In trust and estate litigation, the determination of capacity is not always clear - but then again - sometimes it is really clear. <br />A couple years back, as a 65-year old attorney, I took a call from a woman named Jill. Jill explained to me that she was calling on behalf of her friend, a ninety-year old widow named Martha. Jill told me that Martha wanted to change her very substantial trust and name Jill as the trustee. I learned that Martha lived in her home with a caretaker, could no longer drive and she would rely upon Jill to take her to an appointment at my office. <br /> <br />Read more: http://www.hackardlaw.com/blog/2017/03/determining-capacity---a-true-story-ca-trust-estate-litigation.shtml
