Estate & Asset Protection Law Firm Owner, Shannon Pawley, talks about legal mental capacity requirements, how mental capacity can vary from moment-to-moment and how the requirements can vary from one jurisdiction to another and how estate planning attorneys can help clients avoid the need for mental capacity assessments.

DECATUR, GA, March 3, 2022: Shannon Pawley, Owner of The Estate & Asset Protection Law Firm, has posted a new article on the law firm’s website entitled “Legal Mental Capacity Requirements Vary Depending On The Legal Documents.” Ms. Pawley urges readers to be proactive and avoid any need for having to be assessed for mental capacity.

Pawley doesn’t beat around the bush. She states affirmatively that, “The best way to avoid having to deal with the legal ramifications of diminished mental capacity is to create an estate and asset protection plan while you are of sound mind and to update those documents as needed.” She continues, “Proper execution of legal documents requires that the person signing have the “capacity” to understand the implications of the document. Very often mental capacity diminishes with age and certainly with the onset of illnesses such as Alzheimer’s Disease.” She goes on to add, “Diminished mental capacity can occur as the result of accidents as well. A young person could be subject to diminished capacity just as easily as an elder loved one. So as an attorney I always encourage people to act sooner rather than later, in other words create your estate plan well before you need it.”

Pawley points out, “If you are helping a parent or loved one update or establish estate plan documents while they have been diagnosed with diminished mental capacity, know that their capacity can vary depending on the disease, the time of day, the effects of medication. The person could be fully lucid from one moment or one day to the next.” She also states, “In addition, it’s important to know that greater understanding is required for some legal documents than for others. For instance, the mental capacity required for entering into contracts is higher than that required to execute a will. And depending on where your loved one resides, the legal capacity requirements for different documents can vary form one jurisdiction to the next.”

The entire article can be read at LINK HERE

About The Estate & Asset Protection Law Firm

The Estate & Asset Protection Law Firm was established to serve the legal needs of retiring citizens. The Firm focuses its entire practice on providing strategies to protect independence, privacy, assets and taxes from the government. Shannon Pawley has grown her law practice by providing excellent customer satisfaction with personalized wealth protection plans.

About Shannon M. Pawley, J.D., LL.M

As the owner of The Estate & Asset Protection Law Firm, Shannon M. Pawley and her entire team share a passion which focuses on being able to serve the legal needs of retiring individuals. In our firm, WE BELIEVE that people should not have to lose everything they’ve worked a lifetime to earn and that every person is an individual who deserves respect and the highest quality of life possible, regardless of age or ability. We also believe that privacy and protection are the keys to personal peace. Born and raised in the Tidewater area of Virginia to a tightknit family with strong military service roots, Shannon learned from an early age the value of hard work and the importance of social awareness to ensure you always leave a situation in a better place than how you entered it. In her junior year of high school, Shannon served as U.S. House of Representatives Page during the 101st United States Congressional Session in Washington, D.C. This experience exposed her to numerous new cultures and worldly issues. Walking away from her experience as a U.S. House of Representative Page, Shannon knew that she wanted to pursue legal studies and be able to assist others in obtaining the best results available in difficult situations.
Shannon earned her undergraduate degree at North Carolina Wesleyan College and pursued a law degree from Michigan State University College of Law. After obtaining her law degree and becoming a licensed attorney in Michigan, she continued her educational pursuit by acquiring a LL.M. (Master of Law) in Taxation from Wayne State University. After moving to Georgia in 2018, Shannon obtained her Georgia law license and has enjoyed being able to pursue her desire of ensuring persons are able to age with dignity, grace and independence.

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