This column first appeared in the San Antonio Express News on June 5, 2017. It may not be too late. However, it is certainly very bad timing for her to be signing a Durable Power of Attorney because she must have legal capacity. She must have the same capacity a person needs when entering into contracts. For that reason, legal documents like this should be in place before a crisis strikes, but preparation means thinking beyond tomorrow, a task which many people place at a low

This column first appeared on the Express-News MySA website on December 15, 2014. Dear Mr. Premack: My wife has early stage Alzheimer’s. She is wearing a patch so is still functional. We have rent houses and oil interests. Although we made Wills years ago when our children were young, because we have been busy with the business of living we never updated them. Is it too late? – JE Your assessment that your wife is “still functional” is quite important but not the final word.

Mental Capacity Will Determine Validity of Testamentary Choices