A person may lack capacity to manage investments while retaining capacity to choose where to live or who visits. Capacity is assessed for a particular decision at a particular time, usually by a clinician.
A dementia diagnosis alone does not mean someone lacks capacity.
Why it matters
Documents signed after capacity is lost can be challenged, and assuming someone has lost it removes rights they still hold.
Sources
Where to check this, and where to read more. All external and all authoritative.
- American Bar Association, Commission on Law and Aging
- National Institute on Aging: Advance care planning
Capacity where you live
The local guide on this, for each city we cover.
- Baltimore, MD
- Boston, MA
- Buffalo, NY
- Charlotte, NC
- Chicago, IL
- Columbus, OH
- Dallas, TX
- Denver, CO
- Detroit, MI
- Houston, TX
- Los Angeles, CA
- Memphis, TN
- Milwaukee, WI
- New York, NY
- Philadelphia, PA
- Phoenix, AZ
- San Antonio, TX
- San Diego, CA
- Seattle, WA
- Tucson, AZ