[WSBAPT] Gut check - capacity test?

[Philip N. Jones]

Washington and Oregon both define testamentary capacity as the ability to answer four question, and one of the questions requires no prompting.
On the other hand, many practitioners apply a very low standard when the disposition is entirely natural (to spouse and children, for example).
But your prospective client seems to possibly be very low on the spectrum.  You need to meet with them and make an informed decision after reviewing the four questions.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Friday, April 29, 2022 8:54 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Gut check - capacity test?

Greetings and Happy Month End (to all invoice billers!) -

Got a call yesterday that scheduled a consultation for next week. What my assistant received is that it is a H&W team, but the H has limited language ability AND is some stage (not disclosed how advanced) of Dementia/Alzheimers.

Without knowing more - just in the basic issue spotting - can someone have testamentary capacity if they can only answer yes or no questions.

My concern specifically relates to the fact that they would not be able to say things like - everything goes to my spouse or to my kids.

Meeting is slated for next week and want to help if I can - but worried that this person is too far gone if they are truly limited in speech to yes or no.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

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