An advisable way to approach extracting issues of capacity with an elderly individual is through delicate conversation. It is important to avoid offending clients who may be uncomfortable, but it can be crucial to proper estate planning. Sometimes, apparent symptoms of incapacity can in fact result from cultural differences between client and lawyer.
A friend of mine who had a chest x-ray was further directed by her doctor to have a CT scan because the x-ray showed something. The whole process made her understandably anxious. That doctor, British-trained, told her that she was probably just another victim. "In Britain, we refer to it as VOMIT," he said. "Victims of Medical Imaging Technologies."