Will Contests
Challenges to testamentary capacity at time of will execution
Capacity Evaluations
Forensic Neuropsychiatric Capacity Assessment
Direct Answer
Testamentary capacity requires that a testator understood the nature and extent of their property, the natural objects of their bounty, the nature of the testamentary act, and how these elements relate to form a coherent plan. A forensic neuropsychiatrist with BNNP training (like Dr. Lodhi) is particularly suited to capacity evaluations because the conditions that most commonly impair capacity are neurocognitive disorders (Alzheimer's disease, vascular dementia, Lewy body dementia, delirium) that require specialized neuropsychiatric expertise to diagnose and assess, especially retrospectively.
Testamentary capacity disputes typically arise when a will, trust, or estate document is challenged on the grounds that the testator lacked sufficient mental capacity at the time of execution. These cases increasingly involve individuals with dementia or other neurocognitive disorders, conditions that Dr. Lodhi's BNNP fellowship training specifically prepared him to evaluate. An estimated 50% of Americans over age 85 have some degree of dementia, and this population holds a disproportionate share of wealth that flows through probate.
What Dr. Lodhi Evaluates
Dr. Lodhi's testamentary capacity evaluations include comprehensive medical record review with focus on neurocognitive trajectory, review of neuroimaging findings when available, review of neuropsychological testing data, medication review (anticholinergics, benzodiazepines, opioids, and other drugs that impair cognition), collateral interviews with family members, caregivers, and witnesses, assessment of the testator's functional abilities around the time of document execution, and construction of a detailed timeline correlating neurocognitive status with the dates of contested documents.
Case Types
Trust Disputes
Capacity to create, amend, or revoke trusts
Deed Transfers
Capacity to convey real property
Powers of Attorney
Capacity to execute POA documents
Conservatorship
Need for conservatorship based on incapacity
Undue Influence
Vulnerability to exploitation and overcoming of free will
Contractual Capacity
Capacity to enter contracts, settlements, and agreements
Elder Abuse
Financial exploitation of cognitively impaired individuals
Why Neuropsychiatric Expertise Matters in Capacity Cases
A general psychiatrist can assess whether someone had a psychiatric disorder, but the conditions that impair testamentary capacity are overwhelmingly neurological in origin. Alzheimer's disease, vascular dementia, Parkinson's disease dementia, Lewy body dementia, delirium. Dr. Lodhi's BNNP training provides the specialized knowledge to diagnose these conditions, assess their severity at specific points in time, and explain to judges and juries how particular neurocognitive deficits impair the specific cognitive abilities required for testamentary capacity.
This neuropsychiatric depth also strengthens undue influence opinions. Neurocognitive disorders create vulnerability to influence through mechanisms that require medical understanding: impaired executive function reduces resistance to persuasion, anosognosia (lack of awareness of one's deficits) increases dependency on others, and apathy and passivity (common in frontal lobe dysfunction) facilitate acquiescence to another's wishes.
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Complimentary case screening for probate and estate matters involving testamentary capacity, contractual capacity, or undue influence.