Different Capacity for Different Documents?

Lawrence A. Frolik (Professor of Law, University of Pittsburgh) and Mary F. Radford (Professor of Law, Georgia State University School of Law) have recently published their article entitled “Sufficient” Capacity: The Contrasting Capacity Requirements for Different Documents, 2 NAELA J. 303 (2006).  Their introduction states that

This article discusses the levels of capacity required to undertake a variety of legal acts, including executing valid wills, trusts, gifts, powers of attorney and contracts.  This article also explores a doctrine that is closely related to the determination of testamentary capacity, the doctrine of “undue influence.”  Undue influence lies in the shadow land between testamentary capacity and capacity to contract and is used by probate courts to invalidate the will of an individual whose capacity level is high enough for testamentary capacity, but too low to enable the testator to resist the importuning of another.