Under California Probate Code section 812, the contestant may show that the subject was unable to communicate regarding the decision. When does a California resident lack sufficient mental capacity to sign a contract or complex trust instrument? There are two code sections to apply. Contractual Capacity in California – A Variable Standard that Turns on Complexity This may leave the contestant with little affirmative evidence to prove that the subject was incapacitated when executing the will, trust instrument, deed or beneficiary designation. Family and friends have fading recollections. The evidence in the subject’s medical records is likely to be spotty as to the degree of mental incapacity. Under California Probate Code section 811, the contestant must prove a material functional impairment by offering evidence of a mental function deficit that “significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions with regard to the type of act or decision in question.” Such a showing typically requires testimony from an expert witness.Ĭapacity disputes are often adjudicated long after the moment in question – for example, I’ve litigated will and trust contests where the disputed documents were signed well over a decade earlier. Indeed, a diagnosis is only a starting point for analysis. With respect to mental capacity disputes, the starting point is the law’s rebuttable presumption, codified in California Probate Code section 810, that all persons have capacity “to make decisions and to be responsible for their acts or decisions.” Accordingly, even when a person has an adverse mental health diagnosis such as dementia (also known in the DSM-5 as “major neurocognitive disorder”), the contestant has an uphill climb under the burden of proof. Litigation may be won or lost based on who carries the burden of proof. The policy rationale for the different standards is elusive, so as our clients present issues we focus on what standard governs instead of pondering why we have a hodgepodge of rules. The mental capacity standard varies depending on the setting. What mental capacity standards apply in California civil litigation? Last month we presented on this subject at the Placer County Bar Association’s annual spring conference in Roseville.
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