need to Know as a Trusts and Estates Litigator
Capacity issues are at the core of many trust and estate disputes. There are different types of capacity to consider when assessing an individual’s ability to make a certain decision or perform a given task, whether it be entering into a contract, making a will, managing a complex trust, or making day-to-day decisions concerning one’s financial affairs or self-care. This presentation will cover the standards for assessing capacity, and provide an overview of statutory authority and case law relevant to such issues.
1 Participatory MCLE Credits
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