Evaluating Capacity: Trusts, Wills, and Conservatorships
Evaluating Capacity: Trusts, Wills, and Conservatorships
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Miller, Monson, Peshel, Polacek & Hoshaw
Could lawyers have greater exposure to legal malpractice claims as the baby boom generation, the largest proportion of the U.S. population, starts to age? Unfortunately, the risk of Alzheimer’s and other dementias increases when an individual is age 65 and older. In 2020, the number of people living with Alzheimer’s in the U.S. was 5.8 million. This number is projected to increase to 13.8 million in 2050. This suggests that attorneys will likely encounter more situations in the future in which they need to assess whether clients have legal capacity to create estate plans and enter into legal transactions.