Blog
We share updates and analysis about professional best practices, new legal decisions, regulatory changes, and other capacity-related issues.
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Understanding and Appreciating Joint Substitute Decision Maker Appointments or Appointing Different Substitute Decision Makers for Property/Health
Read more: Understanding and Appreciating Joint Substitute Decision Maker Appointments or Appointing Different Substitute Decision Makers for Property/HealthNathan Spaling Lawyer, Social Service Worker & Founder of the Capacity Clinic Appointing substitute decision makers do not often have the same appeal as the attention paid to selecting an…
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Invalid Gifting by POA to Family
Read more: Invalid Gifting by POA to FamilyTO GIFT OR NOT TO GIFT, THAT IS THE [INTENTION] What options are available to reduce the amount of probate tax owed upon death? This blog is not a…
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S2 E1: ID Verification & Capacity
Read more: S2 E1: ID Verification & CapacityWelcome to season two of Capacity Conversations: Your Thoughts or Mine! We are thrilled to be back with brand new episodes as well as some exciting guests. Today, we are…
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Voiding Another Real Estate Transfer
Read more: Voiding Another Real Estate TransferAlert to Independent Legal Advice When providing any advice to a Decision-maker, it is critical (among other things) to probe and understand the Decision-maker’s potential dependencies in order to document…
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Stickhandling a Contentious Client
Read more: Stickhandling a Contentious ClientAs a service provider of any kind, have you ever been requested to help an existing client who is in a highly contentious situation? How did you uncover this, and…
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Proving Incapacity or Undue Influence
Read more: Proving Incapacity or Undue InfluenceFinancial Advisor & Pastor’s Evidence Saves the Day “It’s not what you know, it’s what you can prove.” – Denzel Washington, in Training Day, 2001 I am doubtful, but remain…
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Invalid Real Estate Transfer
Read more: Invalid Real Estate TransferA Retrospective Opinion Defeats a Contemporaneous Opinion In most cases, the common law has given more weight to evidence provided by the person that carries out the contemporaneous interaction (in…
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Season One Finale: Reviewing Current Decision-Making Capacity Topics Heading into 2023
Read more: Season One Finale: Reviewing Current Decision-Making Capacity Topics Heading into 2023Welcome to the season one finale of Capacity Conversations! Today, we are excited to have a full house as we welcome the Capacity Clinic’s medical director Dr. Shulman and advisory…
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Episode Six: Capacity and the Court: The Role of Expert Witnesses
Read more: Episode Six: Capacity and the Court: The Role of Expert WitnessesWelcome back to Capacity Conversations! Today, we welcome the Capacity Clinic’s advisory board member Dr. Pachet back to the podcast, as well as our CEO Nathan Spaling! In this episode,…
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Episode Five: Capacity, Dementia, and Delirium
Read more: Episode Five: Capacity, Dementia, and DeliriumWelcome back to Capacity Conversations! Today, we welcome the Capacity Clinic’s medical director and advisory board member back to the podcast to chat about how dementia and delirium can impact…
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Episode Four: The Role and Value of Retrospective Capacity Assessments
Read more: Episode Four: The Role and Value of Retrospective Capacity AssessmentsWelcome back to another episode of Capacity Conversations! Today, we are fortunate to be joined again by the Capacity Clinic’s medical director, Dr. Richard Shulman and Capacity Clinic advisory board…
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Episode Three: Capacity is Task Specific
Read more: Episode Three: Capacity is Task SpecificWelcome back to another episode of Capacity Conversations! Thank you for joining us as we talk more about the circumstances where a capacity assessment may be needed and how they…