04/29/2026
I made a really hard call today.
I was talking with a client and her adult children when I realized she did not have legal capacity to sign the Trust we were designing together.
To be able to sign a Will or Trust, you must know (1) who your family is, (2) what your assets are, and (3) the natural disposition of your bounty.
What does that mean? It means you have to know how many grandchildren you have, the address of your home, the general balance of your bank account, whether you have a retirement account. You need to know that the “natural” disposition of your assets is most often to benefit your biological or adopted children but you 💯 do not have to follow that general pattern!
When I realized she did not have all three of these requirements, we set the design of the Trust aside and started making another, simpler plan.
I was able to help the family as the beautiful, supportive unit they are, understand what their options are, how to use non-probate techniques to make sure that the client is going to be protected and financially secure for her whole life, and how to use Maryland laws to make it so that the assets that will be left over when she dies will be passed as equally and simply as possible to her children. We talked together about how to reduce risk to her financial future, about how to keep her as independent as possible for as long as possible, and how they can assist her as that capacity diminishes.
I lost a very nice client with a very friendly family today. I couldn’t do what they initially asked, and I lost a couple hundred dollars of income. I could have avoided the ethics question, I could have upsold them on guardianship and potentially taken away her civil rights, I could have pushed back and made them take her to a doctor to determine competency. But that’s not the way you treat people.
In that moment, we found an issue and worked on it together holistically. We respected the client’s independence and authority, and we protected her safety together. There’s nothing more important than that.