Adjudication of incapacity involves a different legal test than capacity to will.

• A. True
• B. False
• C. Sometimes true
• D. Not applicable

Answer: (A)

Two different standards govern how we assess mental decision-making in law: testamentary capacity and adjudication of incapacity. Testamentary capacity, or capacity to will, is a narrow, time-specific test focused on whether, at the moment of making a will, the person understands the nature of the act, the extent of their property, and who might reasonably be expected to benefit. It doesn’t require perfect memory or broad decision-making ability—just understanding and voluntariness regarding the will.

Adjudication of incapacity, by contrast, addresses a broader, ongoing need to manage personal affairs and property. It’s used in guardianship or conservatorship proceedings and looks at whether the person can receive and evaluate information, communicate a decision, and appreciate the consequences of their choices in daily life. Because this standard covers general functioning and ongoing decision-making, it differs from the test used for testamentary capacity.

Given these distinct purposes and thresholds, adjudication of incapacity indeed uses a different legal test than capacity to will.