Get ready to be shocked; many medical doctors have very little understanding whether your loved one has legal capacity or is incapacitated. Further, understand that capacity is a legal not a medical term. I have had several cases where the children or grandchildren were convinced that dad/grandpa et cetera was not the same person, but the doctor said dad/grandpa was fine. In one case I distinctly remember, the general practitioner was convinced that grandpa had capacity, but after the grandson filed a petition to determine incapacity, it became very obvious that grandpa lacked capacity and had impaired functioning. The court found grandpa lacked capacity and the court prevented a wealthy 92 year old man from marrying a 56 year old caretaker earning $12.00 per hour. If you have questions it pays to talk to a qualified guardianship attorney to understand your options. Contact Cody & Linde, PLLC today.