Certificate of Capacity
A Medical Certificate of Capacity establishes that an individual had full capacity on a date certain. It is designed to certify that any preneed documents created for your estate plan were properly executed by you as a fully capacitated individual. This may prevent attempts to claim that you were incapacitated at some unspecified time in the past and therefore at risk of the court attempting to void your preneed documents.
This document example is designed to conform to all generally accepted aspects of the pillars of capacity.
This document should be completed by a recognized medical specialist with the experience and training to administer and document the appropriate testing for capacity and who is not related to you or who might stand to gain from your estate. It should be kept in a secure location and away from any potential litigants. The entire form should be witnessed and updated often.
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