Posted On: October 7th 2014
The law in New York recognizes adults as people age 18 and older. It is at this time when people have the right to manage their own affairs and conduct business, which includes making health care decisions. All adults and emancipated minors have the ability to make their own healthcare choices, unless they are proven incapable. As people age their mental capacity tends to decrease creating a need to determine what is known as “legal capacity.” Although attorneys are not mental health professionals, there are guidelines in place in order to determine whether or not a client has the capacity to complete a legal transaction or make decisions regarding healthcare.
The elder law attorneys at Schwartz, Fang & Keating have seen many family members bring in an elderly client because they have observed behavior that suggests that their mental capacity is declining. It is important to understand that a person’s mental alertness will change day to day and that mental capacity determination is not a black-and-white issue. In order to determine legal incapacity there needs to be a legal proceeding, which is usually called a guardianship or conservatorship proceeding. It is important to understand that a doctor or diagnosis cannot determine legal incapacity. However, medical diagnosis by a professional is a necessary part of the process for determining incapacity in New York State.
This legal process is in place in order to protect the elderly and others with diminished capacity. Making decisions of healthcare for the elderly is often an important and sensitive issue. The guidelines and laws in New York State that address health care proxy and mental capacity are meant to protect the individual so that they receive necessary care and their wishes are carried out, even when they are not able to express them.