I recently wrote about the standards for determining undue influence and questioning the value of consulting with a neuropsychologist to determine capacity to sign a legal document. But what is the standard for incapacity?
The answer is that it's a moving target, often depending on the situation and the document to be signed. Further, in the absence of indications of undue influence the attorney should be inclined to assist a client with questionable capacity to execute estate planning documents rather than refusing to assist the client.
Testamentary Capacity
Here's the legal standard for "testamentary" capacity, the capacity to sign a will:
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