Competency and Capacity Designations
The Effects of Alzheimer's Disease
Mental capacity and legal competence are important issues that should be discussed in regard to life care planning. Having a legally sound plan tailor-made to suit your wishes will mean that you can ensure your desires are addressed should you become incapacitated for any reason. Alzheimer's disease, severe illness and other medical conditions may mean that a patient is unable to make decisions for him or herself. Sorting out competency and capacity designations will help you avoid issues in the future in regard to your health care and financial or legal decisions.
If you are interested in designating a trusted friend, family member or loved one to make decisions in the event that you are unable to do so, our lead attorney at Melnik Law Group, PLLC can help. Steven Melnik represents clients in Manhattan, Brooklyn and throughout the New York City area and are intimately familiar with the ins and outs of legal procedure involving these designations. We can help you protect your interests and future.
Trusted Legally Sound Counsel from an Elder Law Lawyer in NYC
A patient has the right to refuse medical treatment. The only exception would be if the patient is not legally competent, meaning that the patient does not have the mental capacity to make decisions regarding his or her wellbeing. Competence refers to a person's mental soundness that is necessary to make certain decisions or carry out specific acts. All adults are considered to be competent unless otherwise designated by the court due to mental illness or a medical condition that is considered significant enough to interfere with the patient's ability to make sound decisions. Legal competence and mental capacity are issues that must be addressed on a case-by-case basis. They are not "black and white" and will vary depending on the unique situation. Incompetence can only be established by the court.
Advance directives such as a health care proxy, living will or power of attorney may be completed in order to address capacity and competency designations. A lawyer at our offices can help you with these and can address any other issues that you may be concerned with.
Contact the legal team at Melnik Law Group, PLLC today.