A new, elderly client sits before you. She arrived with her caretaker-neighbor, who also happens to drive the client to all of her appointments. It is currently July; however, your client is wearing a jacket. She and her husband created Wills some forty years ago. Her husband passed away five years ago, and her son has been living with her ever since. She has a few bank accounts and a life insurance policy.
Think about these facts and discuss the following, using all of the required reading resources:
• How would you determine if the client has testamentary capacity?
• What types of questions would you ask?
• Does she understand what she owns and the forms of ownership?
• Would you look to any outsiders to assist you in your determination?
• If so, whom would you ask?
• What legal and/or ethical concerns must you consider in speaking with third parties?
• Now assume your client has testamentary capacity.
• How would you go about determining the client’s needs?
• Think about the various forms of “property” the client informs you she owns. Explain whether she would need a new Will or a Codicil (define that term) and why you would recommend either.
RESOURCES
The Law has its own system of citation; it does not use APA or MLA. When legal professionals cite the Law, they use the “Bluebook.”
• Martin, P. W. (2017). Introduction to basic legal citation. Legal Information Institute.
Review this video from LAW101 about the Bluebook.
• ). Law 101 – the bluebook [Video file].
In Law courses, you will use Bluebook citations for “primary sources” (i.e., the Law itself, statutes, caselaw, executive orders, regulations) and APA for “secondary sources” (i.e., the textbook). Here is an example of a Bluebook citation:
Miranda v. Arizona, 384 U.S. 436 (1966)
(Case name – parties) Miranda v. Arizona, (found in volume) 384 (of the United States Reports)
U.S. (page) 436 (year of the decision) 1966.
In this article, pay close attention to the differences associated with the elderly client. In our discussion board this week, you are going to be discussing how you will be able to discern testamentary capacity in a new elderly client sitting before you. You will note from this article that you must be aware of, and be sensitive to, the differing needs of an elderly client when interviewing them versus a much younger client. Utilize what you learn from this article and incorporate it into your discussion board responses.
• Ogilvy, J. P. (1987). Interviewing and counseling older clients. Texas
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