Lack Of Mental Capacity

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.

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