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Neuropsychological Assessment of Testamentary Capacity

What Attorneys Need to Know

As an attorney, you play a crucial role in helping clients plan their estates and execute their wishes. When executing an estate plan, one important consideration is the client’s mental capacity to make informed decisions about their estate. This is where a neuropsychological assessment of testamentary capacity (or need for guardianship) comes into play. It is important to understand how this assessment works, why it is useful, and the validity, reliability, and general acceptance of neuropsychological evaluations.

What is a Neuropsychological Assessment of Testamentary Capacity?

A neuropsychological assessment of testamentary capacity is a comprehensive evaluation of an individual’s executive skills, attention, memory, language, judgment, and other factors that may impact their ability to make informed decisions about their estate plan. The tests themselves are a series of special puzzles and memory tests that allow neuropsychologists to compare the examinee’s abilities relative to the abilities of other individuals their age, level of education, etc. These data, when considered in the context of several other sources of information, allow neuropsychologists to make determinations of capacity that are nuanced and based on objective data.

How Does A Neuropsychological Evaluation Work?

In addition to administering objective cognitive ability tests, the evaluator will interview the examinee about their emotional functioning and perception of their thinking abilities. Depending on the questions at hand, the examinee’s understanding of their estate plan and decision-making skills may also be queried. The evaluator will also review available medical records and speak to collateral sources, such as family members. All of these sources of information are then integrated into a report that will describe the examinee’s mental capacity and ability to make informed decisions.

Why is it Useful to Administer an Assessment Concurrent with the Execution of an Estate Plan?

Administering a neuropsychological assessment of testamentary capacity concurrent with the execution of an estate plan is useful for several reasons. First, it can help ensure that the client’s estate plan accurately reflects their wishes and does not result from undue influence, fraud, or other factors that may compromise their decision-making ability. Second, it can help prevent challenges to the estate plan in court by demonstrating that the client has the mental capacity and understanding necessary to make informed decisions about their estate. Third, it can provide peace of mind for both the client and their family by ensuring that the client’s wishes are being honored and that their estate is being distributed according to their wishes.

Why are Neuropsychological Evaluations Valid, Reliable, and Generally Accepted?

Neuropsychological evaluations are widely recognized as valid, reliable, and generally accepted in the legal field. They are based on established scientific principles and methods and have been extensively studied and validated over the years. Moreover, the results of neuropsychological evaluations are objective, measurable, and standardized, which helps ensure that the assessment is fair and accurate. This is important when administering an assessment of testamentary capacity because it helps ensure that the assessment is based on sound scientific principles and is not influenced by subjective biases or factors.

In Conculsion

A neuropsychological assessment of testamentary capacity is a comprehensive evaluation of an individual’s cognitive and decision-making abilities that is conducted to determine whether they have the mental capacity and understanding necessary to make informed decisions about their estate plan. Administering an assessment concurrent with the execution of an estate plan is useful for several reasons, including ensuring that the client’s estate plan accurately reflects their wishes, preventing legal challenges to the plan, and providing peace of mind for the client and their family members.

If you are wondering whether a neuropsychological evaluation may be useful in your case, please do not hesitate to reach out for a consultation.