Unit 1 DB: Elderly Client Interview

A new,elderly client sits before you.She arrived with her caretaker-neighbor, who also happens to drive the client to all of her appointments.It is currently July, however, your client is wearing a jacket.She and her husband created Wills some forty years ago.Her husband passed away five years ago, and her son has been living with her ever since.She has a few bank accounts and a life insurance policy.

Think about these facts and discuss the following, using all of the required reading resources:

• How would you determine if the client has testamentary capacity?What types of questions would you ask?Would you look to any outsiders to assist you in your determination?If so, whom would you ask?What legal and/or ethical concerns must you consider in speaking with third parties?
• Now assume your client has testamentary capacity.How would you go about determining the client's needs?Think about the various forms of "property" the client informs you she owns.Explain whether she would need a new Will or a Codicil (define that term) and why you would recommend either.