The technical work needed to prepare a valid Will is only part of what we do to protect your interests. The biggest value we provide is the personal attention and care we give to each client. To prepare a Will, we take the time to:

• become knowledgeable about the existence and identity of the client’s relatives
• understand the client's finances and property ownership
• discuss the client's intentions
• take special precautions if the client is of advanced age and/or has a medical condition or impairment

For elder clients, we make sure that competency to make a Will is establish and confirmed. This protects the client, and family members, from potential challenges to the Will. The article Assessing Clients with Diminished Capacity explains how elder law attorneys take steps to optimize the capacity of a client by:

1. Conducting a private interview, to insure that the client feels free to express his/her true feelings, wishes and concerns
2. Optimizing the client's capacity, by scheduling the meeting at a time when the client is most alert, and not fatigued. An elder's capacity can be enhanced by a law office that is accessible, comfortable, well lit, and quiet with a minimum of distractions.
3. Taking time to understand the client's values and standards, so that what is important to the client is clearly expressed in the Will and other documents.
4. Starting the attorney-client relationship with the presumption that the client has the capacity to freely exercise his/her own judgment.

Vivian Clayton, PhD, a geriatric neuropsychologist, reports that problems frequently arise when there is an amendment to Will or Trust document that is "markedly" different from the elder's previously stated intentions. "Frequently, there has been a new caretaker on the scene who may have unduly influenced the client; in all cases, there are relatives who are unhappy enough to bring a civil suit against those individuals who are to benefit from the change in the estate documents."

By taking the time to understand the unique circumstances of each client, we can protect the client from undue influence, confirm that the client has capacity, and prevent future claims that would attack the client's expressed wishes

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