This is not a medical blog, but medicine and the law interact extensively when it comes to determining (or challenging) a person’s legal capacity. To prove lack of capacity requires evidence of a mental defect, such as dementia or Alzheimer’s disease. Alzheimer’s also plays a role in proving a weakness of mind—required for undue influence.
Dementia
Lack of Capacity in California Trust and Will Creation
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Our lates video post describes the concept of Lack of Capacity in California Trust and Will creation. For those viewing this blog by email subscription, you can click on the title for a link to the video.
Influencing the Court to Find for Undue Influence in California
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I’ve blogged before about using the concept of undue influence to overturn a California Will or Trust. But knowing the definition of undue influence is only the first step. To make the concept of undue influence useful, you have to know how to prove the existence of undue influence in a Court of law. That…
Will Capacity vs. Trust Capacity: The Mental Measuring Stick under California Law
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In order for a person to create a valid Will or Trust they must have “sound mind.” The term “sound mind” is short hand for a rather complicated set of rules for determining mental capacity. If a person lacks proper mental capacity, then any document they sign is deemed invalid under California law. A person…