Mental Capacity Assessment
for Will-Making
A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.If the testator is elderly, has had a stroke, has dementia, or has another condition that may affect mental capacity, a psychiatrist should assess the testator's mental state before the will is made. This helps confirm that the person has the mental capacity to make a valid will.
4 Required Mental Abilities:
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Ability to express one's wishes and decisions
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Understand the distribution and portion of the asset
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Understand the relationship between the testator and the beneficiary
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Analyse the reason of distribution and the possible effects of such decision
Otherwise, it is possible for the validity and authenticity of the will and inheritance to be challenged. The beneficiary will then have to prove the will and inheritance were made under a suitable mental state and volition. However, if the will and inheritance were made by an authorised lawyer, on behalf of the testator, the time and additional legal expenses of the aforementioned can be saved. A doctor’s note, addressing that will and inheritance were made under a suitable mental state and the aforementioned abilities, is able to reduce the chance of disputes.
Three Instruments of Peace (IOP)
The Will
Most people do not want to deal with their after-death arrangement as this is regarded as a taboo. However, if the decedent has not made the will, the assets can only be divided according to the Intestates’ Estates Ordinance, and may have caused unnecessary disputes to the family members who have just lost their loved one.
The Enduring Power of Attorney (EPA)
The major function of the EPA is to allow the donor to empower the donee to handle the assets and properties when the donor has lost the mental capacity. As there is an appointed person to deal with the financial affairs, family members are not required to apply for the empowerment to handle the financial affairs. This can save up the money and pressure.
Advance Directive
Indicate in advance the instruction of being resuscitated or not, at a future time when he or she is no longer mentally competent to make decisions or instruct a doctor. If the advance directive is effective and applicable, the medical professionals and the family members will have to follow the directive. The advance directive has helped the family members to make difficult decisions.
Psychiatric Assessment Report
When conducting a psychiatric assessment, the psychiatrist will provide professional assistance to make sure that the report is objective, professional, and clear. It is hoped that the report can solve the problem specifically and be handed to the relevant organisation or lawyer.
The report can be provided for the following situations:
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Civil and criminal cases
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Work stress evaluation
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Post-Traumatic Stress Disorder (PTSD)
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Psychiatric Assessment For Children (i.e. ADHD, Autism etc.)
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Assessment Report For Mental Illness (i.e. anxiety, depression, psychosis, dementia etc.)
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Insurance affairs
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Family and child protection