The impact of diminished capacity on estate planning is a particularly critical issue for individuals with significant assets, as the stakes are higher and the potential for family conflict or financial mismanagement increases exponentially.
Diminished capacity, whether due to age-related cognitive decline, illness or injury, can severely impact an individual's ability to make sound financial and legal decisions. For high net worth individuals and families, this can lead to disastrous consequences, including the mismanagement of substantial assets, vulnerability to financial exploitation and the potential for contentious legal battles among beneficiaries.
The challenge lies in balancing the need for proactive planning with the sensitivity of discussing potential cognitive decline. Many clients are understandably reluctant to confront this possibility, viewing it as a loss of independence or a sign of weakness. However, addressing this issue head-on is crucial for protecting not only the client's assets, but also their legacy and family harmony.
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