[WSBAPT] Medical Evaluations of Testamentary Capacity

Ryan P. Coon cole-gilday at stanwoodlaw.net
Mon Jul 19 15:39:02 PDT 2021


Listmates,

I am in need of a little guidance regarding medical evaluations of 
testamentary capacity. I have a client who anticipates a will dispute 
after death (had a stroke, now wants a Will leaving nothing to kids, 
instead leaving estate to siblings, grandkids, and new spouse).

My question is two-fold. First, any particular set of medical 
credentials better than another when assessing testamentary capacity? I 
assume MD as opposed to NP or PA but beyond that I don't know. Is a 
General Practitioner fine or should we be looking for something more 
specialized?

Second, I plan on writing a letter to the assessing medical professional 
outlining the situation and the general requirements for testamentary 
capacity but I'm wondering if anyone knows of a good standardized 
test/assessment of testamentary capacity that works well for this type 
of situation. If so could you please point me in the right direction here.

Thank you for any help that you can offer.

-- 

Very Truly Yours,

Ryan P. Coon

Law Office of Cole & Gilday, P.C.

//

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