Ask Yourself…
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Do you have a loved one that cannot take care of themselves? Do they need someone to make medical, financial, legal, or housing decisions for them? Who is going to provide for their safety? If someone in your life has become incompetent and needs you to have legal authority, we can help. Ask yourself these questions and if you have more “lacks capacity” you likely need our help:
A. Language and Communication (understands/participates in conversations, can read and write, understands signs such as “keep out,” “men,” “women”)
[ ] has capacity.
[ ] lacks capacity.
B. Nutrition (makes independent decisions re: eating, prepares food, purchases food)
[ ] has capacity.
[ ] lacks capacity.
C. Personal Hygiene (bathes, brushes teeth, uses proper hygiene when using the restroom)
[ ] has capacity.
[ ] lacks capacity.
D. Health Care (makes and communicates choices re: medical treatment/caregivers, notifies others of illness, follows medication instructions, reaches emergency health care)
[ ] has capacity.
[ ] lacks capacity.
E. Personal Safety (recognizes danger and seeks assistance as needed, protects self from exploitation/personal harm)
[ ] has capacity.
[ ] lacks capacity.
F. Residential (makes and communicates decisions re: residence/roommates, maintains safe shelter)
[ ] has capacity.
[ ] lacks capacity.
G. Employment (makes and communicates decisions re: employment, demonstrates vocational skills such as neatness and punctuality, writes or dictates application form)
[ ] has capacity.
[ ] lacks capacity.
H. Independent Living (follows a daily schedule, conducts housekeeping chores, uses community resources such as bank, store, post office)
[ ] has capacity.
[ ] lacks capacity.
I. Civil (knows to contact advocate if being exploited, understands consequences of committing a crime, registers to vote)
[ ] has capacity.
[ ] lacks capacity.
J. Financial
- Makes and communicates decisions about paying bills and spending discretionary money, and makes change for $1, $5, and $20
[ ] has capacity.
[ ] lacks capacity. - Makes and communicates decisions regarding management of a personal bank account, savings, investments, real estate, and other substantial assets
[ ] has capacity.
[ ] lacks capacity. - Can resist attempts at financial exploitation by others
[ ] has capacity.
[ ] lacks capacity.
Client Questions
What is my spouse won’t agree to leave and I cannot move from my home or it is solely my home?
Answer:
This is a difficult situation that many clients find themselves in. When a living situation is untenable, one solution can be to file for Divorce from Bed and Board and ask the court to kick your spouse out of the home based on fault they have committed. Additionally, you can also ask the court for sequestration of the marital residence in child support or an interim distribution of the marital residence if you have good cause.
If I am planning to move out do I really need a Separation Agreement?
Answer:
Yes, yes, and yes. If you are planning to move out, have moved out, or otherwise have any remaining financial or legal ties with your spouse, you do need a separation agreement. Not only will the agreement give you peace of mind, but there are numerous legal issues to be resolved in your agreement. What about filing taxes or tax deductions? What about Alienation of Affections and Criminal Conversation waivers? What about the Doctrine of Necessaries? All of these things should be resolved in your agreement, along with a multitude of others. And NO you should not simply print off a go by from the internet. Do you really personally know what all the legal jargon means?
