Five shades of capacity

By Jocelyn Tatebe and Kim Gale (October 20, 2023, 2:09 PM EDT) -- In estate law, there is no single definition of capacity. Likewise, there is no “black and white” test that can be universally applied to all situations or types of decision-making. This is because capacity is specific to the decision required to be made and the circumstances. It can also fluctuate over time....