Los Angeles Trust Law Firm

In yesterday's blog, we discussed how capacity affects a person's ability to execute a will in California. 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 litigation Attorney.
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 an individual's circumstances.

Capacity in California Continued