Tag: cognitive ability

27 Jan

Can Sleeping Too Little Affect One’s Capacity?

Suzana Popovic-Montag General Interest Tags: , , , 0 Comments

It is generally understood that, in order to execute a valid Last Will and Testament, a testator must meet the legal test for capacity. Drafting solicitors must remain especially vigilant when preparing a Will for an elderly client.

On October 16, 2013, we blogged on the correlation found between oversleeping and mental incapacity. Though the cause for the correlation was unknown, studies conducted by Columbia University and Hospital University of Madrid concluded that those who regularly oversleep might be more likely to develop Dementia. “Oversleeping” was classified as sleeping for nine or more hours every night.

Researchers funded by the National Institute of Health have found evidence that the reverse is also true when it comes to sleep: those already suffering from progressive neurodegenerative disorders, such as Alzheimer’s Disease, may experience more severe symptoms and a quicker decline as a result of chronic lack of sleep. Sleep patterns can affect cognitive ability and, in turn, the ability to execute a Will. These findings negate some cultural beliefs that “sleep is for the weak” and instead suggest that sleep is more important than we might want to believe.

Just as we cleanse our physical bodies at the end of each day, the brain also undergoes a process to cleanse itself of its “waste,” otherwise known as amyloid plaques. This detoxification process occurs while we are sleeping. Amyloid plaques are produced throughout the day and, like any other plaque that is built up, they can cause harm to our bodies when not properly removed. Amyloid plaques, specifically, have been linked to brain functioning and associated with Alzheimer’s disease. Without a proper night’s sleep, our brains are unable to eliminate these damaging toxins and thus cannot maintain optimal functioning.

Given the compelling evidence linking sleep patterns to possible cognitive decline, if you wish to remain capable of executing a Will, the importance of a good night’s rest cannot be overstated.

Thanks for reading! Have a great day!

Suzana Popovic-Montag and Tori Joseph

28 Dec

Preparing for a Decline in your Financial Cognitive Ability

Ian Hull Capacity, Estate Planning, Power of Attorney Tags: , , , , , , , 0 Comments

I recently tweeted an article from the Wall Street Journal entitled Five Steps to Prepare for a Decline in Your Financial Cognitive Ability. The article points out that, although we easily consult health-care providers with respect to our physical health, we may have more difficulty recognizing our limitations and changes in our financial health. As we live longer lives, the likelihood of mental and cognitive decline increases, and accordingly, the need for a plan with respect to how to cope with such a decline increases as well.

During the holidays, many of us host and attend family gatherings, which may provide a good opportunity to discuss your plans and wishes with your loved ones, at a time when everyone is together in a relaxed, low-pressure environment. While such conversations are not always easy, they are a necessity to ensure that your wishes will be carried out, and that your family will not be stressed in attempting to discern exactly what your wishes are.

The first of the five steps suggested in the article is to talk to your spouse to ensure that both parties are in agreement with respect to your financial plan. The second suggestion is to organize your finances as clearly and simply as possible. If your finances are spread out over several banks or institutions, consider consolidating accounts. At the very least, it may be wise to create an inventory of all accounts, investments, and assets so everything can be easily located and accounted for.

The next step is to review your Will and your Power of Attorney for Property, or if you do not yet have either of these documents, arrange to have them prepared by a lawyer. With respect to your Will, ensure that you have clearly thought out your choice of executor, the bequests to beneficiaries, and anyone you may be leaving out. With respect to your Power of Attorney, of course, the most vital element is that you choose a trustworthy Attorney.

The fourth suggestion is to assign roles to your family members. This involves asking the individual if they would be willing to assume the role you have selected, and communicating within your family with respect to who will be responsible for which tasks. By having this conversation in advance, and explaining the reason for your choices, you may be able to avoid any surprised or hurt feelings at a later date, based on who has, or has not, been selected for a particular role.

The last suggestion included in the article is to seek professional assistance and advice from a lawyer and/or a financial professional. They can help you feel comfortable with the planning you have put in place and give you, and your family, peace of mind.

Thanks for reading.

Ian Hull

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