Victoria Calcagno, of Burns and Levinson LLP, has made available for download her article, “Capacity and Estate Planning: What You Need to Know”, published in JDSUPRA. The abstract is as follows:
As our loved ones get older, we want to ensure that they have planned for their future. This often means having an estate plan in place to handle the distributions of their assets upon their passing or to plan for their incapacity. However, what happens if our loved one already shows signs of memory loss or incapacity? Is it too late to have these crucial documents prepared?
To properly execute any legal document, the person signing must have the “capacity” to understand the significance of the document they are signing. In estate planning, the required capacity for each document can vary. This article will discuss the different capacity requirements in Massachusetts for executing the most common estate planning documents.
Posted by Marin Larkin, Associate Editor, Wealth Strategies Journal.