Your Name

Address

Phone #

FORENSIC PSYCHIATRIC[JH1]REPORT

Testamentary Capacity

Subject’s Name

Case #:

DOB:

Date

REASON FOR REFERRAL:

The purpose of this evaluation is to determine whether _____has [JH2]the capacity to make a will.

I performed this evaluation at the request of _____.

OPINION:

It is my opinion, with a reasonable degree of medical certainty, that _____ has [JH3]the capacity to make a will.

SOURCES OF INFORMATION:

1.Interview [JH4]of _____ for _____hours on _____

2[JH5].

CONFIDENTIALITY:

At the start of the interview, I explained to _____ the purpose of the evaluation, my role, and the limits of confidentiality.

RELEVANT PRIOR HISTORY:

Psychosocial development[JH6]/relationships

Education/IQ

Employment performance

Family history

Psychiatric history (evaluation, testing,diagnoses, treatment, hospitalizations)

Substance abuse history

Prior findings of incompetence/assignment of guardian

Criminal history, if relevant

Medical history

ADAPTIVE FUNCTIONING AT THE TIME OF WILL [JH7]CREATION:

Circumstances of creation of the will

Notable contents [JH8]of the will

Functioning on the job and in managing finances/property/dependants

Nature and extent of relations with family members and significant others

Controlling or coercive involvement of others

Recent evidence of mental status change or illness[JH9]

Evidence of future plans

MENTAL STATUS EXAMINATION[JH10]:

General mental status[JH11]:

Appearance

Behavior

Speech

Flow of thought

Affect

Mood (and suicidality/aggression)

Review of other symptoms (sleep, appetite, energy, anxiety, etc.)

Hallucinations

Delusions[JH12]

Orientation, memory, concentration

Intellect, knowledge, comprehension

Insight, judgment, abstract thought

Adaptive/functional abilities:

Use of money/calculation

Knowledge of assets, bills, benefits, cost of living

Problem solving regarding child care, transportation, shopping, banking

Future plans

Testamentary capacity[JH13]:

Knowledge that a will is being made

Knowledge of the nature and extent of property

Knowledge of the natural objects of his/her bounty[JH14]

Feeling towards/relationship with [JH15]those in the will and other natural objects of his/her bounty

Knowledge of the manner in which the will disposes of the property

Assessment of how the will is likely to impact others

FURTHER STUDIES:

Consider intelligence, psychological, or neuropsychological testing

DIAGNOSIS:

Axis I:

Axis II:

Axis III:

FORMULATION:

Clinical formulation

Does/did the testator know he/she is/was making a will?

Does/did the testator know the natural objects of his/her bounty?

Does/did the testator know the nature and extent of his/her property?

Was the will the product of a delusional belief?

Does the will reflect coercion, compulsion, or restraint [JH16]by another on the testator?

Respectfully submitted,

Your name

Licensed Psychiatrist

Board-certified in Psychiatry[JH17], ABPN

1

[JH1]Or psychological

[JH2]Or had.

Most such evaluations are conducted posthumously.

[JH3]Or lacks.

Or had or lacked.

[JH4]If the testator is deceased, give a disclaimer to that effect here and do not include a MSE section.

[JH5]List all available mental health records as well as interviews with family members or other providers. In cases of posthumous evaluation, interviews of those who had contact with the testator at the time of the creation of the will are particularly important, especially those who are not contesting the will and less biased.

Also list any wills provided to you, and the dates they were written.

[JH6]The following are a suggested list of historical domains to be covered in chronological order, deleting the headings as you fill them in.

[JH7]This section is most critical in the case of a posthumous evaluation. Retitle “Current Adaptive Functioning” if the testator is still alive and has not yet prepared a will, but is planning to do so.

[JH8]Especially changes from one will to another, or unusual conditions or assignment of bounty.

[JH9]Particularly signs of dementia and/or paranoia.

[JH10]This section would be omitted in a posthumous evaluation, unless the testator left a videotape statement to accompany the will.

Note any suspicious (i.e., controlling) involvement of others in the examination.

[JH11]The following domains are suggested areas that should be covered, deleting the headings as you fill them in.

[JH12]Particularly relevant is any “insane delusion” about testator’s relatives or the nature of his property.

[JH13]If the evaluation is posthumous, you will need to look for evidence of these capacities in sources other than an interview.

[JH14]i.e., who would stand to inherit if there were no will.

[JH15]Close and loving, or distant and remote? Paranoid? Hostile? Controlling or influential?

[JH16]Special circumstances which may invalidate a will.

[JH17]Or other relevant title and credentials.