Many in the legal field mistakenly assume that advancing age results in cognitive decline or that coherent and conversant elderly always have capacity. Panelists, Dr. Jonathan Canick (practicing neuropsychologist), and Kimberly Mcghee (Certified Elder Law Attorney) break down the ageist stereotypes and implicit biases that surround mental capacity. Specifically, the panelists will:
- Provide insight on the process of conducting a capacity evaluation under the probate code and a physician’s ability to perform this.
- Help those in the trust and estates field understand the implicit biases surrounding age and mental capacity, as aging itself has no direct effect on mental capacity.
- Discuss how, if at all, should estate planners consider the age of their clients when undertaking estate planning?
- Help attorneys understand the significant limits and pitfalls of cognitive screening tests, to more confidently use cognitive screening language and data from cognitive screens when communicating with their clients’ medical teams and advocating for a formal diagnostic assessment.
- Discuss the cognitive screening and assessment continuum so attorneys gain a deeper understanding of the limitations, sensitivity, and reliability of different approaches to assessing cognitive capacity.