What Is Capacity and Why You Shouldn’t Wait to Get Your Legal Documents in Order?

by | Aug 2, 2021 | 0 comments

USF Health Byrd Alzheimer’s Institute’s Eileen Poiley has helped Caregivers for over 30 years.  She speaks with Attorney Michelangelo Mortellaro with Mortellaro Law to walk through what documents your loved one needs and the importance of getting them prepared sooner rather than later.

What is capacity?  Capacity is evaluated at the time that someone executes or signs their Advanced Directives.  It is up to the attorney to make that decision in that moment.  Michelangelo Mortellaro shares that his office takes notes regarding the person.  They assure that the person signing can identify who their family members are, that it appears that they trust them and that they understand the documents they are signing.  If this person looks disheveled and is showing signs of paranoia and distrust, he cannot ethically allow that person to sign those documents.

The sooner the better when it comes to Advanced Directives.  The last thing you need as a Caregiver is the issues you will have without Advanced Directives.

Listen to this podcast for more information on what capacity is and why you should get your loved ones legal documentations in order sooner rather than later.

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