[WSBAPT] Gut check - capacity test?

[Setareh Mahmoodi]

Hi Brent,

You could always meet with them to see H's condition and potentially have a
short meeting if you determine H does not have capacity or choose to only
represent W and prepare docs for W if she is the only one with capacity (I
don't think you specifically mentioned what they need in your email, I am
assuming they need estate planning docs). However, in scenarios like this,
I would have your assistant get more information, such as stage, diagnosis,
and whether or not H can write (if he has capacity, but only has speech
issues maybe as a result of a stroke, and can still write down his wishes
or answers to your questions while fully understanding them), etc. I would
also consider a note from his attending physician concerning his condition
and capacity.

Please excuse any typos as this email was drafted on my phone.

Setareh

On Fri, Apr 29, 2022 at 8:56 AM Brent Williams-Ruth <
brent at williams-ruthlaw.com> wrote:

> Greetings and Happy Month End (to all invoice billers!) -
>
> Got a call yesterday that scheduled a consultation for next week. What my
> assistant received is that it is a H&W team, but the H has limited language
> ability AND is some stage (not disclosed how advanced) of
> Dementia/Alzheimers.
>
> Without knowing more - just in the basic issue spotting - can someone have
> testamentary capacity if they can only answer yes or no questions.
>
> My concern specifically relates to the fact that they would not be able to
> say things like - everything goes to my spouse or to my kids.
>
> Meeting is slated for next week and want to help if I can - but worried
> that this person is too far gone if they are truly limited in speech to yes
> or no.
>
> *Brent Williams-Ruth* (pronouns: he/him)
> *Attorney-At-Law*
>
> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*
>
> *Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*
>
> ***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent
> to the following address: **PO BOX 3319; Federal Way, WA 98063 *
>
> Office/Scheduling Phone: (253) 285-7751
>
> Direct: (253) 285-7453
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt



-- 

*Best regards, *


*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

*Phone: 425-806-1500*

*Fax: 425-489-4142 (Please email documents if at all possible)*

*Email: SM at LawOfficesofSM.com*

*Website: **http://www.lawofficesofsm.com/ <http://www.lawofficesofsm.com/>*


*CONFIDENTIALITY NOTICE:* This email message and any attachments is a
transmission from the law firm and is intended for the recipient only.  It
may contain information that is confidential and legally protected by the
attorney-client, work product and/or other privileges.  If you are not the
designated or intended recipient, please destroy the message without
disclosing any of its contents and notify us immediately by reply email or
by calling (425) 806-1500.

Pursuant to U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax
advice contained in this communication, including attachments and
enclosures, is not intended or written to be used, and may not be used, for
the purpose of (i) avoiding tax-related penalties under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another party
any tax-related matters addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220502/fc4cc15a/attachment.html>