Adults are presumed to have capacity, but does everyone truly have it? Capacity is defined as the “ability to effectively communicate one’s wishes.” Capacity, however, is not a diagnosis. It is well settled in Pennsylvania case law that “…mere weakness of intellect resulting from sickness or old age is not legal grounds to set aside an executed contract if sufficient intelligence remains to comprehend the nature and character of the transaction.” Cardinal v. Kindred Healthcare, Inc., 155 A.3d 46, 50 (Pa. Super. 2017). There are several things that may “tip off” families that an individual would benefit from a capacity… read more »
COVID-19 Update: POAs in Troubled Times
COVID-19 Update: POAs in Troubled Times On Tuesday, March 24, CGA’s estate attorneys participated in a Canon series teleconference, co-sponsored by our friends at ACNB Bank, outlining the very latest legal guidance on that most important of estate documents, the durable power of attorney (“POA”). The following are notes from that seminar. 1. Irreplaceable.A POA allows us to appoint a trusted person like a spouse, parent, child, or other family member to help and assist us with decisions if we are unable to take action on our own. There is really no substitute for a valid POA; without one, family members… read more »
