Question

You are asked as a psychiatrist to determine if a patient has the capacity to make a will. To make the will, which one of the following does the patient not have to prove to you?

A. He knows that he is making a will
B. He knows how the will distributes his property
C. He knows the nature of the property to be distributed
D. He knows who will inherit the property
E. He understands court procedure

Answer 1

To make a will, a patient needs to prove their understanding that they are making a will, know the distribution of their property and the nature of the property, but not the understanding of court procedure, which is not required.

Step-by-step explanation:

Assessing Capacity to Make a Will

To determine if a patient has the capacity to make a will, a psychiatrist must evaluate several specific capabilities of the patient. The patient must prove that they understand they are making a will (A), know how the will distributes their property (B), and are aware of the nature of the property to be distributed (C). However, understanding court procedure (E) is not a requirement for making a will. Although the formal execution of a will is a public process, the patient's comprehension of court procedures is not necessary for the creation of a valid will.

It is crucial that the patient knows who will inherit the property (D); however, this typically refers to a recognition of potential beneficiaries rather than a detailed understanding of inheritance law. In the context of determining one's capacity to make a will, competence is presumed unless the individual has been legally adjudicated incompetent. The principle stemming from cases like Dusky v. United States and Godinez v. Moran is that an individual must be competent enough to participate in legal processes pertaining directly to them, such as standing trial. However, expertise in legal procedures at large, such as court proceedings unrelated to the will itself, is not a requirement.