California defines what evidence must be shown whenever you are seeking to prove that a person lacks capacity to make a decision such as update their will or draft a new will. However, what type of evidence are you supposed to present to prove that someone lacks capacity?

California Probate Code section 811 applies to testamentary capacity and states that a determination that a person lacks the capacity to execute a will, must be supported by evidence of a deficit in one of the following mental functions:

1. Alertness: level of arousal or consciousness, orientation to time, place, person, situation and ability to attend and concentrate.

2. Information processing: short and long term memory, ability to understand or communicate with others, recognition of familiar objects and persons, ability to understand and appreciate quantities, ability to reason and ability to reason logically.

3. Thought processes: severely disorganized thinking, hallucinations, delusions, uncontrollable, repetitive or instructive thoughts.

4. Ability to modulate mood/affect: reoccurring feelings of euphoria, anger, anxiety, fear, panic, depression, hopelessness or despair which is inappropriate in degree to individuals circumstances.

For more information about capacity and wills drafting you should consult with an experienced Los Angeles estate litigation Attorney.