Today, Nick tackles what happens when cognitive decline enters the picture and estate planning still isn’t done. He explains how mental capacity is assessed in real life and why waiting for a health scare can seriously limit your options. Don’t wait until your loved ones are left in a crisis, because acting early can make all the difference.
Here’s some of what we discuss in this episode:
🧩 Estate Planning Delays: Many families wait until a diagnosis forces the conversation
🧠 Testamentary Capacity: Legal standard for whether someone can sign estate documents
⚖️ Capacity Evaluation: How attorneys determine if someone can still make decisions
🚨 When It’s Too Late: Guardianship or conservatorship may become the only option
👨👩👧 Family Protection: Planning early prevents legal battles and court involvement
Go inside the episode:
0:00 – Personal Updates & Baseball Season
5:41 – Why Do Families Wait?
7:51 – Understanding Testamentary Capacity
14:14 – Evaluating Capacity and Legal Consequences
20:07 – Different Levels of Capacity for Estate Planning
22:31 – Options When It’s Too Late
Resources:
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