Educating Doctors on Testamentary Capacity in Their Work

Ryan C.W. Hall, MD, et al, has authored an article entitled Testamentary Capacity: History, Physicians’ Role, Requirements, and Why Wills are Challenged, Clinical Geriatrics, June 2009.

As the following excerpt makes clear, this article was written as an educational tool for the medical community, but a more educated medical community could certainly impact the estate planning and estate administration community.

Unfortunately, most doctors, even those who primarily see patients of advanced years, are not knowledgeable about key issues surrounding testamentary capacity. A study in 2002 found that only 7% of general practitioners, psychiatrists, geriatricians, and medical students near completion of their training could answer basic questions regarding testamentary capacity. A physician’s lack of knowledge concerning testamentary capacity serves our patients poorly. We must be knowledgeable if we are to help our patients when they seek our advice about issues such as making wills, initiating advance directives, defining health surrogates, and other legal matters related to healthcare and death. In addition, if there is a legal challenge to a will, our medical records are likely to become key documents in subsequent legal actions and should address expected key issues and facts.