Capacity in California
If you are planning on making changes to your estate plan, or if you are drafting an estate plan for the first time, you should ensure that your capacity will not be called into question. A determination of whether an individual has capacity may vary depending on which state you reside in.
California considers the issue of capacity when an individual has difficulty with thought processes and/or difficulty with their ability to modulate their mood. California Probate Code section 811 defines thought process with regard to capacity as: severely disorganized thinking, hallucinations, delusions, uncontrollable, repetitive or instructive thoughts. Additionally, California Probate Code section 811 defines the ability to modulate mood with regard to capacity as: reoccurring feelings of euphoria, anger, anxiety, fear, panic, depression, hopelessness or despair which is inappropriate in degree to individuals circumstances.
However, anyone that wishes to challenge your capacity, must have evidence to support their claims. Pursuant to California Probate Code section 811 a determination that a person lacks the capacity to execute a will, must be supported by evidence of a deficit in certain mental processing. If you live in the California area and have questions about capacity or wills drafting you should consult with an experienced Los Angeles Estate Planning Attorney.