Why assess capability?
Capability assessment by a physician can be helpful in a variety of situations.
Here are three stories* to illustrate how a physician's capability assessment can be helpful for estate planning and protection.
Mr. A
Mr. A is a 72 year-old retired professional living alone at home. His wife passed away 5 years ago. He has 4 children. He owns his home and he has an income from a pension and investment savings. His children have noticed that he is becoming more forgetful and they would like to help him with important activities such as banking, paying bills, filing his tax return and managing his investments. He does not currently have any estate planning documents such as an enduring power of attorney or a will. His children would like to help him organize his estate planning. The family lawyer recommends that Mr. A see a physician for a cognitive capability assessment as part of the estate planning process.
Mrs. B
Mrs. B is a 61 year-old professional living at home. Her husband passed away 3 years ago. She has one daughter who was living abroad. She was hospitalized one year ago due to a stroke. Initially, in hospital she was very confused and disoriented. A hospital physician indicated in her file that, due to her confusion, she could no longer manage her own finances. Her daughter was temporarily unable to assist. The hospital staff contacted the office of the provincial Public Guardian & Trustee (PG&T). Arrangements were made for an officer of the PG&T to take over control of Mrs. B's finances. During the post-stroke rehabilitation process, Mrs. B's confusion gradually resolved. Her daughter moved back to live nearby and help support her. Mrs. B and her daughter would like her to regain control of her own finances. The family lawyer recommends that Mrs. B see a physician for a cognitive capability assessment to help determine her ability to manage her own finances once again.
Mr. C
Mr. C is an 86 year-old retired professional living at home. His wife passed away 2 years ago. He has 3 children. He owns his home and he has an income from a pension and investment savings. He has a personal care assistant helping him at home from Monday to Friday and his children take turns helping him at home on weekends. His children have noticed that he is becoming more confused and forgetful. One day, Mr. C notifies his children of his intent to marry his personal care assistant. His children are concerned about the potential risk to his estate and they notify the family lawyer who recommends that Mr. C see a physician for a cognitive capability assessment as part of the estate protection process.
* Although they are common situations, these specific client stories are fictitious.