(In)Capacity to instruct counsel

by: , July 25, 2023

July 25, 2023 In the world of estate litigation, an issue that frequently arises is the capacity of an elderly individual to create a will or execute a power of attorney. As is widely known, there are different levels of capacity required for an individual to carry out different tasks; the highest level of capacity…read more

Assessing Testamentary Capacity

by: , February 27, 2007

An article was published in the American Journal of Psychiatry in May 2007 and can be found at  www.ajp.psychiatryonline.org. Among other things, the article considered the common cognitive screening tests used by the medical profession to assess testamentary capacity. By way of introduction, the article states: Clinicians and legal experts must understand that cognitive tests…read more