Assessing Testamentary Capacity

Assessing Testamentary Capacity. Making sure a client has capacity before signing any documents is an important aspect of being an attorney. Doctor’s notes and family testimony can only paint some of the picture. Additionally, capacity is not either “you have it or you don’t”. Capacity can change with age, experiences and even just time of day. In this podcast, we discuss how we look at capacity in our practice. We hope this gives a clear picture of why we do not include family in meetings with our clients, as well as what we are looking for in these meetings. Assessing testamentary capacity can be challenging without meeting with a client alone.