Florida Lack of Mental Capacity Attorneys
Helping Clients Protect Their Families & Loved Ones
At Adrian Philip Thomas, P.A, we know that elders who have medical and psychiatric problems that affect their mental and cognitive ability may require litigation to prove their lack of mental capacity. These claims are based on the testator’s lack of mental capacity and are the most common types of testamentary challenges. Just because an individual has a form of mental illness or disease does not mean that they automatically lack the requisite mental capacity to make a will.
Under the Uniform Probate Code and Florida state law, a person must meet the following conditions to make a will:
- They understand the nature of the testamentary act
- They understand and recollect the nature and situation of their property
- They have knowledge of the persons who are the natural objects of their bounty
- They know the manner in which the disposition of the property is to occur
The Testamentary Capacity Instrument
The Testamentary Capacity Instrument (TCI) measures capacity according to the four elements required by Florida Law. Importantly, each element is based on the person’s ability to recall or remember information pertinent to the execution of a will. More importantly, however, is the TCI’s section that tests the person’s susceptibility to undue influence.
Proving Lack of Mental Capacity
Lack of Mental Capacity or incompetence is typically proven by medical records, irrational conduct of the decedent, and the testimony of those who observed the decedent at the time the will was executed.
Proudly Guiding Clients Throughout Florida
Adrian Philip Thomas, P.A is here to walk you through the legal process if you need advice regarding a lack of capacity issue. Our seasoned lawyers have been serving clients in Florida since 2002. The varied backgrounds of our legal professionals include estate planning, uncontested probate and guardianship, law enforcement, and guardianship advocacy, which makes us extraordinarily well-suited to handle lack of mental capacity cases.
To request your complimentary consultation with our legal team, please call (800) 776-3103 or contact us online.
The Stories That Matter
Read Our Client Thank You Notes
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"Please know how much I appreciated your hard work and effort representing me!"Jeff, please know how much I appreciated your hard work and effort representing me! Thank you for putting up with me and for never making me feel inept.- S.H.
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"We cannot adequately express our gratitude for your excellent work in the resolution of this matter."I don't think there is a better way to express how we feel about these attorneys than to show our final message to them: Ryan & Adrian: We cannot adequately express our gratitude for your excellent work in the resolution of this matter. While certainly- MB & KB
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"Would not hesitate to use him in the future."
Took the time to explain to me what was going on with my case in way that made sense. Would not hesitate to use him in the future.
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"Adrian, Thanks, you’re doing a great job and you’re the best and only lawyer that has been ethical and professionally serious about this case."Adrian, Thanks, you’re doing a great job and you’re the best and only lawyer that has been ethical and professionally serious about this case. You have great communication skills as well. Thank you.- L.A.
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"I appreciate all your help with my case and your professionalism"Hi Michele, I appreciate all your help with my case and your professionalism. Jeff and Esther were extremely helpful, especially considering the difficult circumstances.- S.J.
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"Thank you for your time, kindness and help."Mr. Trinkler, Just want to say thank you for your time, kindness and help.- G.W.
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"Michele, Thank you. This speaks to the excellent work Mr. Thomas & yourself have done."Michele, Thank you. This speaks to the excellent work Mr. Thomas & yourself have done.
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"Thank you for all you have done."Hi Ryan, Thank you for all you have done. Truly feeling relief and a release, being free from lawsuit. Just wanted to tell you how much I depended on you, and appreciate all you have done.- E.D.
