ELDER CARE ISSUES AND THE LAW

In addition to directing ElderConsult’s primary mission of providing medical care for geriatric patients, Dr. Landsverk is a recognized expert in geriatric care, palliative care and other aspects of the delivery of health care for seniors. As an elder care authority, she frequently acts as an expert consultant to attorneys involved in probate litigation, trusts and estates practices, elder abuse and other legal proceedings.

Capacity Examinations

When a will, trust instrument, conservatorship or other legal instrument is contested, the dispute often hinges on the court’s determination of the mental capacity of a person with dementia. All too often, attorneys are forced to attempt to defend or disprove capacity based on anecdotal or circumstantial evidence.

As a geriatrician with a particular expertise in dementia, memory loss, agitation and other aspects of geriatric medicine, Dr. Landsverk frequently conducts examinations expressly designed to provide admissible, compelling evidence of mental capacity at the time a legal instrument is executed. Whether the issue is a change in a will, the execution of a trust instrument, or the establishment of a conservatorship, expert medical evidence of capacity at the time an instrument is executed is an effective and straightforward deterrent to future legal challenges.