The Concepts of Incompetence and Incapacity in Chancery Matters
August 22, 2014 § Leave a comment
As the population ages, attorneys are increasingly faced with issues of the elderly. Adult guardianships, conservatorships, powers of attorney, health-care directives, and estate planning all involve to some extent determinations of the competence and capacity of individuals so that appropriate decisions may be made.
Attorney Tom Freeland, IV, of Oxford, prepared a paper entitled, “Difficulties in Talking About Incompetence and Incapacity,” to present to the North Mississippi Rural Legal Services annual Elder Law Seminar at Ole Miss on August 1, 2014. The program was sponsored and presented by the NMRLS Elder Law Project, of which Ms. Jennie Kilgore is the Director, and the Three Rivers Agency on Aging.
Mr. Freeland has granted me permission to serialize his paper here, and you can read it beginning Monday.