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Competence and Capacity

Elderly woman with a headache

Oftentimes, we must face the issue of whether an individual has the requisite legal competence and capacity to attend to his or her personal or financial affairs. From an Elder Law point of view, the issue of  competence and capacity is the cornerstone upon which any decision is based on how exactly to proceed with planning for the future needs of that individual. Also, the occurrence of financial exploitation is becoming more and more commonplace. Did the individual have the requisite legal competence and capacity to undertake certain activities and execute certain documents that were entered into? Was undue influence . . .

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