[WSBAPT] Medical Evaluations of Testamentary Capacity

[Bruce Moen]

An MD with a long medical history (knows him personally over time) is very good.  If no history, then an MD who is briefed as to the legal standards  or a PhD who testifies in capacity proceedings.

Lots of witnesses are good.  His accountant, financial planner or stock broker, friends, the more witnesses that can testify, the better. Some families are taciturn about their estate plans.  He should open up and explains his motives to all of these witnesses.  Many witnesses and make sure that you can lay a foundation to overcome all of the objections when offered into evidence at trial.

  -Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ryan P. Coon
Sent: Monday, July 19, 2021 3:39 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Medical Evaluations of Testamentary Capacity


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.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

This message contains confidential and privileged information that is intended only for the named recipient(s).  Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information.  If you receive this communication in error, please notify the sender immediately.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210719/a9152ff9/attachment.html>