Attorneys who work with older adults will inevitably face the challenge of determining whether a client or a potential client has decision-making capacity. While most older clients will not have impaired capacity, some will. Clear and relatively obvious dementias will impair capacity, and the prevalence of such dementias increases with age. However, clients with early stages of dementia or mild cognitive impairment may have subtle decisional challenges.
This Section offers a conceptual framework and practice tips for addressing questions of client capacity.