Independent Medical Evaluation of Decision-Making Capacity
All seniors are strongly encouraged to address their estate planning needs. This usually involves preparation of a will to formally declare how they want their assets distributed when they pass as well as designation of a durable power of attorney who can make legally binding decisions on their behalf if they ever become incapacitated. The time to attend to these estate planning issues is now. However, many seniors delay or put off these decisions for a variety of reasons.
Sometimes, estate planning is put off until a time when the individual’s decision-making capacity to execute these legally binding documents might be subject to a court challenge after their death. In other situations, a person may wish to make a change to previously executed estate planning documents at a time in their life when their decision-making capacity to fully understand and execute that change might be questioned in court.
In such cases, many estate planning and elder law attorneys will seek an independent medical evaluation of the individual’s decision making capacity. Ideally, the independent medical evaluation will be conducted very close to the time that the individual actually executes their estate planning documents. If the independent medical evaluation finds that the individual meets the state’s definition of decision making capacity (called “testamentary capacity”), then the independent evaluation can provide strong evidence that the estate planning documents were properly executed.
Content of the independent medical evaluation for decision-making capacity
All aspects of the independent evaluation and the preparation of the final report are personally performed by Dr. Oberlender. The evaluation takes place in the comfort and convenience of the client’s own home or at their assisted living facility at a mutually agreed upon time.
- Brief review of client’s medical history, provided by the client and/or the caregiver(s).
- Assessment of client’s general physical health and functional independence.
- Mental Status Examination, utilizing both detailed interview techniques and quantitative instruments designed to assess the cognitive abilities of seniors.
- Assessment of affect, looking for underlying anxiety and/or depression, utilizing both detailed interview techniques and quantitative tools designed to assess the affective state of seniors.
- Assessment of client's understanding of the general size and composition of their estate.
- Assessment of client’s understanding of who their natural heirs would be.
- Assessment of any outside pressures or influences that may be affecting client’s decision.
- Preparation of a comprehensive written report of all findings and opinions regarding client’s decision
making capacity. - Final written report is mailed to the client and/or caregiver(s) and to the client’s attorney, if requested.