Legal Definitions - disposing capacity

Disposing capacity refers to the legal standard of mental competence required for an individual to create a valid will or other legal document that dictates the distribution of their property after their death. It means the person must possess a sound mind at the time they execute the document, understanding the nature and effect of their actions.

To have disposing capacity, an individual generally must:

• Understand that they are creating a document that will transfer their property upon their death.
• Know the general nature and extent of their property (e.g., what assets they own).
• Recognize the "natural objects of their bounty" – meaning, they should be aware of their family members or others who would typically be expected to receive their property.
• Not be suffering from any delusion or mental disorder that significantly influences their decisions about how their property should be distributed.
• Not be under undue influence from another person that compels them to make decisions they would not otherwise make.

Here are some examples illustrating disposing capacity:

• Example 1: Clear Capacity

  Ms. Eleanor Vance, an 85-year-old retired professor, decides to update her will. She meets with her attorney, clearly lists all her assets, including her home, investment portfolio, and a valuable collection of antique books. She precisely explains how she wants her estate divided among her two children and her alma mater, detailing her reasons for each bequest. She asks insightful questions about the legal implications and tax consequences of her choices.

  This example demonstrates disposing capacity because Ms. Vance clearly understands she is creating a will, knows what property she owns, identifies her beneficiaries, and makes decisions based on her own rational and articulated intentions, without any apparent mental impairment affecting her judgment.

• Example 2: Capacity Questioned but Upheld

  Mr. Arthur Jenkins, 72, has recently been diagnosed with early-stage Alzheimer's disease. Despite this, he decides to draft a new will. During his meeting with the attorney, he accurately recalls his various assets, including several bank accounts, a small business, and a vacation home. He names his two children as primary beneficiaries but explains he wants to leave a specific sum to his long-time gardener, detailing the gardener's loyalty and service over the years. While he occasionally repeats himself or takes a moment to recall a specific detail, he consistently articulates his wishes regarding his estate and understands the document he is signing.

  In this scenario, Mr. Jenkins likely possesses disposing capacity. Even with a medical diagnosis, the key is that at the moment he signed the will, he understood he was making a will, knew his property, recognized his beneficiaries, and was not suffering from delusions that influenced his decisions. His occasional memory lapses or repetitions do not necessarily negate his fundamental understanding of the will's purpose and contents.

• Example 3: Lack of Capacity

  Mrs. Clara Thompson, 90, suffers from advanced dementia. Her son, who lives with her, brings her to an attorney's office to sign a new will that leaves him 90% of her substantial estate, effectively disinheriting her other two children. When the attorney attempts to discuss the will with Mrs. Thompson, she is disoriented, cannot recall her children's names, and believes the attorney's office is a restaurant. She simply signs where her son points, without engaging with the document's content.

  Mrs. Thompson clearly lacks disposing capacity in this situation. She does not understand she is making a will, cannot identify her property or beneficiaries, and is severely impaired by her dementia. Her inability to comprehend the nature of the act or the contents of the document means she does not meet the legal standard for disposing capacity. Furthermore, the presence of her son guiding her actions raises concerns about potential undue influence.