Independent Medical Evaluation of Decision-Making Capacity

All seniors are strongly encouraged to address their estate planning needs.

This includes Wills, Powers of Attorney, Advanced Directives, and other important estate planning and financial documents. Even seniors with memory problems or dementia may still retain the capacity to execute estate planning documents. However, when a frail senior or a senior with significant chronic illness, memory problems, Alzheimer’s disease, or another form of dementia executes or changes their estate plans, their decision-making capacity may be challenged by others in court before or after their death. Unfortunately, this sad situation is not uncommon and it often tears families apart.

Many attorneys recommend that seniors have an Independent Medical Assessment of Decision-Making Capacity performed at or near the time they execute or change their estate plans. The medical assessment must be objective and properly performed and should be conducted expressly for the purpose of assessing the senior’s capacity to make the decisions at hand. If the independent medical assessment concludes that the senior retains intact decision-making capacity, the report’s findings may cause family members or others to think twice about filing a formal challenge. And if a legal challenge or lawsuit is filed, the report’s findings can be presented as evidence in support of the senior’s actions, despite their frailty, dementia, or memory problems.

Any licensed physician may conduct a decision-making assessment but much depends on how the assessment is conducted and how the findings are documented. Dr. Oberlender is knowledgeable and experienced in performing independent assessments of decision-making capacity in seniors and in adults of all ages.

Dr. Oberlender performs the decision-making assessment in the comfort and convenience of the senior’s home or assisted living facility. Dr. Oberlender will personally conduct the assessment and he will personally write the formal report. He will also be available to appear, if necessary, at deposition or in court to defend his assessment and his findings.

Requests to Dr. Oberlender for an Independent Medical Assessment of Decision-Making Capacity may originate from attorneys, courts of law, or directly from seniors, their families, or their caretakers.