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Assessing Capacity: What You Need to Know as a Trusts and Estates Litigator
California Young Lawyers Association
Credit(s):
1 Legal Specialization in Estate Planning; Trust & Probate Law
1 Participatory MCLE Credits
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 Legal Specialization in Estate Planning; Trust & Probate Law
1 Participatory MCLE Credits
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